Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-04-08

Mr.. Cole continued his address after the
usual noon recess He analysed and discussed
Kincaid's evidence and insisted that according
to Kincaid's own statements made on cross
examination he WIS at least guilty Of man
slaughter. for he said Kincaid stated sub.tan-
tally that he provoked Taulbee to assault him
and then shot him. He did not think kincaid
story reasonable one when compared with
the statements OF other witnesses.
srILLMAS's TESTIMONY CONSIDERED.
Mr.. Cole gave considerable attention 10 the
testimony of stllman, who, he said. gave the
most important testimony for the defense. AZ
his testimony was to be believed. He argued
that Mr.. Stillman contradicted himself and
that his statements bore in themselves evidence
of their unrelinbility
Stillman's evidence. he claimed was entitled
to no weight. and that being out Of the case
there was nothing TO rebut the impregnAble
testimony Of the government.
Mr.. Cole commented on the fact that Kim
caid had never complained 20 any court OF
magistrate that Taulbee had threatened him
and he was in fear for his life. Reading the
instruction Of the judge on the subject Of man.
slaughter Mr.. Cole said he asked for this in
struction.
His own view that the case was murder
The jury might take a different view; that the
act was unDremeditatcd. Then the case
one Of granddaughter. But in any view they
crime-of murder or manslaughter.
The question Of sympathy for kincaid or for
his friends had no place in the jury box. They
had only to report to the court what they found
the fact to be. The life or the liberty Of Elm
cad was committed to the laws of the country.
He said il there was to be forgiveness that il
rested with the President.
Mr.. Wilson noted exception 20 what was
said about the pardoning power Of the Presi-
dent, SAYING that was an error condemned by
ali practice.
MIR. Cole said the defense were entitled to the
exception.
Mr.. Cole finished at ten minutes to 8 O'CLOCK
JUDGE BRADLEYs CHARGE
Judge Bradley began his charge to the jury
at 2:55 clock.
He said the duty the jury was called upon 10
perform Was not a pleasant one. They had
to determine questions involving the life
or the liberty of fellow citizen. lie recited the
charges against kincaid set forth by the an
dictment The result Of their consideration
might be one Of three-that tho
homicide was murder, or that il
was granddaughter, they might
self-defense, in which case the verdict should
be mot guilty"
The judge defined murder and manslaughter
as known to the law, the important dis
tinction being that in murder malice
n,oreinorgns was present, ., while in
inferred from the fact that one arms himself
and lies in wait for his adversary
The inference must be drawn faom all the
circumstances in the case. The fact Was con-
ceded that the defendant fred the fatal shot.
The defense insisted upon was that
the homicide excusable on the
ground OF eelf-defense. The defense
If the jury considered il made out would be
complete against the charge either Of murder
or manslaughter.
The judge reviewed the facts as testified TO
relative to the Misunderstanding be-
tween Taulbee and kincaid and the
threats and assaults of Taulbee and other
facts proved and recited the circumstances u
the shooting, as detailed by the defendant and
then dicussed the theory of the prosecution
Z. THE JURY OUT.