The World. [volume] (Martinsburg, W. Va.) 1891-1896, 1893-02-04


have right 10 believe that the willfnl-
ness and corruptness existed. .'The
Court instincts the Jury that an oath
is willfnll when taken with delibera-
tom Why, certainly, gentlemen, il
Is wilsful when taken with delibera-
ton. ] say il this man under the
burden Of heated ross-examination
if in the confusion Of the moment or
any excitement Of the event, he testi.
fed by mistake, why Of course the
Court nor this Jury nor any other per-
sons within Christendom have right
70 find him guilty, therefore the Court
iustructs the Jury that an oath is will
full when taken in elaboration, and
not under confusion, that is, II there
was a bona6de mistake as to the
facts this man testified to. Gentle
men, what you see with your eyes
forty feet off you generally know
whether il is fact or not. When
You hear thing, Gentlemen Of the
J ~, forty five feet of, and you
know ] asked him that question parti-
cularly, and he said Mr.. Evans spoke
spoke in rather loud tone. When
you hear thing and are satisfied Of
it and 60 into the Court and swear on
boaaide belief that that thing did not
occur, then there is no ground there
for mistake. "The Courtinstructs the
Jury that they must believe from the
evidence that the testimony given by
the defendant was known to be by
him false before they can find him
guilty as charged in the indictment. y
Gentlemen Of the Jury, the question
Of knowledge in criminal law Is a ques
ton that requires close application, il
requires the keenest examination
whether prisoner knows or is cog
infant of what he does You take d
pistol loaded with bali and powder and,
you stand within tve feet Of a man
cognizant Of that fact, and deliberate.
" fire At him q ball which strikes him
in the throes Of death. The law re-.
quires under an instruction like this
that the man who fred that revolver
should know that this murder occur
red. The law presnmes that the ma
tural result of an act is what was In.
tended You stab me with knife
aud die, and You come into Couri
and say you stabbed me, but you die
not know yon were going to kill me
The law presumes that You intended
to do the natural consequence Of you
act. That is all that there Is in thes,
instructions. want to call your at
tention very closely to some thing
which are liable to occur in this case
The tendrils Of sympathy that are sup
posed to cluster around every human
heart are to be vibrated by mercy b.
the gentlemen who represent the de
Tense. All that is tender in your ma
ture IS to be called up before you ii
order to evoke a verdict Of not guilty
at your hands. II is three act come
dy. Ny young friend will allude i
the confinement in the Jail and al
that; he will follow thatboy and by hi
usual sympathetic appeals to this Jur,
to aquit this man whether lie Is guilt,
or moi, because public clamor demands
and then probably no will take hi
seat, and my distinguished friend, Mr.
Clifford, will rise to his place and point
ing to Mr.. Edward Murphey he vii
touch the button and the tears viii
course down the prisoners cheek mocl
sympathy II is all a nice, eonclu
siyely laid scheme, nice and evenl,
divided line Of defense BY which they
will appeal to yonr sympathy ans
kindness Of heart; then this man is /,
walk out Of this Court Of Justice in th,
face Of threat made that he viii stay
in the town Of Martinsburg, for reveng,
and that he would kill some one be
fore he got out Of it. Now give hin
49,
your sympathy, give him all he il en-
titled to, but bear this fact in you
mind and ponder over it that wher
Berkeley County selects her jurors sh,
does not bring them in this Court room
that their sympathies might be work
ed on.
A juror should not know such q
thing as sympathy unless the condition
under which it properly arises hal
been produced in the evidence before
them. think these remarks are suf
ticent in Opening this case and shall
wait patiently and listen attentiyely
to the remarks Of the defendants
counsel and then probably, Gentlemen
Of the Jury, ! shall ask your indul
gence for five Or ten minutes longer Il
see whether their bones are worth
picking.
Address to the Jury by f. Vernon
Aler, Esq, Counsel for Defendent.
You have been impanneled ina cause