Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-10-08

able doubt of the prisoners sanity the
jury should scquit. At first the law
presumes sanity; then the defence in
PRODUCES proof to show insanity; then
1t is incumbent upon the State to set
that aside and show sanity beyond
reasonable doubt.
Court took recess until 3 O'Clock
when the charge to the jury will be
delivered.
high desk has besn built for Court
Stenographer Hardesty, and will be
put in front of the witness box. He
will then be able TO face witnesses
while taxing their testimony.
The Levy Court has o.dcred the
erection of platform at the height of
the upper platform OF the jury box SO
that better accommodations may be
provided for the court reporters. Their
tables will be on this platform and
railing two feet from the rear of the
Jury box will keep spectators at dis.
lance from the reporters table. The
Improvement will be made while court
is being held in the lower counties.
After celebrating for less than half
an hour the jury in the case OF the
State va. Edward Wright. on Friday
afternoon returned verdict Of guilty
VI III tub liIst ltRftt. huSllu
Harrington, of the prisoners counsel,
thereupon made application for new
trial.
The charge to the jury in the case
was delivered by Chief Justice Lore
Immediately after the court reconvened
| in the afternoon. The Chief Justice
said:
Gentlemen Of the jury: On the 30th
OF July, 1896, Edward Wright, the
| prisoner, near the T., W. & b. depot in
this city. shot and killed Ida Crum.
nell, under the circumstances which
have been detailed in your hearing in
this court room. and for that killing
he is now on trial before you, under an
Indictment for murder in the first
degree.
at is conceded by the counsel for
the prisoner, under the proof in the
case. that he is either entitled to an
acquittal altogether, or is guilty in
manner and form as be stands in.
dicted. iou are to determine, there
fore, whether your verdict should be
murder in the first degree, or not
guilty. You are happily relieved OF all
question as to the grade of the crime.
Under the statutes of this State,
every parson who shall commit the
crime of murder with express malice
aforethought, or in perpetrating or
attempting to perpetrate crime pun
ishable with death, shall be deemed
guilty of murder in the hrst degree
and OF felony.
Malice is the test of murder. 1t is
the dictation OF wicked, depraved and
malignant heart and of disposition
to do evil.
Express malice is where one with
sedate, deliberate mind, and formed
design, doth kill another. Such design
is evidenced by external circumstances,
discovering that intention. such as lying
in wait, anteCedent menaces, former
grudges. hatred, ill-will, the deliberate
selection and use of a deadly weapon,
or concerted plans and schemes to dc
another some great bodily harm.
1.-The prisoner sets up the defence
of insanity, and claims acquittal on that
ground.
"Tbe test of insanity in this State
clearly expressed in State VS.. Windsor
Harrington, 500, is, whether at thu
time of the killing the prisoner hat
the ability to distinguish between
right and wrong, in reference to th,
act itself, and the power to choos,
whether he would do it or not. 1t il
. not question Of how much reasoI
and judgment he had but simpl,
whether he had the ability to distin
guish-that is, to understand whether
the act was right or wrong, and tn,
: power to choose whether he would d.
t it or not. IL he had such ability aut
} such power, he was not insane. Jeal
ousy is no excuse for crime.
"Taking this test, gentlemen, o
l N., g. E,ak 4.
> time he killed Ida Crummell, Edward
Wright was an insane man.
Even il he was insane before O
after the killing, it will not avail un
t less he was insane at the precise tim
s of the commission of the crime.
IF you believe he was insane at tina
t time-taking into consideration tn
s tests | have given you-your verdic
should be not guilty; hut if you d
I not go believe, then your verdict SHOULD
a be, guilty in manner and form as b
stands indicted, ina smuch as th
u previous threats. made by him, tn
. deliberate selection and use of re
: volver, which Is deadly weapon, fir
: ing it twice standing over his prostrat
1 victim after she had fallen, his de
d claration after he heard of her deaf
that he hoped she was dead as b
Q intended to kill her and that be ha
!, made up his mind to kill her on til
3 Saturday night before the murder, an
other acts and expressions which yo
n may recall, are conclusive of expires
q malice, almost diabolic in its intensity
$ which the law presumes arose from
/. wicked heart.
% at is incumbent upon tho State {
i prove every material element of tn
y crime of murder. The sanity of til
J. prisoner is one Of those elements
d you therefore have any reasonabl
l. doubt from all the evidence and proof
d in the case, on this or any othe
material point, the prisoner is entitle
70 to the benefit of that doubt. But
gentlemen, that doubt should be o
1t such a nature as to prevent you a
J. conscientious men, from rendering
y verdict Of guilty."
1t When the verdict had been taken an
,r the jury po!led, Mr.. Harrington mad
/ the application for new trial on til
Is ground of irregularity.
l. The Jury wac discharged until Nc
3. yelnber 9Th, for which time the Hanr
Of Willis and Woods trials are scheduled
l. Richard Stats, who was convicte
1t on Wednesday, of mansaughter in caus
1t ing the death OF William Guy, wa
g. sentenced to pay fine of 81, 600 and h
al Imprisoned for torn of five years.
Jf William ii. Bruckcnborough, Juliu
T.