Savannah morning news. [volume] (Savannah) 1868-1887, 1885-12-16

Judge Adams began his charge TO the
Jury at 1850, and spoke 20 minutes. Al
ludlng TO provocation the court said:
''If Dawson made an assault upon
walsh, and the assault was provoked, 1t
could not be urged in extenuation OF the
killing. IL the act was not reduced TO
provoked killing, then the defendant is
guilty OF voluntary manslaughter, unless
he was not of sound mind.
when one man kills another without
legal proVocatlon there is legal malice"
His Honor carefully charged the jury
upon the bearing of sound mind and dis
erection. He stated that the presumption
is in favor of the sanity OF a person, and
the burden is upon the defendant TO prove
insanity.
DRUNKENNESS no EXCUSE.
Drunkenness voluntarily 10 no excuse
for crime. 1t may be considered as any
other question, providing the jury thinks
the question is illustrated by the facts IN
the case. If the crime be proven, drunk
enness IS no excuse for it. If one man
voluntarily and Intentionally kills an
other, and if there be nothing In the
circumstances TO Justify the killing,
and il when sober be is a man of sound
memory and discretion, that manis guilty
OF murder. The fact that he is drunk
does not take from him the responsibility.
The question of good character, His
Honor stated, he had been requested to
consider. Good character is no matter
in defense or mitigation il the defendants
guilt is proven" said Judge Adams.
In conclusion he charged the jury upon
the weight Of the defendants unsworn
statement aud the reasonable doubt.
In conclusion His Honor said: ''If you
find this defendant guilty, mis- penalty is
death, unless you recommend that he be
imprisoned for life."
The hands Of the clock were almost to-
gether at the hour of midnight when the
jury retired and the court took a recess
for three-quarters of an hour
THE JURY RETURNS.
There were between one hundred and
fifty and two hundred people in the court
room when Judge Adams took
his seat upon the bench at 1905
o'clockthis morning. During the recess
Walsh sat with his head resting upon
his hand, and apparently buried in
thought. His stepfather sat by him, and
the two talked earnestly together for some
time. There was a dead silence in the
court room when the jury, headed by
Foreman John Juchter, fled into the box.
Walsh looked up for a moment and then
dropped his head again while the jury
was being polled.
la. g. VERDICT OF GUILTY.
Deputy clerk Carr stepped down from
his desk and was handed the Indictment,
which he read in a clear, distinct voice.
estate VS.. John Walsh; murder" Upon
il was Endorsed the verdict:
"We, the jury, ind the defendant
guilty, and recommend him to imprison-
ment for life."
There was a moments pause when
Solicitor General duBignOn asked that
the verdict be put in proper form. The
Judge instructed the jury, if 1t desired to
recommend Imprisonment for life in lieu
OF the death penalty, to state its recon-
mendatiOn specifically. The jury retired,
and after few moments deliberatiOn re-
turned an amended verdict recommend
ing imprisonment in the penitentiary for
life.
THE PRISONER UNMOVED.
The prisoner was unmoved by the YER
dict, and did not display the slightest
emotion.
The Judge discharged the jury until 10
O'Clock this morning, and adjourned the
court until that hour
The crowd hung obOut the corridors for
some time, waiting for the prisoner to be
brought out. He remained for few min
utes with his counsel, and was then hur-
ried to the Jail.
The verdict was a surprise to many.
The impression prevailed that the case
would result in a mistral. The jury was
out an hour and fifteen minutes. On the
first ballot it stood 9 for guilty, with the
death penalty, TO for acquittal. To avert
a disagreement and consequent mis-
trial verdict Of guilty, with a recon-
mendation TO Imprisonment for life, was
agreed upon.
The case is a remarkable one, and the
verdict is the first verdict of guilty that
has been found against a white man
charged with murder in Chatham county
for tifty-siX years.