The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-01-27
ARGUMENT In UTLEY CASE.
All the Attorneys Through and the
Judge Delivers His Charge to the
Jury.
(Special to The Messenger.)

the trial after the Adjournment Oh couit
Yesterday afternoon tina at any time
during the proceedings. The remarka-
oily able legal effort Of Colonel I{ins-
dale; the compact, terrible arraign-i
ment of Solicitor Lyon; the splendidI
Aloouence of Hon. G. NJ. Rose, and the
speech of Hon. John G. Shaw-extra-
ordinary for it's b%oldness, its seating
excoriation of the state. its compre-
hensive grasp of all the features of the
case-all gave food for talk, specdla-
ton and predictions as to the outcome.
Generally, the bulk of opinion was
"manslaughter;" some offered wagers.
on granddaughter or mistrial;' others
again contended that malice had not
been eliminated, and that the verdict
would be murder in the second de-
gree"
Following is the synopsis Of the ar
gument of Hon. G.. NJ. Rose for the de-
tense: He congratulated the jury thai
this important case, so serious ana try
ing to all, was approaching its close;
he thanked the jury for the unwaverine
interest and patient given t
the investigation. and asked the sam
interest and attention to the close. H.
felt oppressed by the responsibility rest
ing on him; no higher duty fal-s 10 IN
lot Of an attorney than to appear in Q
capital case and defend the right aAc
condemn the wrong. He realized. too,
the responsibility resting on the jury:
no doubt they, one and all, would nave
avaded his duty, and would prefer no
20 have been called to serve in the case
out good citizenship and patriotism
required such a service.
He severely criticised the state TO
| not putting on the stand the eye wit
ness to the occurrence, and the othe
| witnesses who were present just befor5
the homicide. 1t was fair to the jury
| that such should be lone: che state o
North Carolina ought not to condemn
any one of the high crime of murdel
without furnishing to the jury all tn
evidence. at least of those cognlzant o
the facts. Certainly the witness, CouA
Gil. who was present almost at the tim
Of the firing, should have been place.
on the witness stand.
Counsel then read the act Of 1893, d
viding the crime of murder into tW'
degrees and commented on the human
ity of the change; he contended tfat !
was the duty of the state. before con
viction of murder in the first degree
TO show premedita ton and delberaho
and contended that this had not bee
done in this case. He further contend
ed that not only must the state shoN
generalization but a capacity to pre-
mediate. He claimed that there wa
no reconciliation. no threat had bee
proven. no language used to const- u
into threat: the prisoner was on goo
terms with deceased up to the time G
killing: this. he claimed. was shown b
all the witnesses, both for the state an
defense: he had not shot at deceased
had he done so Benton would have al
rested him, at the bidding of deceased
He laid stress on the evidence ct WI
nesses. and the material evidence c
the prisoners drunkenness on thu
night: he commented on the evi3enc
of witnesses, Who proved Ut,ey's wan
Of reason when under the influence {
liquor. and paid a high tribute TO DR.:
Haigh and Lilly-here a recess for din
ner was taken
AFTERNOON SESSION.
In the afternoon Mr.. Rose insiste
there was no element of murder in tn
first degree. and went over the fact
of the homicide, insisting that Ute!
while using bad language. made n
threat: deceased first drew his pisto
the lock OF which he did not under
stand, and which he had borrowed, an
that Utley fired, while looking into tn
muzzle Of pistol in deceased's hand
that it was unfortunate that a pistt
had been furnished to deceased, and
he had not drawn it, this case woul
not have been. Counsel insisted thu
there was no case of murder in SacOn
degree; and, if it was not self-defens'
it was ~manslaughter. He closed wit
this magnificent appeal: God gran
that he his day send down to you
hearts and minds some spark, some C
lestial fire, from on high to warm u
your souls with human kindness, thu
harp on whose strings the smallest han
can play Heavens sweetest tunes o
earth, and that you may give light an
warmth, hope and life to the priSOne
at the bar and his sorrOWing family.
Hon. John G.. Shaw for the defens
came after Mr.. Rose, and he was NJ
only followed closely from start
finish. but now and then there WEI
spontaneous manifestations of q!
plause, or ripples Of amusement rur
ming through the court room, at son
imprisoned %outburst, some cutting il
v~ective, some lash of vital sue
demonstrations sternly and immediate
~ resented by the officer OF II
court. AT one time, by a fash in II
eye of Judge Cook, the reporter locke
for a stern reprimand of the audienC
but His Honor has wonderful pois
which he has shown all through tn
ordeal, n he contented himself wit
the officers command for silence
pecially as it was, one might say, Will
pered applause.
If the correspondent fails to give
correct an abstract of Mr.. Shaw's a
gument as he has done OF those precet