The herald., 1894-12-15
JUSTICE TEMPERED WITH MERCY
A Verdict of Manslaughter in
the AshwOrth Case.
An Attorneys Hardness Delays
Proceedings.
A ttorney wooiner OIted to Appear for
Contempt OF Court, but Rrdeems
Himsoif In His Ar
gument.

Each succeeding day some new devel-
opment in the Ashworth murder case
has spurred the interest OF the public.
The vsgaries of defending counsel have
been, throughout, bordering on the
phenomenal. and yesterday was no ex-
ception to what had become an estab-
lished rule.
After preliminary matters had been
disposed OF by Judge Smith, yesterday.
and the jury in the Ashworth case
called. it developed that Mr.. Woolner
was absent. The telephone wires were
kept hot for several minutes. but ne
could not be found. Mr.. McAllister, the
court reporter. stated that Mr.. Woolner
had been in his Office the evening pre-.
vious. until 8 O'Clock, going over the tes.
timony in the case, and had announced
his intention OF relying upon the trans.
cription of certain evidence, rather than
go down to Wilmington and take Mrs.
Osborne's deposition.
Mr.. Gage facstiously suggested that q
bench warrant Issue for his arrest.
Rather curiously while the court was
waiting, patiently awaiting, the arrival
of the counsel, Mr.. Bledsoe. late of
counsel for the defense. came into
court and occu pied the seat generally
filled by Mr.. Woolner. Such profana-
tion could not be endured, and, ON the
instant. Mr.. Woolner came rushing into
the court room, nearly three. q uartere OF
an hour late. He was profuse in
apology for the delay caused and the
excuse. so hoary with age that it has
hirsute appendages, about the variation
of time pieces. was offered to the court.
Judge Smith was peremptory. "You
will appear tomorrow morning, Mr..
Woolner," he said, Ito show cause why
you should not be fined for contempt Of
court. Pm not going to have any such
work here" Unabashed, the attorney
acquiesced and the trial of the case was
resumed.
AS on the day previous, the court
room was crowded with spectators. VIM.
Carson, uncle of deceased and wealthy
land owner at Wilmington; Mrs. Manuel
Watson, widow Of deceased, and other
ladies of the family remained in the
court room throughout the day and list
ened to the arguments of council.
Mr.. Gage reminded the court that the
jury had desired to examine the wagon
driven by defendant, and intimated that
it was close at hand for inspection.
Judge Smith had apparently changed
his mind, for, although he had ordered
Patricio Watson to bring the wagon Ito
town, he intimated that while the stat-
ute provided for jury examining a
house or premises OF any kind il said
nothing about examining piece OF per.
sonal property. For that reason he re-
fused to permit the jury to examine the
wagon.
The prosecution sought by recalling
the witness Pearson to cast some light
upoa the question of the noosed rope
found in Ashworth's wagon, and which
ton, to show belonged to Manuel
Watson.
The court sustained the objection OF
the defense relative to the introduction
OF any such testimony, and the evidence
in rebuttal closed.
Both sides having rested their case
the court informed counsel tina. argu.
ments must close not later than 80.
The defense were willing to submit the
case to the jury without argument, but
the prosecution thought, as the case
wac, in some respects. of complex
character, seme argument ought to be
made.
District Attorney Conklin opened for
the prosecution and occupied one hour
in his address to the jury. He reviewed
the testimony very briefly, but covered
the case very fully.
Mr.. Woolner followed for the defense,
and showed to much greater advantage
than when acting as examining counsel.
For about two hours be addressed the
jnry and attempted to explain many in
constituencies OF the defense set up, and
at the same time made some very good
points against the prosecution. While
his vehemence at times hordered on the
hysterical, and not infrequently he
stepped outside the record, his argu-
ment was very fair and much better
than had been anticipated.
When Mr.. Henry T. Gage began his
argument the somewhat fimsy etruc-
ture pieced together bv the defense gave
way. With analytical keenness be
showed the impossibility of the killing
having been consummated as alleged.
Until 90 minutes past 4. within
10 minutes OF the time limit set
by Judge Smith, he argued away the
mass of superf1usus testimony and made
o striking presentation of the bare facts
for the consideration of the jury. He
concluded with an earnest and powerful
appeal to the jury in the name of the
widow, who had sat throughout the day
silently weeping when any cruel thrust
WAS made at the memory of her dead
husband, that they should not return q
verdict Of murder in the first degree.
The Instructions of the court were
long and took Judge Smith nearly 45
minutes TO read. Shortly before 5 the
jury retired. At $50 they returned
into the court room with a verdict of
manslaughter.