Daily Republican., 1881-11-30

/ ~ uduStIy uub tucN IuuSJ 10 Sdtlsll'
that he was actually in danger of losing
his life.
Nothing that man can say to anothe
can be an excuse Tor Inurderous as
sault, and would not constitut" any de
Tense. The Chief Justice explained Il
,the jury the nature of murder, and sait
that malice ~ the handspring Of al
murder.
He also reviewed the evidence of The
witnesses and said that in the principle
points they all agreed, and there was
no discrepancy about the main facts.
Let US suppose that he as watchman
had such orders as the defense claims,
that does not justify him in killing an
intruder.
Talk about private watchman, why
would as soon havea feroci0us Bengal
Tiger at large in our immense industrial
establishments, as to have Morris
Carberry. Mr. Gray concluded by tell
ing the jury, that ii they believed the
evidence OF the witnesses they must
reDder verdict Of murder in the first
degree.
The States Attorney closed his able
argument at 4 As o'ciosk and the Chief
Justice Immediately commenced his
charge TO the jury.
He said now that counsel bad con-
cluded their argument painful duty
deI0lved upon him, but he had no de-
sire to sarlnk his duty. He said that
no considerations of sympathy for the
prisoner, or his family, or for his vic
tim, must enter..into their deliberations,
| fhAU ~ rply rh. at,il luv n
that alou- IL Liaking up their verdict.
If you believe that the prisoner drew
the pistol before Adams picked up the
iron, then he was the aggressor, and
Adams had right to pick up anything
he.coud get his hands upon, to defend
himself, and no after act Of Adams
wuold justify the prisoner ia shooting
him. 1t the jury believed that the
prisoner at the bar had malice in his
heart when he fired that fatal shot, then
they must render verdict in accord
ance with tnat belief regardless Of con.
sequences, and with no other purpose
but the single one of rendering Justice.
In giving the case to the jury, tho
Chief Justice said that he was satisfied
thai they would give it that impartial
''hfht'ia'ioii ~ uCIlduitt, Iob
only in the interests of Justice, but also
III consideration Of the rights and wei
fare OF the prisoner. He again called
their attention. to the different degrees
Of murder, and said unless they had
reasonable doubt, hey must render a
verdict of guilty Or one Of the three
grades, but Of which ii was their duty
TO determine. As the jury werA about
to retire, the Chief Justice stopped them
and said, that in view of the experience
OF the previous trial If this case, he
would not under any consideration dis
charge them, until they had rendered a
verdict.
The jury then at 80 o'clock retired
in charge of he hallitt to their rocm
At 1890 O'Clock last night, they sent
word down to Judges Houston and
Wales, VINO had remained, that they
could not agree, the Judges sent back
word that they should retire.
shorty afterwards, the two judges
also left the Court House.
TheattcndanCe yesterday afternoon
was very large, and the able argument
OF the Attorney General, also the charge
Of the Chief Justice, were listened to
with breathless attention.
AS soon as the jury retired, a number
OF the spectators pressed to the rear Of
the dock to get ii glimpse of the priso-
ner, bat the tipstaues quiCsly removed
him 10 his cell III the basement, and
he crowd tindiug they we're foiled,
slowly passed out, ana in a few min
nteS the Court room waSteserted, save
BY those whose duties compelled them
o remain there.