Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-04-07

When the court met at o'clock Mr. Wilson
began at once his address to the jury. He stated
that he was afflicted with the prevailing malady
| and knew he would have the sympathy of at
least two Of the jurors. when it was known that
he had to undertake the task OF reviewing this
whole case. There would, he said. be no diff
| ferences of opinion between the District and
himself or between the court and himself
as to the law involved in the case. Murder WAS
| the unlawful killing of a human being by per-
| son of sound mind with premeditated malice
That was what the prosecution said this
case was. To make a case of murder it must
be proved that the person accused made
up his mind to commit the crime 1t must be
shown that the accused meditated upon taking
the life of the party and then proceeded to
carry his determination into effect The pros
| ecution had asked certain instructions in refer
ence to manslaughter and from that he inferred
| that in the closing argument of the prosecution
something would be said on that subject
Manslaughter was where one person killed
another on a sudden heat or quarrel. or where
one engaged in an unlawful act kills another.
But all killing was not murder yet man
slaughter.
UNSUITABLE HOMICIDE.
He referred to Mr.. Clagett's having empha-
sized the fact that this shooting occurred on
the marble steps of the Capitol of the nation.
The law was no respecter of persons or places
There was another principle OF law, that of self
defense. There was killing known in the law
as justifiable homicide, and it made
no difference where it occurred. 1t
might be on the marble stairs of the Capitol:
it might be in the halls of legislation; it might
be in the sanctuary; it might be at the very foot
Of the cross. Where one man was assailed by
another in such way as to raise in his mind
a reasonable apprehension of bodily harm the
man so assailed may strike his assailant to death
and the law said such killing was justified.
NH he
occurred the case turned only on the questions
of fact, whether Taulbee assaulted Kincaid and
whether Kincaid had reasonable grounds 10
fear great bodily harm. If that was SO Kincaid
then referred TO the principle of law that guilt
must be proved beyond reasonable doubt;
every material link in the chain must be estab-
lished beyond q reasonable doubt
DID TAULBEE ASSAULT KINcAID?
Mr.. Wilson said the first important question
to consider was whether Taulbee assaulted Kin
caid; then, if Taulbee did assault Kincaid, did
KiDcaid have reasonable ground to fear great
bodily harm. He would address himself first to
the question whether Taulbee assaulted Kincaid.
An assault in the contemplation of the law was
an attempt or offer to assail another. 1t was
not necessary that o person should show that
Taulbee touched Kincaid. All it was necessary
to show was that Taulbee made a demonstra-
ton; approached Kincaid in Q threatening man
the defendant was pursuing Taulbee. This, Mr..
Wilson said, he denied. He would demonstrate to
the Jury that Kincaid was not lying in wait for
Tauibee, that he did not know where Taulbee
was and had no expectation Of meeting Taul-
bee on the stairway. Kincaid was engaged at
his work in newspaper work. The jury knew
what that meant in this day. The newspapers
never allowed their correspondents to get be-
hind in the news. A man was bound to be at
his post or lose his place.
Kinoaid was there where he had Q right to
be; where his business called him to be. Tsul-
bee was there, too, and had right to be, but
no more right than Kincaid had. Taulbee had
been member Of Congress and had the privi-
lege OF the hoor-a fact which he would show
later on vas significant in this case.
Whenever they could explain an oct ON limo
cent grounds, or attribute It q readily TO an In
nocent motive - to . wrong one, they were
bound to do it. because Kincaid ives there the
prosecution would have the Jury believe thaths
was there for the purpose Of shooting Taulbee.
They could draw no such inference IRON the
evidence.
TIE DooRxxEPx1s' TESTIMONY.
Referring TO the tesamony Of Woodbridge
end Mccormick, the doorkespers ct the east
! Aoov NJ Wilaor aid x1.exS -,