The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1892-11-05
GIVEN TO THE JURY.
Closing Proceedings in the oele-
brated Case.
TEXT OF JUDGE PoRTERs CHARGE.

He Says Surgeon Grimm Must be
Acquitted-A Civil Suit for Dam
ages viii Follow, No Matter What
the Verdict.
PITTsBURG, Oct. 5.-On converting Of
court yesterday morning Senator Rob
bins began the closing address to the
jury for the defense. His arguments
were upon the enormity Of the offense
of Private Iams; the absence of cruelty
in the punishment inflicted and the alb
sence of malice. In his analysis Of the
testimony of Private Iams, the latter
was scored numerically. The address
was remarkable for its force and clear
ness.
\ Attorney Frank P. Iams followed with
an argument for the prosecution. He
reviewed at length the terrible punish
ment inflicted, comparing the rope with
the thumb screw and other implements
of torture used in past ages. AT the con-
iclusion of Mr.. Iams' address to the jury
Judge Porter asked the prosecution if 1t
had any further evidence by which they
'lcould directly connect Colonel Hawkins
with the punishment of lams. The
prosecution had nothing further to offer.
| Judge Porter then began his charge to
the jury by saying that malice means a
reckless disregard of the rights of an
Iother, aud need not be proven in sim
3, pie assault and 'oattery. 'If the jury be-
, lieve," said he, "that j. B. r. Streator
land Colonel Hawkins, in shaving the
head of the prosecutor and afterward
drumming him out of camp were acting
) in pursuance of orders issued by snpe-
+, rior officer, they are not guilty of as
asult, and your verdict mnst be one OF not
Z guilty. The verdict in all the cases
against Surgeon w. S. Grimm must he
scquittal. The claim set up by the
e counsel for Colonel A. l.. Hawkins that
he acted entirely in accordance with or
ders from a superior officer Is affirmed
/. The claims that Colonel A, L. Hawkins
cannot be convicted because he hat
nothing to do with the punishment O
y lams except to report the case 10 his su
perior officer is refused. There is n
g evidence to show that General Snowdel
I ordered the prisoner hung up by tn.
thumbs. You must acquit Colonel Haw
kins on all charges unless you think !
|, has been shown beyond n reasonable
- doubt that he aided and allotted in tn
IS assault upon the prosecutor
" Next Judge Porter defined the law a
. it applies to assault and battery. Clos
e. ing the charge to the jury with the re
10 mark: "If you are not satisfied beyon
10 a reasonable doubt that defendants wer
r, actuated by other than the highes
A. motives in their efforts as military con
IL mand6rs engaged in actual war to main
tain discipline it would not be fair t
,ie convict them of the crime charged
w. L. Iams, the private prosecutor i
the cases against Colonel Hawkins, Lief
y teuknt Colonel Streatur and Surgeo
=, Grimm, today said whether the jury
= the present case found the defendant
guilty or not he would bring suit +,
IT, damages
To- AT midnight the jury was still out an
Ii there is no prospect of an agreement b
'le ing reached. Judge Porter left for h
home early in the evening.
rs, County Physician lszard next told {
the finding Of the body, and as he bega
| to narrate the examination of Lingo
Im clothing, and how he had taken Il
prisoners undershirt because it had spo
on it that resembled blood, court a.
journed for the day.