The Wilmingtonian., 1888-02-18
Murder in the Second Degree.


The trial of Franklin e. Johpso1, colored
for the Murder of George H. Williams, col
ored. was concluded on Tuesday last by
ve,diet of murder in the second degr 9, the
pen ,lty for which is imprisonment for life.
Although the defen 3 were without witnes-
les aud the killing was unquestioned yet the
y.rdict was disappointment iu as much as
it was generally conceded that MIR. Conrans
m ,st.rly argument radically eviscerated the
act OF homicide flom every indlcatlo' OF
malice.
Mr Conrad in addressing the jury said;"
this case the killing by the prisoner must ne
admitted. There was no do BIT thst Frank-
liz, e. johnson struck the fatal blow that
eud, d the life of George FL. Williams out
that hs did it with mal1e aforethought, el-
ther express or implied, the deiense denled.
He he'd that the woman in this case, Mary
Nukes, was the ''apple of discord' that
caused the trouble between thee TWO men
Reviewing the testimony of the Stats Mr.
Cmrad held that it was entirely reasonable
TO suppnse that something more had hap
pensd, than was told from tbe witness stauo
IL dia nos seem creuItanie that after VIII
Iiams had been in the house two hours say
ing scarcely a word, the prisoner should
have suddenly struck the fatal blow On
the contrary, it was reasonable to be ieve
that there was a quarrel and that Williams
made threat, or possibly dew pistol, be-
fore johnson took the club and struck him.
II Williams lad merely dropped in the
house &c ilentaly, on his way to Joshua
Clayton's it would not have been necessary
for him to 90 armed with revolver and to
take n heavy club along. On the contrary
the visit of Williams, under these ciicum-
stances, to the house which was Johnson's
home, aud legally his castle was menace,
and allo we'd room for reasonable presump-
tion that the fatal aifray was the result of q
quarrel precipitated by the deceased. MIR.
Conrad argued strenously to prove the entire
absence of malice in the whole trausao tion,
as during the entire time there was nothing
to show tha5 the prisoner had the slightest
animnsity against George Williams On
these grounds. he asked the jury to render a
verdict of gu lty of manslaughter only"
1t oc surs to the laity that the aims of ju'-
tice would be equally we'll subsnrved were
the jurisprudence of this state SO modified
as to admit the unsealing of the lips of hin
who is arraigned for a capital offense.
In the case of Johnson those in the i'm
mediate neighborhood of the murder we e
evidently committed to the interests of the
one slain and it is presumabie that the testi
mony was not in the least colored to the ad
vantage Of, Johnson--cut by statutatory enao
ment Johuson's lips were Theoretically sealed
Johuson's explanation of Williamss NUT
tering threats and upquestionably his frs
efforts towards violence might have mater
tally changed the aspects of this case an,
thus have lessened tie erormity of the OF
fense.
In many States the old English law q
closing tie lips Of those capitaly accused
having been deemed a relic Of the dark ages
has been swept from the statue books. A
no State should nnseemiy thirst for blood i
does appear that when man is place
on trial for his life that he should be give
the fullest and freest opportunity to expla
his every relation to the crime with whiC
he is alleged to have been connected.
HIarIInIn M nHunara