Delaware gazette and state journal., 1884-02-14
THE CRIME OF LIST.
A strong Argument Against the
Taking of His Life.


Editor Gaseite 3' Journa' | see tina
az effort ,s bsiDg made to hsv
the young man, Lewis Il. List
now under ssntercs OF dtath 10
murder, respitsd. l sm glad that sucl
q movement has bsen stsrtsd and au
sure that spber, conscientious and i'm
partial consideration Of the surrounding
of this case, from its inception to its cul
mination, will convince every one so con
oidsring 1t that the verdict of the jur,
was strained beyond the just interpreta
tion of the law Of ths highest grade o
murder. That the jury was uubiased b.,
any persons feeling against the prisoners
and gave verdict according to thei
convictions is, so far as | know
universally conceded. But in cas-
where the circumstances we're known u
the whole comm unity, wh,re the iaot
we're not obsour-d by any divertity o.
divergence Of evidence, where every Incl
dent OF the tragedy was as we'll known t.
the community outside as TO the jury in
side, II is safe TO sAy that at least mint
uul nf every ten Of this outside jury wer,
surprised aud shocked at the severity o
the Judgment that the general Verdic
of the people would have at the end o
that trial esn divided between murder
of the second degree and manslaughter
and that the two Lists would have beel
convicted Of the same crime.
Indeed it Ia difficult to understand Of
explain, and l question if it has evel
been attempted to be explained, why tn,
elder List who was convicted as q partici
ii 81, hxyh h.1in M
aiding aud abetting, should have beer
found guilty OF a crime, that the SAINT
Jury at the same time declared by their yer
dict had not been committed at all. There
was only one murder done-and that a
murder of the first degree-and yet there
wers two convictions an for two widely
different offenses, and by the same jury
True, the court in review, said the jury had
the power to do this inconsistent thing,
but the court did not endorse the justice
of it. To those who attempt to think out
a reason for it the conclusion i5 irresis-
table that the result was perhaps an ub'
conscious, but NO less real compromise
with their consciepoes in self mitigation
of the severity of their verdict agains,
the younger List.
That the miscarriage of justice in other
cases, and the reluctance OF juries to
make capital convictions had to degree
worked the general public miAd towards
AN opposite conclusion, and served to
make conviction easier than 1t other
wise would have been is among one ol
the reasons assigned for this particular
verdict. And there IL another suggested
in the exceptionally abe effort of the
attorney general who, sdmonished by
the experience OF former trials, pressed
With unusual vigor for conviction
for murder in the first degree, with pos
sibie expectation of verdict one remove
below while the defense, with the hope
Of reducing the verdict to manslaughter
threw the weight of their arguments and
efforts for the plea OF self-defense.
possibly decided, leaving the second
grade in the background because 1t was
not elucidated by either side and the dis
tinction properly marked snd defined.
But, whether these suppositions are oi
any consequence o. not, the grave ard
solemn fact remains that Young man,
hardly in the prime Of life, is convicted
of crime that the law Gays must have as
it's constituent elements, premeditation,
malice aforethought, and lying in wait
must have motive other than suddenly
aroused passion, and the impulse O.
sudden and ungovernable anger. And
yet this crime, which Was by Jury O
twelve meu pronounced murder
Of tho first degree, was done .upor
a mgn who was stranger until within
a few minutes, (less perhaps than 10)
before the act; who had come in threat
ening manner to redress some grievance
of niece fancied or real in regard to al
insignificant matter Of household goods
who was almost on the moment of his
arrival at this nlau's house engaged in !
per onal encounter oi which the viotiu
was having the best; and that, after tht
man who was shot had besn forced to re
lease his hold aud to run away, hs cant
back almost immediately, in minute ol
less, armed with stones, and wss the;
shot.
1t ia rot claimed by those who thiuf
this verdict unjust that this was 3 case o
sell defense. II was murder, ard murdel
with intent to kill in all probability, bu
not OF the first degree -; not OF the firs
degree, Ths sudden passion of the fire
ouset was still raging in the breast o
that you1g man, the frenzy that urgec
him on was frenzy without any elemen
Of ooolne5s, of judgment, Of deliberstioI
about It. No cause but fierce tumult o
passion sngendered by tbs fret assault
unooolsd uhabated, uurestrsine1, forced
him to the quick and terrible conclusion
lii it were all the constituent elements o
murder OF the second degree not one o
those that mark the difference and max
the higher crime
And then consider thst the Law, In iti
care for human life, when put il
jeopardy by human law, has humanel,
provided, that the criminal on trial shal
have the benefit Of every reasonable
doubt. Was there no doub
that was reasonable IN poor Lists
case II he had gone seeking thi
man as this man sought him; If lie haC
known this man and IL had been proven
th at there WAS enmity between them o.
q grudge, or that in some way youni
List might have proft-d by this man
death would the cage not have been in
initely strougerf rnen, in the absence 9
these conditions, when 10 pfeviou
malice was shaxD, no motive whateve
except sudden provocstlon through vic
Isn't assault, 10 purpose behind tn
crime, does it not suggest grave doubt
as to the ohsrsoter of the crime tn
benefit of which the prisoner was unde
the Law entitled to but which he did no
get
This communication is written, not 10
purpose OF lehsctinE upon tine motives o
indeed the set OF auy connected Tlth thi
trial, but through conscientious convic
ticn that while there ia yet time tn
people OF this county, including all VIII
have any responsibility for this man
present situation, should arouse them
selves, and make an appeal to the onl
man now having authority to modify th
SEVERITY Of this young mans sentence
and, if thsy consider the sentenc
TOO severe, aud have been thus ia
| indifferent or careless in relation to Il
| that they examine the elements of Grim
entering into this tragedy. to the emo
that they NAV make up just iudgmei
in regard to it, and, having 80 done th'
they act accord dlpg to their cOavlotiai
y ~hie tle oYpvrtuui : iv stlll "psn. 7.
THE PENINSULA.
Between 60 and 20 cases Of measles al
ID s.., h.