Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1894-10-04
mioHAEL F4Iso auiLrE.
Convicted Thursday of Murder In th
First Degree in the Oyer and Termine


Carlo Ruva consumed all of "Wednesday |
afternoon and when court adjourned |
until Thursday the jury was ready
for the judges charge.
Chief Justice Lore charged the Jury |
as soon as court convened on Thursday. |
He defined the different degrees OF muir
der and charged that malice afore-
thought is the essence of murder. In
manslaughter there is no malice. When
ever ono person is killed by another,
unless ii be under the sentence of the
law, it is presumed in law to be unlaw-
full and to have been done with malice
aforethought until the contrary appears.
If the jury is satisfied from the proof
that the prisoner at the time of the
homicide, stabbed or cut the deceased
with knife produced in this cause,
which is deadly weapon, with the in
tention to kill him, in pursuance OF q
sedate and deliberate mind and formed
design to take his life, or to do some
great or severe bodily injury, although
such design may not have been formd
until the precise time of killing, he
would be guilty of murder with express
malice aforethought and of the first
degree under our statute, and the verdict
should be guilty in manner and form as
he stands indicted.
1t is claimed by the defendant that by
reason of Intoxlcation the condition OF
the prisoners mind and his mental
capacity were such that lie was unable
of forming specific intent or deliberate
design to kill the deceased, and that,
therefore, he is not guilty of murder in
tho first degree. Such a defence must
be proved to your satisfaction. Drunk
enness is no excuse for murder. This
rule has been relaxed under the rulings
| in this State TO the extent that drunken
ness may reduce the grade OF murder
from the first to the second degree. In
order to so reduce the grade OF tho crime
the Jury must be satisfied that the pris-
oner was SO drunk as to be utterly in
capable of forming specific intent, or
deliberate design to kill.
II the jury is satisfied that the prisoner
killed the deceased in sudden brawl
or quarrel, under provocation, and with
out cooling time, then the verdict should
be guilty of manslaughter
1t is the duty OF the State to prove to
the satisfaction of the jury all the ma
terial elements of the crime charged.
When proved, however, on the part OF
the State, and u defence IS set up, it is
| the duty OF the prisoner to prove such
defence to the satisfaction of the jury.
The Chief Justice charged as to the
reasonable doubt in such cases and in
conclusion said:
Now, gentlemen it is your grave and
important duty to determine the ques
ton Of The prisoners guilt upon the
proof in this cause. You are the sole
| Judges under the law of the proof; il is
/ yours to determine the grade of the
offence With the consequences of your
verdict you have nothing whatever to
do. The single question for you to de-
termine is, "Is the prisoner guilty or
innocentW
/ Then the jury retired.
l ON TRIAL FOR MANsLAUGHrER.
A jury was drawn to try the case of
George Chambers,a colored boy, charged
with manslaughter, in causing the death
of Charles Brown, near Townsend, on
August 4th. Deputy Attorney General
Giles appeared for the State and ex-
Deputy Attorney General Thomas Davis
for the defence. The following jury
was drawn: Charles NJ. LIE Fevere,
Patrick Fahey, Prank Mccoy, James
w. Green, John A. Boyle, j. Howard
Webb, James Edwards, William ii.
Tush, Denny Smith, James McCray,
John Wood.
Cesar Brinkley, colored, is the grand
father Of the dead hoy. He testified that
Chambers had confessed to shooting
Brown, and that the pistol was self
acting revolver, liable to go of at any
time.
Catharine Brinkley, colored, testified
that the day after Brown was shot she
, carried him to the house. She locked
young Chambers in the smokehouse
lie told her where the pistol was anc
| she went and got it,
} Henry A. Skeggs testified that Cham
bers told him the pistol was easily dis
charged, as the trigger WAS defective.
William L. Du Hadaway testified tha
, he arrested Chambers and took him &
: Jail. The boy said ho had pisto! il
his hand and pointed II at Charlie
$ when it went off.
9 DR.. Enos and Coroner's Physician
James Walker lectured to holding al
! autopsy on the body of the deceased
/ The State here closed.
i Mr.. Davis then rose aud asked thu
!. court to instruct the jury TO discharg
e the prisoner on the ground that the Stat
< had failed to prove that the pistol wa
!; pointed in jest or Intentionally az tn
- deceased.
The court after consultation instructor
:, the Jury to render verdict of no
$ guilty, and the prisoner was discharge,
e with few wholesome words fror
o Judge Cullen relative to the carrying d
= = deadly weapons. Thomas NJ. LIE Fevrt
+ who was foreman of the jury agreed t
take charge of the boy and give him
home.
n At 4.45 O'Clock the jury filed into th
l. room when the verdict OF guilty {
g murder was announced. Mr.. Hilles {
2 counsel for the prisoner asked that tn
IS jury be polled and all of them foun
the prisoner guilty in manner and forI
'. as he stood indicted. A new trial wa
e Immediately asked for, the time fc
!, arguing the grounds for the same to /
d appointed by the court.
81 In oyer and terminer court Frida
e morning Attorney-General Nicholso
IL asked for postponement in the case {
Peiiegrino Bianco and Addie Ross, IL
former indicted for feloniously assault
ct ing Lucy Peo, and the latter for aidin
Nc and abetting the crime. The attorney
general stateu thaI oHs ol Tue otate
|. witnesses, Michael Dornelly, was phys
cally unable to testify, and on th
- ground the case went over. Josia
IT Marvel represents the prisoner. A
the woman was leaving the court roo
Il, she proclaimed her innocence and a
IN serted that she was going to Jail for
crime she was not guilty of.
Court discharged the oyer and tc
miner jury from any further attendan,
-. | at this farm Gnnrt RNtnnlal the tin