The daily gazette., 1881-10-03
extent as they are now by Judge

Houston.
The prisoner to avail bimself Of .he
plea Of self defense must satisfy YOU by
the evidence that he was assailed by the
deceased with some deadly or dangerous
weapon, the usy Of which would be
likely to produce death, or infiict some
great bodily harm and injury; that he
endaavored to avoid the danger by re-
treating from bis assailant as far as he
could conveniently aud safely under all
the cii cumstances without subjecting
himself to the danger of his assaiIant's
attack, and that, therefore, the killing of
bis assailant was his only means of
safety and done to save his own life or
protect him from some great bodily
harm.
TO mako good the plea of self defense
1t must be shown that the prisoner was
in imminent manifest and immediate
danger Of losing his own life, or of suffer
Ing great bodily harm and injury.
We say TO you, gentlemen. that no
order, IN any such wsS FAae1yto prevent
the deceased from entefsg fhe mill or
to eject him therefrom, would justify
the use of deadly weapon, and much
less would 1t justify the taking of life.
1t Is very important for you to con.
slider whsthtei the prisoner or the de-
ceased was the assailant, and when you
consider and determine that fact you
will be relieved OF much matter which
has been thrown into the case.
We have been called upon to say to
you that you must be satisfied
that the prisoner at the bar Is the man
who committed the alleged offanse--
that Is doubtless true.
Now gentlemen think have said
all that l can properly say In reference
to the law and facts, leaving you to
apply the evidence to the law as
have given 1t to you, and In doing 80
| repeat that you are the judges Of the
evidence and you must take 1t a. you
remember 1t yourselves and not 90
have stated it for the mere purpose Of
illustration.
feel constrained from O sense of duty
to say to you that the fact that the
party slain was negro or mulaLto
ought not to enter intu your delibera.
lions; the prisoner 10 to be tried by the
same law and by the sane rules of evil
dence as II the party slain had been a
white Ban, the law makes ne distinc-
tion and you cannot make any, without
disIegardiDg the solemn and responsible
duty which has devolyed on you.
When you shall have considered and
weighed 10 your minds all the evidences
and applied it to the law, you have q
reasonable doubt OF the guilt of the
prisoner of either of the crimes which
has been explained and described to
you, it will be your. duty to give the
prisoner the benefit OF that doubt, but
it must be such doubt, growing out OF
the evidence, as reasonable men would
entertain. II you should have such q
doubt, you ought to acqult the prisoner;
but If the evidence brings your mindi
) to the conclusion Of guilt of any of the
offences which has been defined and
described TO you, 1t will be your duty to
convict hlm accordingly by your verdict.
Take the case, gentlemen; retire to
your room, and give 1t that investiga-
ton and consideration which Its i'm
portance, both to the community and
the prisoner demands, and render
such verdict as in your judgment the
law and evidence require, and such as
will have the approval of your con-
: sciences.
During the reading of the charge Car
berry sat with his head slightly bent
I
tude, but gave no visible expression OF
feeling beyond the very slight express
sion OF anxiety that has marked his de.
meaDor since his trial commenced. II
was 6.2l O'Clock when the jury retired.
1t was not thought by many that the
jury would not bs out more than two
hours at tho furthest but hour after hour
passed by and no verdict was reported
Shortly after II O'Clock the jury sent
word to the waiting judges that they
would not agree that night, whereupon
the Court departed and ordered the
room to be oiosed until Monday morn.
Ing, Judge Wootten saying that NO ver-
dict would be received ON Sunday. Car
berry sat In the prponsr's box all this
time, and during the evening composed.
ly smoked two cigars.
THE NEAL CASE.
In the Neal case, order was made by
the Couri, on the application of MI
OF the witnesses for the defense In N eaps
first trial, as the judgment Of the State
court had reon reversed by the United
states Supreme court. The order also
included the fee OF the Clerk OF the
Peace, $3.50, for transcript of the rec.
ord In the case.
Meals second trial was postponed or
/ W
one of the chief witnesses for the State
THIS MoRNINa's SESSION.
Court reassem bled at 10 O'Clock, this
morning, with the Carperry Jury sill
out. The report In relation to their
status was ten tor murder In the second
degree and two tor manslaug ter, with
30 muoh stubbornnsss on both sides that
al agreement was impossi bla. They
applied through the hAiiitf for break fasi !,
but the Court refused to allow them this
very desirable refreAhment.
Soon after Court assemble q Jury was
drawn to try Chas. Barker, COL, for car
rying a concealed deadly weapon. L. q.
vandegrift, Esq. for the State.
For the State police officer Richards
testified to seeing Barker at Fourth and
French streets fiouriship9 revolver. He
started for the corner but before he ar
rived Bal ker thrust the revolver In his
pocket. The officer removed the pistol
aud arrested Barker who was drunk.
The Jury returned verdict OF guilty
without leaving the box.
Barker was sentenced to pay the costs
OF prosecution and be imprisoned fifteen
days. He is from Dover.
of those empaneiled In The Carberry
case we're then discharged from further
attendance at this term.
THE JURY DISCHARGED.
At 11:45 the Carberry jury sent q
note to the Court, stating that they
could not agree, and asking to be dis
| charped Siy minutes LATER tbav came