The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-01-23

not beer passed in vain" The jury,
when asked to bring in a verdict Of
murder on the first degree, must require
the state to bring such proof as would
be required in a case of waylay.ng, ly-
ing in wait, poisoning, etc, set forth in
this statute; the jury must also be sat
isfied that defendant was in a condition
to form a fixed, deliberate purpose, and
carry that purpose out afterward.
Here counsel dwelt on the strong me1n-
ing of the words generalization and de-
liberation, used in the phraseology of
the law. Here the hour of 5 O'Clock
was announced, and court adjourned
until $50 o'clock this morning.
Wednesdays Session.
After the terrible weather of yester-
day the bright sun and mildness have
filed the court room, among the audi
ence a large number of ladies.
After court opened Colonel j. w.
Hisdale proceeded with his argument,
quoting from State VS.. Foster; State
VS.. Thomas; Age VS.. People, of Mis-
souri,, Cooley presiding; State VS..
Bishop, S36. Counsel went on to prove
the heavy drinking of defendant before
StAo olA lliC ll4SLl u LIZ LII ILL.,
mense amount of whiskey drank, and
the evidence of Plummer hat on that
night defendant staggered, although
the evidence showed that, when drunk,
he had wonderful power over his body.
He then recited the testimony that,
when drunk, he was incapable of reas-
oning, or OF forming any fixed idea or
purpose. So. here we nave HIM drunk.
and y-a hnI-a what ~ ~ Cf NAV 10
was when drunk.
Counsel then commended that there
was not in all the evidence anything to
show that defendant made threats OF
offered violence to deceased. He laid
stress on the fact that Utley threatened
70 have deceased turned off in the
incoming. XIII him that night, and have
him turned off in the morning? Colo
mel Hinsdale dwelt solemnly on the
close OF the tragedy, where Hollings-
worth presented the pistol, where I'M
der the law. had that stubborn lock o
the pistol worked. had that pistol fired.
he deceased might be standing in tn
dock today. charged with murder.
Gentlemen of the jury, would to Goa
HollingsWorth had not had in hand
that weapon that night. l believe, as
q bCliSN T. "a III w SAlSlCISC, liz
but for that pistol in the hands of Hol-
lingsworth. this solemn scene would not
be nacte here today.
Summing up. Colonel Hinsdale said
that the very highest degree OF guilt III
this case was m~anslaughter Estate VS..
Floyd. for generalization. purpose and
strong, deadly malice were wanting
With that pistol pointed. there follow
| aI n r clio lIob ~ u IL ->lP loPan.no
Colonel Hinsdals's presentation o.
the case was very powerful. and was
followed with the closest attention.
Solicitor Lyon began for the state: 1t
was his duty. as an officer of the law.
TO assist the jury in arriving at a yer
dict. Try This defendant fairly; give
him the benefit OF every reasonable
doubt recognized as lawful. If you can.
as law-abiding men, put yourself in
his place" and give him every possible
advantage that your duty will permit:
but if you believe him guilty of murder
in the first degree, have the courage to
say so. You owe a duty to this defen-
dant, but a still higher one to society.
the law and the state. P~resuming that
he stood with Colonel Hinsdale as to
generalization and delibera ton being
NHoAi " iliui utI III iiISl utSTee. dflO
declaring that there must be u verdicr
Of first or second degree, he proposed
to judge defendant by his own actions.
He begins with the night of the homi-
eide, where defendant fails To get his
check cashed, and was made angry:
he fires his pistol, and declares he did
it to scare deceased-an unla wful act
next, as deceased was upstairs. he
| fraS shots into tho u-ol. laoaoaaI
leaves hotel, and defendant knows h
has gone for officer Benton, and he
loads his pistol, and fills his pocket
full Of balls; while officer is present he
is quiet and peaceable, knowing that he
would be arrested, and his purpose
would have been defeated: after Benton
leaves defendant overtakes him on the
street, finds out where he is going mot
the act of a drunken man, but of one
fatally bent on m~ischief), gets him OH,
of the way, n no one there but him
and his victim, and the negro Simeon
Counsel curses him, advances toward
him, presenting the right hand. with
left hand in pocket, the pistol was pre-
scented by deceased. and the shot was
fred. The solicitor carefully reviewed
the evidence. conte1ding that the testi-
mony failed to show such drunkenness
as TO make defendant incapable al
forming a fixed purpose; n a he did
form that purpose, and carried it out
that as to the time necessary to form
that purpose, no court, no man could
fix that time. Counsel contended tina
Holiingsworth had every right to be,
lieve that his life was in danger, and
when he presented that pistol he did
SO in the natural imDulSa of every maj
to protec his life. The solicitor close
by declaring that if the jury believed
that there was generalization and pur.
pose 20 commit this homicide (and he
admitted. and impressed IL on the
jury. that the burden was on the state
to prove thaO then the verdict must hs
murder in first degree; If there was
malice, without premeditation, it would
be murder in the second degree. II:
declared most solemnly that he scam