The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1892-01-25
JAMES cARR,s TRIAL.
Biggs and Hayes Argue Closely Con
tested Cause.


tested Cause.
States Attorney Biggs read the In
dlctment and cited the law to the ef-
feet that any person who shall aid,
abet, procure and counsel shall be
deemed an accomplish with same pun
ishment as the principal. He argued
that IL was immaterlal whether Long
held tho death-dealing beer glass and
Carr was present aiding and abettlng
or Vice versa. The accomplish must
be punished equally with the principal.
He laid the distinction between the
first and second degrees.
IL the principal escape by flight
those present who aided and abetted
can he indicted as principal was also
point in the citations. He cited law
bearing on medical treatment, or its
neglect, as bearing upon result of
death, subsequent to an inflicted
wound. He who sets In motion the
conduct that subsequently results in
death is as guilty as ii the death was
instantaneous.
Mr. BigEs closed the legal depart
ment, and Deputy States Attorney
\ Davis began the evidence department
OF the prosecution's opening address
at IL o'clock. The States Attorney
! addressed the court, and his deputy
tho jury.
Mr.. Davis recifed the whole history
as already published in the evidence
He held II made no difference whether
Long or Carr struck tho deadly blows,
because IL Carr was an accomplish the
penalty of tho law was tho same.
There was no such drunkenness MS
constitutes defence. Carrs drunk
enness was an aggravation of his
crime, ...=..
At l1.35 n. m. Walter II. Hayes Esq,
counsel for the prisoner, spoke to the
effect that there was no dispute as To
the fact that Long struck the fatal
blows. He then made numerous citI-
tons or law beaiipE upon tho degree
of the murder. In all murder there
must he malice aforethouGht.
MIR. hayes cited the Graham murder
trial, where Attorney General Biggs
had argued that beer glass was not q
deadly weapon. -". .-
Both agreed with the court that il was
question for the jury. He cited {
case whore IL the weapon used wa,
such as is not usually usad to Kill
there must be no doubt of the deadly
intent.
To 10 murder there must DO express
malice aforethought, which the prose
cutorB have not proved. Presence ant
participation must he proved. The
question rs to the degree and effect o
the drunkenness Is left to the Jury b,
} the practice in this State as shown In
, cited decision of Chief Justice Gilpln
! The jury must ba satisfied beyond
/ reasonable doubt that the death re
suited from the blows struck tia
! night, lie also read the law OF nun
! slaughter. The weapon used in thi
: case was not deadly weapon, sucl
as from the use OF which express NAL
ice can he implied.
Mr. Hayes began his address to TIL,
jury at 1870 p. III. lie reviewed Til,
: whole evidence.
! Some OF the ideas of his argument
were to tho following effect:
Houser said, "iut possibly I hav
! made some mistake in reference t,
i Identifying the prisoner as to strikin
: the blow" and on that point he is con
! tracted by o hBr witnesses Twice Il
i his testimony, HOuSer feared he hl,
u been mistaken and he is cOntradicte,
y all tho way through by the States ow
l witnesses.
According to the mistaken House
! the iloor flowed with blood, hut Spark
and Golden saw only a Few drips
, llouser said when Dreco and Celcrn
= got OUT Long ana Dullen ulsnppeare
u and were not afterward seen there. /
= this lie is contradicted by the othe
! Witnesses
4 Other contradictions were recited
. Basso was able to walk out and TO &
= to fa'resi's ut $40 Orange street. Nett
!, er he nor patresi thought him niue
J hurt. Didn't think il necessary TO ca
= a doctor. The next morning Pauei
II simply got him something TO rcIuDv
= tho iiscotorution. II was week ate
tile affair that they called doctor.
3 According To the witnesses ther
q werc three different persons wi
q struck Basso. lloHser said it WI
d Carr. Sparks said it was Long an
> Celerno said it was the bartender. Nj
Hayes WAS in the midst OF his dista
II sion of Tho wounds the strikers an
o the do tors ut 0 clock when the cou
l. adjourned until 2.3O.