Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1884-11-20


Thursday, the trial Of Adolph Kettner,
for the killing OF Patrick o'Brien, was re
sumed, and Deputy Attorney. General
Cooper addressed the court briefly upon
the points on which he desired the jury
to b. charged. They involved the different
grades Of murder, and he particularly
asked that the Jury be informed tnat
when a man shoots at one party, with 10
tent to kill, and by accident shoots
another man, the plea Of self-defensa
cannot bs successfully raised.
Andrew &. Sanborn, Esq., associate
counsel for the defense, then addressed
the Jury. II was his maiden speech be
fore o iHry, aud the general verdict vas
that he acquitted himself admirably MAX
ing q strong and effective argument. He
spoke OF the prisoners good character, IS
Attested by reliable witnesses, and then
made an exhaustive review Of the EVIL,
dsnoe, claiming that 1t plainly showed
that although the prisoner had
q right to use the pistol In
self defense, as he Was assaulted by
ruffAns In his place Of business, he did
not are with intent to kill anybody, and
the unfortunate shooting OF o'Brieu was
purely an accident, caused by the victim
rising from hts seat Just as the fatal shot
was fired. he spoke ftr an hour and IL
minutes, and closed with an earnest ap
peal for verdic, OF ''not guilty, on the
ground OF seli.defense "
Levi G Bird, BAG CLOSED the argument
for the defense, d began with high
compliment to the admirable effort OF bill
colleague, to which he said he hal liza
tened with surprise and immense grstid
cation. For an initial speech 1t was CIR
tainly the best he had ever heard at thii
bar In his argument for the prisope
Mr.. Bird dwelt particularly, ard Will
telling effect upon tn, tso
that the chief witnesses 10
the State, upon whose evidsncs con
vic,iop was mainly asked, we're drunk a
the time Of the shooting, and so admitted
in their testimony. He then reviewed
the testimony, and made strong appaaa
for the prisoner, whose innoceuoe OF tht
crime OF murder, he claimed, was full
attested by the evidences,
After concluding his address to tn
Jury, Mr.. Bird briefly Addressed tn
court, In regard to the question OF in'eA
to kill on the part of the prisoner.
c,ntradistinction he allu' to 80 Gas
Of DuRap, tried for the murder OF char
Rowe, in which Dugsn admitted that b
MeRachey, but that his shooting Of Row
was unintentiOnRl.
Attorney General Gray closed the argr
pent on behalf Of the State, and made
strong presentation Of the case. U
called particular attention to the to,
that at the time Of the unfortunate occu
renee Kettner was violating the laws
the State by selling liquor to drunke
men, and that the isot that he fired
one man and killed another was no Just
hcation, but as much crime as thong
he had shot the man he intended to.
Mr.. Gray concluded at 1.20 o'oloC
with a strong appeal for the prisoner
conviction, and then Chief Justi
Comesys charged the Jury. The char
defined the various grades OF murder, 81
the elements of crime necessary to cons
tute each grade. The question at issu
he said, was one for the jury to determ
fiom the evidence. If Kettner FIR
his pistol with tie deliberS
intention Of killing either Holman
Patterson, then he was guilty of murd
in the frat degree, even though the ia'
shot struck another man. II he fr
xecklessly regardless Of the con'equentt
Of his sot, then he WAS guilty Of murd
in the second degree; aid II he fired
pistol with no intention Of killing q
one, then the grade Of his crime was ms
slaughter. The only ground OF self defer
would be belief that at the time
firing he was 10 danger Of his life, q
the act Of shooting was the only mes
by which he could save himself. Tn,
were tho questions the Jury must deoi
nom the evidences.
At lao O'Clock the Jury retired o
court took Q recess.