The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-09-27


stood near him ia the Temple OF Music
parts OF the world and have seen peo-
pie assembled to greet their rulers. but
when / saw the people stand In the
railroad stations and along b country
through which the funeral train passed
that they might get q look at the cas-
ket Of the great man. / was convinced
as neve before that there Is such a
thing as a national heart
THAI national heart was broken ana
It will take Gods and time TO heal
it II was broke by a class OF people
who are coming to our countr IN IN
creasing numbers and while
by our laws, are propagating their ma
licioas views: = class OF people that
must be taught that we have no place
for them on u shores: a class OF peo-
pie that must be taught that they can't
take the life OF any n irrespective of
consequences.
Think again. gentlemen. here is a
man who does not want a lawyer. who
does not believe in God nor in law, a
a who does not believe in the mar
ried relation-yet our laws are such
that he is defended by two of the CD
lest jurists in our city as If he was
the most respected defendant, and even
though he comes into court and says he
was guilty; yet gentlemen you are r.
Quired under the constitution TO listen
to the formal presentation OF the evil
dence Notwithstanding the fact that
this man says he does not want It
Gentlemen, I have said all 1 have 10
say; 1 have said more. h I ought 10
say. You have sworn to give him a far
trial on the evidence. Now what is the
evidence? 1 say as il has been present.
ed 10 you it fully substantiates the
crime charged.
The duty Of counsel on both sides IS
ended. The court will charge you brief
ly. hen it will be your duty TO AXE UP
the case. No doubt the same thought,
the same object is in all our minds
that although our beloved country has
lost her greatest man. il still should
the respect of the whole
world. and it should be made known 20
the whole world hat no man can come
here and commit such a dastardly act
and not receive the full penalty Of the
law"
THE JUDGES CHARGE.
Justice White began his charge TO the
jury at 1929. He arose from his seat
and stepped to the side Of the bench
ear the jury box He said:
Gentlemen of The Jury: In this Gaze
the defendant has acknowledged his
guilt. Such an acknowledgement in
such circumstances cannot go to the
jury or h court. The law requires
that the defendant charged with such
a crime must be tried. The law says
that all the facts must be observed and
reviewed by you. The law guarantees
that the defendant shall have a fair
trial by twelve men impartial and <air,
capable of taking h testimony of the
trial and give it thorough considera-
ton. If when all the circumstances of
the case are considered by you there
still exists in your minds a reasonable
doubt that the defendant is guilty you
cannot find his man is guilty. The
people have submitted evidence tending
to show hat this defendant committed
this crime; they have given evidence
tending to show that it was premedi-
tated. If you are satified that there
was design and generalization, and, II
in accordance with that generalization
and design, these shots were fired, then
the defendant is guilty of the crime
of murder in the first degree.
THE jurors are bound to Sift, compare
and examine all the evidence, and, If in
their minds there is any doubt as to the
defendants guilt they are bound to &C
quit the defendant. If there is no
doubt in your minds then you are
bound to bring in a verdict of convic-
ton. I am very glad that up to the
present stage of this lamentable affair,
so far as the jurors and the people Of
this city are concerned, there has been
shown that respect for the law that is
bound to teach a valuable object les
SON.. The defendant has been given
every advantage of n / deplore
any Indictment to violence and the man
who is ready to go out n commit a
crime because some other man had
committed a crime is as guilty as The
latter and his act just as r~eprehensi-
ble."
The judge then defined the different
grades of criminal homicide.
District Attorney Penny requested
the judge to charge the jury that the
law presumes every individual sane
unless proven otherwise and the court
said to them: 1.-The law presumes the
defendant in this case sane"
Lawyer Titus also asked the court to
charge the jury, that if they were sat
isfied from the evidence that at the
time of the committal of the assault
the defendant was laboring under such
a defect of reason as not to know the
quality of the act or that it was wrong,
he was not responsible and the Jury
must acquit.
81 so charge" said the judge"
THE JURY RETURNS.
The jury retired at 3:51 o'clock to con-
slider the evidence. The scene in the
court room then became dramatic in
the extreme. Decorum was somewhat
forgotten n the spectators stood up
n many walked about the room and
engaged in conversation. The guards
about the assassin, who still sat in his
seat before the bench, were doubled,
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