Telegram-herald., 1890-09-03
POLICE AND COURT.

Tbs pe<ll lrainAsy ss&ses of the tr.A3 of
ge,bn Ds N4an fog the muraer 81 cars
ksckliag are no9 competed. Assler-
aax afternoon, ne ASaa wss held 3
tbe nexs tern. of the SopsT0r Court
ia tic charge cf n.afaeg n The -
degree.
MheD the case wss esllea. YESTERDAY,
tae respondents s2t beside 1.s attorney,
SshrAnt NeSsslius. uss f&ce wore aore
81 a expression Of Fauoasl anxiety
thsn has been seen upon Il s'noe MS
arrest. He watched every move made
ana listened 70 every Nold seia NIL
= paiulully intense lateres.. Al tfe
proper nlotnent Mr.. NesSehGs rose a1d
announced that further examination
would he waived, and stated that ee
supposed the only question now for tae
court 10 determine was tae charge apou
which EAe respondent should bs held.
After stating that the set e waiTtne
examination whea Only pa4to of tne (. e.
tm0nv had been pax n, msae 6 so.4s-
What doubtful whether or uot respallt
ent could he held properly on less
charge than tAat oi murder, the court
finally decided 10 hear argument uaoa
that polnt.
Ia opening bis argument Mr. Wesse-
Illus stated his conviction ttat DeMana
opghi not 70 b. held for ui4l for any
crime higher than mans.2ugnsef There
were two principal reasons for thls po-
slton. First, u0 ono hal seea tht k.li-
lEg of the dcc6 aaod and, secondly,
there had been no teud IA troahie bee
tween the two men. '-tu ot1cl words,
no motive, no criminal intent. or nst
be Neug there for tie purpose % anJuf-
ing Ricklng had been even attempted
70 be shown by The prosecution. Tie
real question =, whether lp the assault
that w1s made upon him he had de-
Tended himself wltn more force than
was Necessary"
In reply, Mr.. stuart sad: II had no
thought but that the sponcen. oDehl
10 be held for murder pa the nrst de-
gree. To bold Inn Cn tins charge
would put The matter wholly before tie
Jury IA ali is bearings; whereas, II The
jury are limited they may discover llat
he is guilty Of more than he is charged
with, and II 80. they are pOwerless 10
90 beyond certain point.
As 10 the point that 10 one saw the
respondent k.ll the man, 4 DO not
suppose there is anF serious doubt IA
any mind that DeMann Is he who did
the stabbng. AGAIN, u Is urged that
there was DO motive. ! do not appre-
hend that is necessary ln all cases 20
show that 10 the extent mere assumed.
They who were carrying on the dance
had the right TO use what force was
necessary 10 put the cspondent OF the
premises. The taking OF the coat
shows there was great delloeranon, aud
the theory OF THIS prosecution j. that
at the moment he took of hls coat he
took out his knife with the intention
OF attacking with 1t anybody who
might assall him. He was pre-
pared TO fight IN this way 10
a finish. And when a man takes ont 4
knife with the intention OF striking with
1t, II is with the intention OF commit
ting murder" In answer 10 a ques-
ton OF the court, Mr.. Stewart stated
that he though the distinction between
murder IL the first and second degrees.
was a matter OF the nature or extent
of the dehberation. Hence. Mr.. Stu
art thought the respondent ought to be
held for murder IN the first degree, SO
that the jury be not hampered in
determining the point IN the case.
Mr.. Wesselius agreed that the duty OF
the court was PLAIN 10 hold the respon-
dent to no greater charge than that
supported by the testimony.
The court here stated frankly, after
reading the statutory definition, that
DeMann could not be held for murder
in the first degree, for that crime ln-
wolves lying IN wait, and such de-
gree of premed;tatlon as TO make the
motive TO Kill beyond a doubt. The
only question which the court had to
decide was whether respondent should
be held for murder IN the second de-
gree, or for manslaughter.
Mr.. Wesselius here read the statutory
definition OF manslaughter. and argued
with great force and cogency that there
was such a degree o. provOoation on
DeMann's part that, even II be did the
cutting. the violence OF has self defense
amounted only 10 manslaughter.
Mr.. Stuart combatted tins position
with the endeayor TO shorten the time
that it is necessary TOR a human mind
TO entertain the notion OF killing IN
order TO constitute premeditatOu. He
insisted that there are circumstances
under which a pIcmeditatod design
might be conceived and hsrbored in a
very short time, and that TINS was a
case OF that kind:
The court then sad:
There Is one point that weighs q
good deal in my mind. and that y that
the degree OF malice afich may have
existed has not appeared here IA the
testimony. bat is still within his own
breast. That not being now as clear 8s
some other points, think TIE respond
ent should be held for murder n the
second degree" The defendant was
accordingly held IN bail II 5000, 20
the next term of the superior court,
winch begins on Monday next
Notes.
The case of John Wood. the assa1ant
of Wm Oppeit, vas ADJOURNED - Sep.