The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-04-01

B1
| Jury could not find conclusively tba+ =
was Booker's gun and that he bronobt =
with him, they would be obliged Ia ron
der verdict of not guilty.
He argued at length in order to sb,rr
that there were no shot in the gnn +,
was shown, he contended, that no shot
could be found either in the wound ~
in the side of the house.
The closing speech was made nv 6,
licitor Pom for the State. He complimo,,-
ted the counsel for the defence n,l.,,,
their speeches which he held were made
without evidence to support them. Thov
were ingenious, he thought.
There never was. Solicitor pom
thought. more typical case of murdar
in the first degree committed in Wol,e
county: that there had boon introduced
no evidence TO show that it was oot
murder in the first degree.
'1'he defense put no witness on the
stand to impcach the character or in.
tegrity Of Penny White, the only eve-
witness to the homicide. She must then
be believed II makes no difference
whether the gun was loaded or not If
he went there with the purpose of hill
ing the deceased and did kin her ii was
murder in the first degree. Even if thcrc
was a fight and he killed her during the
fight. if he went there with the intent
Of getting into a fight which finally end
cd by his killing her. it is murder in the
first degree"
AS to reconciliation Mr.. Pon said the
Supreme court has decided that single
minute of generalization is enough 10
constitute murder in first degree.
"l'hey intimate that the defendant was
intimate with the woman. That may or
may not be SO. 1t does not alter thu
case. The life of the lowest woman m
the world is sacred.
II suggest to you these facts: A life
has been taken; it was taken by the
defendant: it was taken in a brutal man
Nor: it was taken in cold-blood and with
generalization. These are all you have
10 consider.
again the defence argues that the
old mother took hold of the gun and
begged Booker not to kill her daughter.
and for some strange reason they think
this ought to rebound to the benefit Of
tho defendant If this is true, and three
other witnesses remembered differently
but if it is true, it only makes Book
er's guilt all the greater. They content
that 1t is necessary for the State tn
show motive. That is not true. Motive
is only evidence. and it's not necessary
for the State to show the motive. The
State doesn't know what the motive was
Except there was in his breast devil
ish purpose and he carried il out"
Mr. pou argued that Booker slipped up
to the house by a back-way, unseen by
anybody. As TO the shot. lie contende1
that it was immaterial where they were,
or whether there was any shot at all. Is
the woman dead? If so. who killed her?
Was the killing premeditated? These.
he said. were the questions for the jury
to consider and answer
''If you were to turn loose this man
it would be giving encouragement 70
other men TO commit the same crime
Are You going to turn them loose too?
That will not be mercy. There was new
er any mercy that was not tempered
with justice. The best way for a jury
to be merciful is TO execute the law"
1t was an able and exhaustive argii-
mont. The charge Of the Judge was very
clear and pointed. He said that the
jury usually, in a murder case, coUll
find one of four verdicts Excusalae
homicide. manslaughter. murder in tho
second degree or murder in the first
degree. In this case. however. under
the law as the court saw it. there was
no law to justify a verdict of excusaBic
homicide or manslarghter and that II
must be either murder in the first degree
or murder in the second degree
These two offenses he defined. saying
that murder in the first degree must )be
deliberate. wilful and premeditated.
After the evidence had been fully re-
viewed to them by the court. the Jury
retired and in FIVE minutes returned
with verdict Of murder in the first de-
gree.