Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1883-11-29
NEW SERIES. VOL. IV.-NO. ~

l
I vsrdlrl might b. a,lhar nIGrtef Ia l.
d first deglee or murder 10 the aecond d
II gree or maalsue htar. The youug
r List hos COMMITTEES aoms crms, no dout
T. snc il his father aided or command
e min he il also snilty. Ths killing OF
9 self Without any justifyiug circuIn tai C
r would be murder in the first degree. el
5 coupaei for defense contend that Il
( ofsnas is iessened by surrounding ci
> cumBtanoes Tney contend that at I'll
time of the shooting Lewis F. List was
dagger Of his life. If the defense holc
good, the prisoner is guilty of maj
slaughter.
Mr.. Conpsr claimed that the actions
, young List showed the shooting to nav
been deliberate and asked for e verdi,
Of murder iu the fret degree Nj
Cooper followed hiS argument with th
Submission to the court oil law proposi
tious relating TO the case, 01e {
: the propositions stated that If the jur
oelte'es the elder List was present at tn
time of il.e shooting aud that be- aide
and ahetted IN The murder he should b
held gailty of the same degree of Grim
se his soB al whose hands Taylor va
slain.
At o'clock the court Ell nrFed unti
3 o'ciork - the sfternoa
Thstrist Of tire Taylor murderers again
coxded tue court hou,e Friday after
neon. Tte fspes of several ladies', wht
wers iIterssted sps itg'crs o. Thursday
afternoon, asfe nutieet. amoug the large
sudieace. Every Inch CT staudirg room
and all the sssts wtre occupied bsfJrs the
judges took their seats IN the b ncu. IL
front OF thu prisoner . Gook tie wives o.
the prisoners we're seated. By the side
Of the younger wife was seated one Of her
i've children, apparently four years oi
| age. 3he divided her attention between
toying with her SINAI. blue bonnet, cast.
ing SffsetiouRte glauces at her father, and
| looking in bewildered way ovsr the
large court room. The prisouera fol-
| lowed the proceedings closely, and young
Lists face indsted the anxiety he felt.
Upon the oonvening of court, Mr.. Har.
| rinEton addressed the jury in bsb al of the
defense. He made touching appeal for
his clients. Continuing he reeapitulated
the evidence ss adduced by the witnesses
and pointed out to the Jury what he
evidence. His address consumed an hour
anu d st1ill III It's utiifNJYs
Harry Sharplev, Esq also for the de.
fenss, followed ia q lengthy argument
detailing the facts of the murder, and
argued to established the plea OF eelf
defense for the prisoners. At $50 court
adjourned until 10 O'Clock saturday
morning.
The chamber was again crowd ID Satur-
day morning when court convened at 10
O'Clock. The attendance of women was
considerably increased, and those in
attendance were interested auditors 70
the eloquent pleadings of the attorney
general.
The wives of the Lists for the first time
during the trial did not put in appearance
.his morning. This prisoners, especially
the younger, exhibited great deal OF
anxiety, and while the attorney general
was picturing the bloody affair and charged
that 1t was deliberate and wilinl murder,
the young mans head sank on his chest
and he sat with closed eyes listening to
the terrible arraignment being adminis-
tered. The father appeared trifie more
collected but showed some nervousness
when his part OF the killing was brought
up in review.
Mr.. Sharpley, for the defense, occupied
| an hour after the opening in submitting
legal propositions besring on tn, case to
| the court.
The attorney general followed, and
| occupied about an hour and half. Mr..
| Gray recited the incidents of the killing,
and appesisd to the jury not to be iDflu-
enced By the pathetic surroundings the
| wife, mother, and children, but to return
verdict in accordance with the evidence
Rnd the law. He argued that the killing
was delibeFate and wiiful and not done
| in hot blood.
When Mr., Gray had finished his ad
dress Chief Justice Comeeys delivered
his charge to the jury, first compliment
| ing ths counsel upon the able manner III
which the case had been presented upon
| both sides
| 1t is the law of this State, as part Of the
| common law which our ancestors brought
with them when they came here, that all
| homicides are presumed to be malicious, and
| to be murder, until the contrary Ii made to
| appear, on behalf of the slayer. by legal
| proof. In other words when one man kills
another with deadly weapon, he is held to
| have been actuated by malice, unless he show
| the contrary by satisfactory evidence.
| This makes it necessary that | should state
| to you, that where the term malice is used, 1t
| is not to be understood to be confined in Its
| meaning to hostility, or vlndictiyeness against
| one or more individuals, but rather as a state
| of the heart, showing that it is desperately
wicked, that it is regardless of social duty
| and fatally bent on mischief. Where this
malice is shown to exist, whether it inspire
an act of fatal violence against particular
] individual, or d reckless wanton act against
| many, but no one in particular, which results
fatally, the crime committed is murder.
Originally there We're no degrees of mur-
| der where death was occasioned by malice,
il was murder, punishable with death. But
| the Legislature. at the making of the revised
code OF 1852, thought proper to establish two
| degrees of this crime and now it is only
| murder of the first degree that is a capital
| otfense murder of the second degree
being punishable by imprisonment fol
life. Murder in the first degree is where one
kills another with sedate deliberate mind
and formed design, such formed design
being shown by external circumstances evinc
| ing the intention of the mind. This is what
| our statute means when il speaks of express
| malice aforethought and these clrcum-
Stances among others, are evidence Of it
lying in wait, previous threats or menaces
former grudges, and concerted or planned
schemes to do the party some bodily harm
As before said, this crime is punishable Will
death it is also an offense punishable will
death to kill another when perpetrating, ol
attempting to perpetrate any other capita
| crime, arson for example Murder of the
second degree may be defined generally to bi
any killing of another which is not the con
sequence of malice expressly against hlm
but is rather that of general maligulty o.
heart is shown by wicked conduct
| such as doing deliberate cruel act agains
another, however sudden, without any or
considerable proyocation. When therefore
| | repeat. the act is committed with deliberat
mind and formed design and death results, i
is evidence of express malice aforethought
and the crime is murder of the first degree
where it is produced by any deliberate crue
act, however suddenly done, without any o
at least considerable provocation, it is still
murder, but with implied malice aforethcugh
and murder OF the second degree.
There remain two other kinds Of homicId
which it is my duty to explain to you. The
are respectively manslaughter and killing ii
self-defense. Manslaughter, generally,
homicide on proyocation, occasioned by per
sonal violence to the slayer. Whotl persona
violence of II gross kind, is inflicted upon
person, but not such as to endanger life o
limb or in certain case (of which this i
not one) where the feelings are grossly in
suited and outraged if fatal blow be give
to the assailaut, or insulter Gas the case ma
be) under the sudden outburst of passiol
occssioned by the assault, or insult, and be
fore such passion has had time to subside, tn
offense is that of manslaughter, or unlawful
homicide without malice. Owing to the fac
that there are not, in either. apparen
precedent circumstances indicating a de
hberate purpose and previously forme
design on the part of the slayer to take life
or do great bodily injury, the law imputes tn
offense to human infirmity, and holds tn
slayer guilty OF manslaughter only. II
however murder, if the fatal shot be fired, @