Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1886-02-18

fcenfinsied .Jro,n first pags
may eniof:ain In this case Of the guilt OF
Ito 4s5eonsax that Is as to whether he fired
the fAfM slbfnnder q necessity to save his
osn life, or to prevent the infection Of
enormous bodily harm, he Is entitled To the
benefit Of that doubt, and should be ac-
quilted white this answer to the lnstrue-
tion prayed for Is given, the Jury must not
forget what 1 have before said about the
sinty upon a party aesailcd feioniously to
escape from his adversary II he can, before
he fnkes his life.
Answer 70 the second proposition. That it
Il not the law Of this State that a man can
take the life OF M armed assHilant In self
defence II he can, In any other way, as for
instance by retlNa.lng from him, escape the
danger OF tho assault, but II the assault Is
Vi such a nature that It could not be es-
cupsd from without Imminent peril OF life
or great injury to the person, no attempt at
escape need be made, but the assuilant may
be instantly killed.
Answer to the third pr pos tlon. This
proposition IN answered. BY that portion of
the charge have tli cady given you. But
1 Will sny fnrtner that the deceased had no
right 10 exeriise his authority in common
with others Of tho public, IN u violent man
nor, ~ by show Of arms aud threat to use
fhem u resisted; but, supposing he had such
right, the prisoner had none to interfere
with him In my way, and II he voluntarily
went la his way and opposed him, being
armed himself, he cannot Justify taking the
!. others life on the ground OF self7defence,
prepnv ~ ~ ua ~ T. 9qp.ii1 s vi "
" liz ~ ~,
believe that the deceased was the assalant
and had no right 10 entor upon the
r1isoner's land as q wayfarer, and yet in
banded to force his way through 1t with his
team; and opposed, % the reasonable re-
slntnnue o. ing PRISONER, we use " a uesluly
xsap9n, from me eI r 81 Tue use Of whicn
LnopIlsv,neI wV .t nHNe na a, ny Ineuls Vi
escape, Nc nsu lne rignt ~ kil MN 70 pro-
~. nis own iiio' VI us "ouy iroih srieFous
M 49,. ....,.,..,, ,,,.a.... a. -, A.
~, ~ assSn. ~ ln9
4uaiincauon tnat .iie aeiloinlng hlnu snoulu
y tocesslDie lioi'. sum p,hee II not Ihe
opsuuolo. may 70 consiue,eu UP 70 tne
Poias Mnelo inc "oloilins iaiu eouiu Do
unservu upon. ,.
Skin Rroposluon assented TO.
3oso ,s. P. s,i,.s ~, usscneeu 70;
N ulsniissinS Wy Jury Snlel Justlce
tomeeys inioruleu tnuin thht II Verulet OF
euilty Wa renueIeu, could not Dc ior
m9roer % sne nEs. OF second degree
Lao oveT , aT . Jury iv1,reu
yEhDlor OF NOT GUILTY.
AZ 10 minutes past y o'clock It was wilis-
Pereu aroun ~ lnas lne July were coinl Ilg
uoWn, alu tno or1 NM qulokIy rusheu mo
ane e s'us u. ee niinutes n'1er tne
Jury lieu IN ahu me prisoner Nus. lor the
iast tiine, carrleu 70 tne uoek. Inc lurymeh
snt "a tnoir poA, quiet anu linpassiVe. tneir
isces glving no eyluonce Oh the determlha-
uon tney hAu arrlveu Ut.
N lew min9bes mn; blru ana senator
fray htrlNou, ioIoWou " iaieys Whe.
Intense excitement preValled throughout
the room, anu Onlel Jusllce Conegys
warmed the auolence NOT 70 indulge IN any
aemonstfations upon me announcement OF
tne Veruict-
Inc pfisoner' paie anu weak, recliheu IN
ms enair' WITH patoa breath awaiting the
verdict. OlerK cochran pronounced the
usual inlerrogatorles ana AFTER tue query,
20 you md Isaac >. Ialley, the prisoner
az the par, guilty. IN manner ana FORM as ne
stands indieted or not guilty, there was a
GREATNESS husn Of expectancy.
SLOWLY and deloerltely FOREMAN Carpen-
ter arose, and In loud, firm tones, spoke
only TWO words;
NOT GUILTY:
Despite the warning OF the court the
audience broke into a storm OF applause.
me prisoners counsel shook hands with