Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1885-12-02
The 1fiatof Becker.
|MR. BIRDS ADDRESS,

e9o14R lAzao'erou6 ppnrell In and tum
~ lneo the sso1A which Wero Alled In
- tlDe than q eta1rDo 70 write it, while
+ ~ ceheD who WGEa mt 20 fortunate
Ie11C4Gq4 omnding room N The alslso.
E8o0ptly nt O'Clock Ohiof Justice
GonAGys md AssocjAee Justices wcot.
~ 81 Housoon came IN and took
ltnlox piAess on the bench, and the
prisouer was aGn14 placed In the, doJk.
ne nelnee Of ~ Jury wese called BY
Clerk O0chTaps and immediately after
I wards DeVaty Attorney General Biegs
1.ked the Opuxt - charge the jury on
~ length Of time Of the intent 70 Kill,
Iqnd cited Houston's criminal law pp.
He alno nd fko0 page LIT In the case
I1lD- - In thecasoofths etata vs.tHlll. Al
tAsss citations eDaAsd to show thst Z
IpFomoi oiitstion 70 0oanmit murder ccull
be formed In . worry few minutes. When
- hn4 disposed Of these points be asked
~ Coprt q change the fury ON ths pro
toetIo6 Of ofpvoDeety, ond quoted largely
from Houooor's oximinal law, and othel
/ |authcE1tiee, 70 show that the taking o.
life Il Illegal, unless all other meani
are first exhausted toprevent felonioul
assAult.
He also asked that the Jury bs
charged, that II they believe the allega-
tions Of the prisoners counsel, that The
gun WAS discharged for the purpose Of
Tightening away McGinnis and Walker
| or that It was carelessly ared, then the
prisoner Is guilty Of Involuntary man
slaughter.
He oommsnoed his argument TO the
jury at !. 20 o'clock, BY saying that THU
wAs the first case Of the kind In which
he had ever besn engaged, and that II
was his earnest desire to do his duty tc
the prisoner, and to the community.
In speaking Of the business Of the priso.
nor, he said he was ENGAGED In ceiling
liquor, which under the law he had 9
perfect hight TO do, but that he could
not expect anything else than that he
would have different class Of people
% deal with, to what parsons engaged
| In other business would.
He reviewed the scenes of that night,
and said that 1t did not matter whai
the provocation was, for ss the shootinn
Idtd rot take place until q full half hour
afterwards, II could not be claimed that
/ IL was done In hot blood. The place
where McGInnis met his death Wal
fully 210 feet from the house., and n
Becker walked that distance, he had
full time for his blood to cool, and there
fore he Ia guilty OF murder.
He claimed the evidence showed that
the killing Was not accidental. Nc
Ginnis saw Becker coming, and said, az
he started 70 run, I" here comes Mr..
Becker with . double barreled gun,'
and Walker called to him not TO run
as Becker would shoot him. As soor
~ he shot McGinnis he said, . where
is the other one ?''apd IL Walker had no,
been hid In that shed he too would have
been killed, and there would have been
no one TO 90 on that stand 10 tell thi
Ievents OF that night He commanded
that Becker copoocted tse stories abou
the throwing OF stones, whiic he wal
lon his way 70 police station, and tha
be told these tales for the purpose O
Ishieldiug himself from the effects o
his rash act. In respect TO Rowan
Testimony about hearing the men out.
whore he said he was, the men were 10
feet from him, and it would have beel
impossible to have heard thom.
Notwithstanding the fact that b
heard the men Whispering, he admit
that he did not hear anything OF th'
Inoise and confusion after the shooting
Iaud which aroused the whole neighboI
hood, end the fact OF the matter Wa
that he knew nothing at all about
2 until the next morning. He c0ntende
that as It Rad bean clearly shown tina
McGinnis saw Becker when he begge
him not 20 shoot, IL followed that Becke
, must have seen MIN, and that the shooi
ling was not accidental. He conclude
by asking the jury to render verde
THAT the prisoner is guilty, ~ In manns
and form indicted.
Andrew K. sanborn, Esq, who
associated with Mr.. Bird, made I'll
lopeninx argument for the defense. Ii
Iolaimed that this case lacked all th
elements Of murder. as nothing hH
sbeen produced 20 show that the nc
was committed through malice. "a
idwelt on the fact that 30 many reputi
Bile citiaens had come toward and give
their testimo ony to the excellent cbara'
Itar which tho prisoner has alway
! borne. There was but two witnesses
the scenes which took place that nigh
lone Of whom 10 the prisoner In tho docl
4 whose mouth is closed, and the oths
the man Walker, who was with n
at the tine. The last name
had been placed on the stand, and
Thought the jury, as veil rs himsel
were disgustod With this witness befo
he hsd half finished his testimony.
His manner and his language wei
IenouRh 10 satisfy any one OF his cha
\ Iacter, but in addition to that, the d
fense had produced . number of reput
l Ible Witnesses who declared that the
y had known him for years, aud woul
a mot believe him under oath. He di
mot think tho Jury would convict d.
on such testimony - WAlker's.