The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1893-01-10

+ Icut Since this affair many things hay
come back to me that had been forgotten.
9 Warner then told of his movement
. from that time until his arrest, remem
bering many little details. forgetting
t others. did you tell Mrs. Powell yol
} would have to swing for it if you hac
, killed Lizzie, and you replied you did no
care d-?" asked Mr.. Hendrickson
} mo. sir" was the reply. Were YOU
feelings of satisfaction or of sorrow :" q
felt sorry for the deed. and if / could
have seen her the day she was buried,
would have given my life for her. I had
told thought had killed Lizzie because
l saw her lying in the road. but the first
knew she was dead was on Sunday morn
ing. at the corner of Washington and
King streets Then gave myself up to
Constable Brown"
NOW. Wesley" said Mr.. Hendrickson,
did you lie down near the Peak house
with the idea of killing Lizzie Peak p
"No, sir" was the answer, Il had no in
tention of harming anybody just laid
down and was not aroused until heard
voices.
II told Durand and Kellock," continued
Warner, that l would get square with
those fellows who attacked me at the
Fair, but never threatened to kill Lizzie,
nor did l shake my fist in Lizzie's face
whey talking to her" The suit of cloth
ing which Wesley wore on the night of
the murder was produced. On the vest
he showed what appeared to be three
cuts. He also barred his left side, show
ing marks of cuts.
Mr.. Budd then cross-examined. What
did you mean when you told Lizzie there
might be trouble with your wife if she
went to the Fair ?" he asked. Just what
said," answered Warner. "You had
lived with Lizzie two years. hadn't you
and you hadn't any trouble from your
wife, had you ~ mo" "Well, why did
you expect any trouble at this time ~
"Well, l thought it might revive talk
among people who knew we were living
together" Were you ashamed of your
relations ?' ooh, no." The Prosecutor
then questioned the witness to get him to
show that he had other reasons for wish
ing Lizzie to keep away from the Fair,
and then branched off into Llzzie's con-
ditlon at the Fair, when Warner said she
came to his stand drunk. "The shock
was SO great it unnerved me" said War
ner, land could not wait upon custo-
mers." did you give them what they
asked for ?" said Mr.. Budd." IT guess
So" was the reply. II knew where
was going and what was after when l
went to Wells beer saloon" was the an
swer to question asked for the purpose
of showing that the unnerving process
had not yet affected the prisoners MIND
to such an extent but that he knew OF his
actions. The scene in the bed room on
Thursday evening was dwelt upon, Wes-
ley emphatically denying calling Lizzie
vile names or shaking his fist at Ter. At
ter several questions by the Prosecutor
with the idea of testing the memory of
witness, Mr. Budd said Did you see
| Mrs. Peak hide knife ?" IT did mo-"
said witness. ibid you take knife with
you when you left the house9" "Yes,
SIR" as that the knife ?" asked the
Prosecutor, showing the knife. ut is, .
said Warner, and then quickly added,
that's the knife that was on the table,
| but / can't say it is the knife took. "
"Why did you take it ?" ITO protect
MYSELF Then" said Mr.. Budd, ''you
expected to be attacked, did your War
ner quickly answered; Il don't know
that did" Warner then described with
great minuteness the manner in which he
placed the knife in his pocket. handle
down, blade up and his coat over it. Then
Mr.. Budd quickly asked, did you, with
/ this knife, stab Lizzie Peak ?" 81 don't
know whether l did or not"
Amos c. Oatman, witness for defence,
was not present, and Mr.. Hendrickson
said he would like very much to have
him present, but the Court said there
must not be any delay.
Both sides then rested and the jury
was told to retire while counsel arranged
for argument.
The Court said there did not seem to
be any denial Of fact that generally need
ed argument. The only thing that need
ed any discussion was the mental condi-
ton of the prisoner.
| Mr.. Hendrickson thought there should
be considerable said on the. intoxlcation
theory.
Judge Garrison agreed on this point
and said he would 90 further. He would
outline his charge on that theory, and
would instruct the jury exactly as coun-
sci had asked in opening. Having re-
duced the question to one of degree only,
Int was impossible for the Court to see
why it should require such length OF
time for argument, He would allow two
and-a-half hours to side,
Court then adjourned for the day.
On Wednesday the case was summed
up by Charles K. Chambers and Charles
E. Hendrickson for the defence, and Eek
ard P. Budd for the state. They occu-
pied the time until $50, when Judge Gar
rison delivered the following charge:
Gentlemen Of the Jury The prisoner at the
bar stands charged with the crime OF murder
/ Your verdict, under the law OF THIS state, VIII
not only settle the guilt or innocence OF the
defendant, but Will, If you shall nnd him
/ guilty, also designate whether he is guilty OF
murder OF the first degree or of murder OF the
1 second degree. What constitutes murder and
what determines the degrees OF murder are
matters of law. The law applicable 60 this IN
dictment Is contained in one OF the statutes Oh
this state, which will read.
ssIf any person in committing any unlawful
act against the peace Of this state, o. whlcn
The probable consequence may be Dloodshed
1 shall kill another, then such person 30 killing
on conviction, shall be adjudged to be guilty
You will observe that q person is guilty OF
murder If they commit an unlawful acts the
probable consequence OF which Is snedolne
blood. The section OF the statute wnicn deter
mines the degrees of murder. in so tar as 1t L
lappiicable to this Indictment Will also read
"Ail murder which shall be perpetrated by
mems of poison. or byiyine in wait, OF by any
other kind OF wilful, deliberate and premed
itated killing. shall be deemed murder OF the
Now, taking these statutes together. It il
Your duty to determine whether Wesley War
ner, when he stabbed Lizzie Peak, DID an IN
whether the probable consequence of that acl
would be bloodshed whether the prisoner was
mentally capable of knowing that the prob
able consequence of stabbfng Lizzie Peak
with the knife that he held would be TO Kill
her, and whether at the time that he inflicted
this wound on her he was mentally capable o.
forming and had formed wilful, deliberate
and premeditated purpose TO do the act know
ing that the probable consequence OF 50 doing
|, You win have no difficulty In deciding
whether the prisoners blow was lawless one
the probable consequence OF wmSn Wou ia. q
| or the defendant was capable OF foreseetng the
probable consequence OF his ACT ana OF con con