Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1884-11-13

10 charged. Before he considered th,
evidence as 10 whether or not johnson
struck the blows, he would consider th,
grade Of the offsnss. The law Is that murde
in the first degree is murder OF expressed
malice aforsthought. Is there a mai
who would undertake to say
In his heart that the man VIII,
struck that blow intended TO take life
The class Of murder In which the Learned
counsel tried TO bring this case wal
"killlng with deadly weapon" The1,
was, however, no deadly weapon. Aotu
al y the paling did not make q out OIL
the mans head, no nor {
bruise, hardly confusion. HI
speak on the subjsoI any longer
because the learned counsel asked at tbs
hands Of the jury . human lie. He
then reviewed the testimony and said,
pointing to the dock, 'If that
prisoner had stayed away from thai
church that night, l don't believe War
rington would be alive to-day,
don't believe he struck the
blow" Continuing he said ~ want
to know how two men can meet on
. dark night, one with pistol and
another with . club, one shoot and
another strike, and there be no differ
enoe between them. know there was
no difference as far as this boy was con-
oerned, but whom the difference was with
want 10 know. It is the only key that
will unlock this case" Mr.. Higgins
spoke fully an hour.
Attorney General Gray, after citing
some legal decisions TO the court on lead
ing criminal cases, said he would rather
not start his argument at 12.36 and be In.
terruptsd at O'Clock by recess. Court
accordingly adjourned until ESQ in the
afternoon.
Court rsoonvsned at 2 80 O'Clock 10
the afternoon and Attorney. General
Gray at once began his Argument.
He first defined the different degrees Of
murder, after wLioh he took up the facts
Of the case. II was argued that the
prisoner at the bar did not strike the
blows, and again that il he did
the facts In the case were not
sufficient to demand q verdict OF
anything greater than granddaughter.
Who was II that struck those fatal blows,
that sent the young man Warrington to
his long and last account The jury heard
all the testimony 80 did he, and he, the
speaker, had no right to suppose that II
did not make the same impression on
their minds IS It did on his. Never in
his experience was such plain, positive
testimony given.
Mr.. Gray then reviewed the evidence.
Commenting sttsrward he said It was not
q case Of oiroumstantial evidence. The
fact Of the case was prov en- by direct tss-
tlmony. Men who heard and saw the
blows on the victims head came 10 testify.
II you were to see your fellou-msn drop
dead on the street under the blow OF an
adversary. would you, because you knew
not the cause of provooation for the
deed, say that the murderer
should 60 uuwhippsd Of justioef lie
said even II the prisoner had not intended
TO kill Warrington but had only intended
to beat him, he had given away to his
passions, and was answersble to all the
consequences. In conclusion, he said he
thought 1t would be uDjustihAble to
longer dstain the Jury, when the evil
denoe against Johnson lett 10 room for
doubt of his guilt
At 3.45 O'Clock Associate J1stioe White
ley delivered the charge to the jury.
He said the prisoner stsuds indicted ior
murder In the fret degree. He won
speak Of undisputsd and admitted facts.
The Jury WAS TO decide disputed ones.
He then wen: iuto review Vt the tssti
mony and said II the prisoner did steal
up behind Warrington strike him to tLt
ground, killing hun, he was guilty Of
muid,r In the first degree
10 sp0ks OF the defense, that
the night was so dark that Miles
bad to strike match to see the face OF
his wounded friend when standing right
over him. He quoted, II . person do an
act Of violence which destroys lite, II
must be concluded that he intended to
take life. He quoted the definition OF
granddaughter as requested by the ooun-
sci for defense, and said II was
the law for the juTy's guidance
whether II was murder In the frat degree.
second degree or msnslaughter. In the
case before the jury, there was no lying
IN wait, but the State commended that the
murder was Q deliberate aud premedi-
tated one. Speaking Of what might be
called deadly weapon, he said that any
thing strong enough to produce fatal
blow Gould BIZ called q deadly
weapon. Not only the nature Of
the instrument, but where the person was
struck with It must be considered. IL
closing, he said II upon review Of the
testimony, the Jury had q reasonable
doubt OF the prioouer's guilt they should
atquit him, but II not, he should be ccn-
viutsd.
The Jury left the room at Ais O'Clock.
Shortly after s 80 O'Clock it came into
court and rendered q verdict Of "guilty
Of murder in the second degree" The
sentence Of the court was deferred until
Wednesday.
Johnson was very unoonoerned during
his trial and was at times very inattentive
to the evidence. he ohewed tobacco CON-
stantly and at times he tossed his head
and his countenance wore an expression
Of insolence.