Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1885-12-05
Given to the Jury.
THE DAVIS CASE ENDEB-ARGU.
I .MENT OF COUNsEl.-CHARG
OF THE C0U RI.

smENI OF COUN8EL-CHAkGE
OF THE C0URT.
~ ~s
FIRST OR SECOND DEGREE.
Court re-convened at 2.30 o'clock on
Friday afternoon withthe Chief Justice
and Associate Justices present In
mediately after the opening the closing
argument for the defense was COM
menced by Mr.. Bird.
He addressed the Court first, and
cited number of authorities to show
| that while drunkenness Is not an ex-
cuse tor crime, the fact that such was the
state of the slayer at the time the act was
com mitted, 1t ia sufficient to reduce the
homicide from murder of the frat, to
| murder of the second degree. He also
quoted from the charge of Judge Robin
son of Maryland, In the recent trial of
Barnes, who murdered two persons
while crazed with liquor.
He commenced his argument to the
jury at 2 30 o'clock. by calling attention
10 the fact that the prisoner was nothing
more than boy, whose feet had scarce
ly entered the paths of manhood, and
that be was scarcely responsible for his
acts. The State had told the Jury that
they must try the prisoner according to
the evidence, but in tho sane breath
had said that unless they rendered q
verdict of guilty of murder In the first
degree the community would be shock.
ed F.; but he wanted It understood that IL
was the twelve men before him who were
trying the prisoner and not the commu-
nifty.
He claimed that the bare use OF 0
ldeadly weapon was not enough TO show
malice, that 1t was the deliberate use oi
the weapon that implied malice. II
Davis drew his pistol and shot Andrew
Peterson with malice. he was the worst
Icrea;uro ever formed.
But it was not done in or through
malice; it was done through tbs frenzy
caused by drink, and without any
motive whatever;there was not as much
malice In his actions as could be placed
on the point of o needle. He claimed
: that Davis was drunk, and as drunk as
a man could be, and then proceeded to
review tho evidence. He traced the
actions Of the prisoner from Friday
night when be went to bed at 10 o'clock,
and rose at o. clock the next morning
to return TO his work, with but about
three hours sleep. He contended that
instead of his drinking but eight glasses
of beer in the three hours from 10
Io'clock that Saturday afternoon, he had
according to the evidence, drank thirty
or forty glasses of besr, and he said
that no man could drink that amount
in 30 short a time and not be drunk.
Fourteen witesses had testified that
IDavis was drunk, and even the wit
: ness called by the State, young M iss
Belt, who bore upon her face the i'm
IpriuG of Gods truth, and of purity
Ieven she, when asked by the ATTORNEY
for the State, replied that he was drunk
He would be willing to try this case OF
the testimony OF this sweet young girl,
and that of the old man Giererson, wht
with his gray hairs had stood in tha
box, and wheh asked concerning tn,
1 condition of the prisoner replied that h,
Twas drunk, and wild drunk. The oil
man had gone to the picnic with hi
/ wife and son, and saw Davis; when h
came on that stand he told the truth.
When Mr.. Bird spoke of the fact tha
a he had only been married seven weeks
nj the tinne of the tragedy, the prisoner
r burst into tears, and with his fac
. buried in a handkerchief sobbed for
some time. He contended that tho fac
n of his raising brick to strike this wife
to whom he had been married but sucl
= brief time, was of itself sufficient u
tshow that he was drunk, and yer.
!. drunk.
Il lfthat was not enough TO show hi
Estate of mind st the time, his act o
S holding up his left hand aud shooting
at twas certainly sufficient TO shoy
that he was crazed as no one in hi
e fright mind would do thing like that
He said that IL the theory of the Stat
2 be true, there never was u worse mar
than the prisoner In the world. Blu
Ii is not true 1t has not been proven
but it has been proven that the prisone
was not only drunk, but frsnZie(
q with drink.
He did not claim that he had deliriul
Itremens, but hs did claim that he ws
In such a condition that he was incaps
z BILE Of knowing what he was doing, ar
II II the Jury with these facts before the
" sent this boy to the gallows, they woul
g commit an act that would rankle
their hearts as long they lived, and the
y would never forgive themselves for it ;
long as God lived.
Ii that boy could come out of tn;
lprisoner's box, and with the teal
n streaming down his face say 10 then
for Gods sake, gentlemen don't do I
don't send me to a scaffold for an AZ
>, COMMITTED when / WAS IN frenzy;
Ii struck my wife; / raised stone
=. strike her; snapped my pistol at he
III and at last [ shot man, but l kno
L nothing about #; l was mad; L WI
frenzied with rum; don't send me to tt
e. gallows.
"If he could do this" said Mr.. Birt
would ) ou, could you, give verdi,
that will deprive him of his life ?" Z
Ibid not ask for verdict of acquitta
but for second degree or manslaughte
and God knows that the second degre
~, is almost as bad as the first. He pi
!" tured In eloquent, but pleading tone
o. q young man like the prisoner locke
up In Jail for life, nothing above
and he begged the jury not to consig
him TO such living tomb.
Attorney General Paynter commen
ed the closing argument at 20 o'clocl
by saying the counsel for the defense hs
made an eloquent and Ingenious plea in
desperate case. Notwithstanding 81
= fact that the murder Is admitted I
the prisoners counsel, he has been q
! 10 wed TO take up the time of the Cour
~ and been given every opportunity
" show some palliation of the crime, br
:! none had been produced.
X he wanted 1t understood at the com
:, men cement that the State had no fee
ing against the prisoner, but was onl
n iasking that justice may be done. II
prisoner has broken the law In takin
T. the life of a human being, and shoul
4 be punished for It, The jury woul
III have to render verdict in accordant
with the law and the facts of this cas-
as presented by the evidence, and thi