The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-01-23
COUNSEL ARGUE THE CASE.
Brilliant and Able Efforts Being
Made by all the Attorneys i'm the
UtIey Trial.
Especial to The Mesenger.)

Fayetteville, n. c., January 21.-Ex.
Judge Sutton began his argument by
stating his status in case as that Of
junior counsel, called to the defense
hastily and without notice; but, for al!
that, ne had devoted to it whatever of
ability he might have, had studied it,
and weighed it. Gentlemen Of the jury,
this is q strange world, stranger in its
INC over and over again in our eXpe-
rienc We are impelled to the conviction
of Hamlet: There are more things in
heaven n earth, Horatio, than are
dreamed of in our philosophy" And
this is a strange case. When on the
morning of the 18th OF October, 1902,
men on the streets of this City heard
of the tragedy in their midst, the moral
sense of the community reeled under the
shock; and, in the first ebullition Of
resentment, there was not one to say a
good word for his young man. How
many knew, until all the evidence was
in and the circumstances were known,
that defendant, at the time of the hom-
icide, 5000 in imminent peril Of his
life?
Judge Sutton then dwelt at length
upon the absence of motive, the abso-
lutte failure of the testimony anywhere
to show a grudge. But, declares ths
state, there was a motive-the refusal
of deceased to cash a check; words
spoken in drunkenness, when half gall
lon of liquor had been drunk.
Gentlemen of the Jury, l ask you on
your oaths, in the sight of God as well
as of men, do you believe this trlhing
this peurile contention OF the state?
COunse then cOHtended that If defln-
dant had murder in his heart he had
had abundant opportunities during thai
night to have accomplished his purpose,
without peril to himself. He then ad-
verified to State VS.. Heasley and State
vs.. BrittOn, relied on by the state in
this case, where threats had been made
by defendants. In this case no w t
ness testified to any threats. There
We're cursings, and epithets and a
threat to have deceased discharged
the meaningless, maudlen mutterings
of a~>drunken man. Never at any tins
all that night did defendant offer or
threaten to do deceased harm until the
latter presented the pistol.
! Judge Sutton with remarkable clear-
ness defined murder; and proceeding Oh
quoted from authorities to show that
! while drunkenness was no eXcuSe for
crime, it was a very important element
in explaining why there was not a cEr-
tain degree of criminality. So far as
he was concerned, there needed not the
overwhelming testimony that a been
adduced to prove Utley's irrationality
when drunk-his every act proclaimed,
but rarely had such weight of evidence
been gathered. (Here he paid 4 fine
tribute to DR.. HaiEh, and, incidental Y.
10 the late Rev. DR.. j. c. Huske.)
Here we have Overwhelming proof that,
| when drunk, defendant has no capacity
for tixed1cSS OF purpose, is utterly IRA
tional and deaf TO reason. and we have
abundant evidence that he was drunk
on the night of the homicide. The
counsel dwelt forcibly and exhaustive
ly on the position which defendant
/ found himself Immediately prior to the
homicide. with a pistol presented al
him in the hands OF the deceased.
Judge Sutton's citations of authorities
wa lucid and voluminOus, and the
closing of his able address was impress
sive and eloquent.
At the afternoon session Mr.. John w.
Bolton. for the state. led off. He Is the
second youngest member of the Fay
etteville bar, to which fact he graceful
~ alluded in his expression Of DEL
sympathy with the defendant, who was
of his age. But gentlemen, Of the jury
our compassion must not conflict with
our duty, and your compassion must
not stand in the way of your solemn
oath as jurors in this case. Mr.. Boil
tons argument was that the line OF
defense was inconsistent and not
j ~consanant with law and logic; that the
! defendant was in a mental condition &c
form 4 purpose, that he did form and
execute that that deceased
when shot, was making an effort to eS-
cape by rear door.
Mr.. ~ S. Hall. for the defense, next
addressed the jury. His argument was
me~thoGical, compact and systematic
n his line of defense successively
eliminated purpose and malice to throw
out murder in first degree; malice, &c
eliminate second degree, lack Of alter
cation or combat, to throw out man
slaughter, reducing it to se-f-defense,
on which he dwelt with force and i'm
passioned earnestness.
Colonel j. w. Hinsdale, for the de-
Tense. began his argument at 4:3;
, o'clock in the afternoon: He felt op-
. pressed with great responsibility rest
ing upon him: he felt the most profound
interest in this case, and in he prison
! er At the bar. whose father was the
friend OF his youth. Il may almost
say that his people are my people
He felt when he looked iato the honest
face OF the twelve sworn men before
him. that they had a jury which would
not disappoint them, but take a merci'
full view of the law. There are four
answers to the issues. either one o.
which it is in the power Of
the jury to give: One, murder in frs
degree. involving the life of defendant
cutting him off in the prime OF man