Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1885-03-21
THE JEFF, WILSON CASE.

THE JEFF. WILSON CASE.
News reached here Thursday morn
ing that the state supreme court at JEFF
ferson City had reversed the decision
in the lower court in the JEFF. Wilson
murder case, remanded it,and granted
a new trial.
The press dispatch from Jefferson
City announcing the decision was as
follows:
LII the case of the State vs.. Jefferson
Wilson, from the Lafayette circuit
court, the Judgment was reversed and
the Ease remsnded for a new tria'. The
defendant in this case, Jefferson Wilson,
q negro, was indicted i'll Lafayette
county for killing Jennie Sanford. a
girl of his own race, July 81, 1854, by
entering her sleeping room, quarreling
with her, and then shooting her several
times W tn q pistol secured tor the pur-
pose. The murder was q brutal one,
the victim receiving wounds In the
neck, breast, right arm and hand,
causing instant death. Wilson was
tried aud found guilty OF murder In the
first degree. From this AL appeal was
taken 10 the supreme court. A plea In
abatement was fled in the trial court
because q non attending grand juror
was excused and another summoned
aud sworn in his place by order of the
court. This plea was held insufficient
and the ruling was sustained by the
superior court. The refusal by the
trial court to grant a change OF emu
was also sustained. The action OF the
court in disallowing defendants chal-
lenge, of certain jurors was sustained,
opinions based on newspaper accounts
of the crime as upon mere rumors, not
being such as to disquslify the juror
on the ground of prejudice. The case
was, however, reversed and remanded
for the reason that while the instruc-
tions for the defendant recognized a
lower grade of homicide than murder
in the first degree, they contained no
definition OF q lower grade OF crime.
Commenting on the eighth instruction
the learned judge says that 1t was mis-
leading. While threats are not Lufti-
cient to palliate a homicide, yet when
they occurred asa part of the res gestat
and are uttered while making an at
tempt OH the life of the person threat
ened, they might be worthy of consid-
Grafton as tending in connection with
such attempts to lower the grade of the
homicide when perpetrated by the per-
son threatened. Relative to the point
that no negroes were returned ON the
panel of forty. the court says the record
being silent on that point the recital OF
it In q motion for new trial constitutes
80 z,~o e vuIs,h snAinioI nnfYrQ
can be taken.
Judge Sherwood delivered the opin-
ion. Judge Norton dissented.
The reversal was upon a point which
the defendants lawyers held to be OF
but little weight. Judge Young who
argued the appeal still thinks SO, we
understand.
Of course this paper has no prejudice
against the defendant and much SYM
pathy with his unfortunate condition,
but we can see little force in the opin'
ion OF the court, requiring an instruc-
ton for murder In the second degree in
q case in which there are nom of the
elements OF murder in the second de-
gree; especially as in q recent opinion
the very same court rendered Q decision
in cOnsonsnce with our view. The
trouble is, and this lawyers OF the state
complain of it very much, orr supreme
court does not appear to mature its
opinions, and decides things in a sort
of hop, skip and jump fashion, that
renders its own opinions as of little ac'
count as guides to itself, to inferior
c ,urts or to the attorneys at the bar.
We understand, that 1t is presumption
on the part Of q newspaper or q laymar
to express an opinion on such matters,
but we understand, too, II we had
never seen q law book, that the uncer,
~tainties of the law may be u%nnecessar
lily magnifed, and that the people must
foot the bills. Whatever is done in the
interest of justice 10 all right; money
cannot be allowed to weigh, against
Justice; but unnecessary repetitions ol
trials, it seems to us, can accomplish nO
good for defendants while they are q
burden and an expense to the state.
Still, there is a human life involved
in this case, and so all things should be
done in decency and in order.
The cass will be tried by Judge Ry.
land, in this county, at as early a day
as practicable, q special term probabl,
being held for the purpose sometime il
June. There is no definite informa.
ton on this point, however.
The Post at H~igginssille remarks
"Can it be possible that Cleveland ha;
a compassionate and fraternal feeling
for the cattle bsrons' Of Oklahoma
and that his recent proclamation 10 in.
tended IS an assurance that they ARK
not to be molested2 If it be SO, wha,
a breaking Of idols will follow in soma
sections! The republican president
was not accused of more than that
Either you haven't read the proclama'
ton, and hence should not attempt te
comment upon it, or you are unfair ir
what you say, friend Post. Mr.. Glove
land does what President Arthur failed
to do, he gives the 'cstsle barons' notice
10 leave IN unmistakable language. MIR
Arthur only said that to the poor SET
tiers who wanted homesteads. Mr.
Cleveland does his plain duty in exc.
cutting the law, but he also takes care
To show that he will execute 1t agains
tine rich as we'll as against the poor
His language cannot be mistaken. H.
says:-'I, Grover Cleveland, Presl.
dent OF the United States, do hereby
warn and admonish all and every per.
son or persons mot0 in the occupation O
such lands that they viii
neither be permitted to enter upon sale
territory, nor. if already tae,e, 10 re-
main thereon. = The militsrs
power of the United States will be ia