Bridgeton pioneer. (Bridgeton, N.J.) 1884-1919, 1890-10-23
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found many flaws in certain evidence
given by the defense, and lai bare
what he considered the inconsistencies
OF the testimony. He took up proba-
o1lities. and the inferences drawn must,
have made its effects upon the min0s
OF the jury. The improbabilities OF
the story given by Pierce was consid-
cred at length, and concisely, toc.
Every movement of the defendant, be-
fore and after the affray, until the
arrest, was taken up and dwelled upon
considerably. The duty of the jury
men he made clear, and in that same.
cool, self-possessed manner that he
opened, he left the case with the men
who must decide it.
Judge Hoagland then began his
charge, said that the insiuuation.
made by the counsel, in his opening
referring to political prejudices, we're
untrue, unjust and unfair Man
slaughter. the judge said, was the.
killing OF human being without pre-
meditated malice. He gave the va ious.
grades OF law of manslaughter. When
a man kills another in self defpnse. it
is excusable, when the self defense is
shown.
In cases of this kind the jury must
be satisfied that the killing actually
took place, that the victim died from
the effects of the blow; that the de-
fendant inflicted the blow All this
has been proved and admitted. This
narrows the case down to two points.
One is that there was no criminal in
tent. By this it is not meant that the
defendant did not kill the deceased,
but there was no criminal intent to do
SO.
AS to the other point self defense.
Self defence is natural right. You
must keep away from danger if possi-
bic. But you have a right to defend
yourself to such an extent as to kill
your assailant if necessary. But you
have no right to follow up such an as-
sault. Nowit is shown thar Pierce was
struck with stone. Then the boys
ran. Now if you believe, these boys
were running away from him as has
been sworn to by both defense and
prosecution, you must judge whether
or not the defendant was acting in self
defense when he followed them up and
struck the blow. Then if the defend
ant was so shocked or dazed that he
did not have his faculties when the
fatal blow was struck, thenthe defend
ant must be acquitted. The defend
ant is entitled to the benefit of the tes-
timony of his good character, and he
is entitled to the benefit of every
reasonable doubt for every defense
which he sets up. He s entitled to
the benefit of the doub5 iu every case.
With this charge the jury went out
for deliberation in the hands of Con-
stable Creeeh.
FRIDAY AFTERNOON.
An alleged fondness for watermelon,
upon the part of Wesley Charles and
four small boys, engaged the attention
of the Court at the opening of the
afternoon session. The defendants
surrounded their counsel, ]. L. Van
Syckle, and the little fellows especially,
seemed to take a keen interest in the
proceedings. After the Jury had
been empanelled and sworn, the
Prosecutor opened the case, and
James N. Holten, a trucker, who has q
farm in Back Neck, was sworn.
His story was that he raised q SUI
perior kind of melon on his farm, and
on the day. in August, when the
melons were stolen, he saw Weslye
Charles and four boys in a market
wagon driving down the road toward
his melon patch. About half-past one
o'clock the witness was going home
from station, and met the same boys,
in the same wagon, and the springs
appeared as If the wagon was heavily
loaded. Hay covered the load except
ing one melon. Mr.. Holten then went
Immediately to his melon patch and
discovered there were about twenty
five melons gone. 1t was easily dis
tinguishable, owing to the fact that it
had been raining, and tracks of boys
and wagon were plainly discernable.
The witness put value of from 20 to,
so cents apiece upon his melons. He,
described the wagon and horse.
After taking the oa-h Henry Rocap.
assumed the position of witness and
told the jury that he lived about q,
mile and half from Bridgeton on the
Fairton road. On the day in question
he saw Wesley Charles in q wagon.
driving horse OF the description
given by Mr.. Holten He san one
melon and le.- Is ,a,e b.v in ,ha
wagon. The horse pulled as if RI. "a
was load behind. eW