The Wilmingtonian., 1885-12-12

missed by tine acceptance OF plea oil gullly
of murder in the second degree. We do not
know that there is any probability of the
offer Or the acceptance af such a plea; but
the factt the possibility of such an out
come has been talked of on the streets
makes it the duty of the press to speak out.
II ever the officers of the State were called
upon to prosecute Ii trial uncompromsingly
till a verdict is reached it is in this case. To
do anything less would be to fall just that
far short of their full duty to the people
whom they represent. If our police are not
TO be upheld iu the faithful performance of
their sworn duty as conservators of the
peace let the entire responfibility therefore
rest upon a jury and let not the State con-
template for moment becoming party
thereto. We feel sure that we voice the gen.
eral sentiment of this community when we
say that the acceptance Of plea of guilty in
any other form than as laid in the indict-
ment would not be regarded as carrying
with it proper vindicatian of the law and a
proper assurance of that protection for which
our people look to their peace officers. Let
complete justice be unswervipgy meted out,
SO far as the power Of our prosecuting offic-
ers go, and then, whatever the final result,
they will have the consciousness of having
done all that they could and may rely upon
their services being duly appreciated by the
community.
The Daily Republican said:
When it became generally known on
Saturday afternoon that the jnry in the
Davis case had disagreed, there was con
siderable dissatisfaction and indignation
i--s. Ii
their opinion that it was a miscarriage of
justice. One gentleman remarked that he
had forever lost all confidence in trials by
jury, and said that he thought change
should be made whereby the vote of the
majority should constitute the verdict.
Another said, chad that jury been pre-
sent at officer Peterson's house, as / was
Immediately after the body was carried in, and
heard that bereaved and stricken wife tell
how she begged him not to leave his supper
to 90 out, and how he answered that he
only had one more day to serve and he intend
ed to do his duty, they would not have been hal
an hour at arriving at a verdict in accor-
dance with the law, as explained by the
Chief Justice, and the fact as stated by the
witnesses for the the State" This gentle
man then described the scenes at the house
that night, which he said were so indelibly
impressed upon his mind that he could
never forget them. lie was very much ex
cited when he told how, when Mrs. Peterson
finally realized that her husband was dead
she fell to the floor as though dead herself
and how,the daughter laid in spasms, and con
cluded by saying that he wished every maj
on that jury had witnessed the scene.
Others said that unless something wal
done to stay crime in this city, and affort
protection to life, the scenes that occurred
in Cincinnati not long ago would be re-enact
ed here. Almost every one censured th,
five men on the jury who caused the dsa
greement, aud many said that Davis shoulC
be tried again before another jury as soon a
possible. The suggestion made in one o
the papers that he should be allowed to pleat
guilty to murder of the second degree dir
not seem to meet with much favor, for, a
those who opposed it said, it looks too mucl
like trifing with the law and justice. w
do not wish to appear as clamorous for tn
blood of any person, but we only reflect th
/ opinion Of five-sxths Of the thinking publ
+ when we say that there was no excuse 70
any other verdict than that of the first dc
gree. If Davis was so drunk as to be cleare
= Of murder in the first degree, how could h
y be brought in guilty OF murder in the secon
, degree. If his drunkenness was an exous
in any manner, then there was nothing els
to do than to bring in verdict Of guilty O
= no crime whatever and let him be sent t
: an insane asylum. This was one of tn
- cases that permitted of no modification
20 OF the verdict. The taking of the life {
Peterson was either the freak of an insan
- man or it was one of the most diabolie;
murders on record in Delaware.
10 If drinking tea or dozen glasses of lage
IL beer is to be the excuse for taking huma
re life, then no life is safe We hear of peop
10 drinking forty and more glasses of lagt
10 beer without getting drunk; in fact it
eS claimed by good authority that lager bet
OF will not intoxicate at all. How then Ga
ed Davis be excused?
If he had had delirium tremens thel