The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-01-27

closed his very able argument at .
o'clock yesterday af.ernoon, having
spoken an hour and ii minutes in the
morning session. an. two hours and
twenty minutes aftc- dinner, Judge
Cook then ordered i adjournment I'M
I'll 100 o'clock f.. his review of the
evidence and char to the jury
The JuC ,.e's Charge.
Crowded as lue hall had been al
day., at night it was damned Il
hacked. the sea on the side of the bar
being filled N,.h prominent, preSty
women. The reorganization OF the
testimony W., made very carefully ny
His Honor. r. E.. X. Mckeithan re
Eeving the Judge at intervals IN the
rduOu ta~A
The char, e of the court was an elao-
crate and exhaustive definition OF tne
crime of murder, and, summed up,
amounted to his injunction TO the jury
TO find the defendant guilty OF MURDER
in the first degree. if they believed
ihere were generalization and delibera-
ton of purpose, the burden resting on
the STATE: TO find murder in the second
degree if they believed there u
malice in the killing, the law implying
such by the use of the deadly Weaf OH
eud the burden shifting to the defellSf
10 show the ~instigatiOn: to find nan
slaughter, if they believed the Killing
70 BE- the resrlt OF Il sudden omDa-
the having equal
He charged tre jury that he wou'i
not allow then to bring in a verdict d
not guilty contention of self d~efarSe)-
Judge Cooke refused to charge n jury
In accordance with the prayer for IN
structions submitted by the defense
through Colonel j. W. Hinsdale-
The jury then filed out of the box
1t was then 1850 O'CIock-and the court
instructed the sheriff to keep the
fury i'm the room until 1 o'clock, when
ff they had not arrived at = verdtC-.
nc would carry them to the hotel t
led. 10 render their verdict in The
morning.
The Verdict.
At 1880 o'clock this morning the jury
took their seats in the box, and
through their foreman. Mr.. 2. NJ Bui-
lard, gave in the verdict: Murder IN
second degree The
through his counsel moved for 4 ueH:
trial. excepting TO the charge as given
ty the court. its refusal to give
sn the instructions asked for by de
PENDANT The motion was OFerruled-
and the defendant excepted Betora
~IrouOunCing sentence, as move for ~
The solicitor. Judge Cooke asked II
cCunse desired TO be heard. and Col
oneI c. w. BrOadfOot addressed The
court in moving terms. He referee
e. the fact that. from the beginning OF
The trial to the morning of h l9fh
inst ii was we'll known that defense
relied mainly or the plea of insanity
which had been withdrawn under the
manly protest of defendant himself IN
the expression of one of the nobtNSS
sentiments of the human heart. ta9
--.--1 l-.I--~l -Iar no yT1S wont IN
fght not beg-he hardly knew now;
he belonged to the church militant; but
he appealed to his Honor as a human :,
nay q just judge. TO consider the pc
CUIiar condition of this defendant ana
not judge him by the OF othe:
men-this defendant who, on the nlg1C
o. the homicide. was all beclouded IN
brain, with the balance wheel or MS
reason ungeared. He did not blame
the Cour that it threw out the pisa ,
self defense. but he believed II MS
honor had dwelt on manslaugh'n II
more fully in his charge the result
might have been different.
His Honor, in the prosecution OF
crime and in the defense of thos!
charged. had stood oftener than ne
where he now stood and His Honor
knew how true was this from the
greatest of all uninspirted Interpreters
of the emotions OF the human heart:
"AlI earthly power is the likest God
When mercy seasons justice"
Judge Cooke was viSibly affected ri
the appeal. and his lips quivered and
mis- voice trembled, as, commanding his
prisoner to stand. he pronounced sen
fence: Twenty years at hard b II
the state p~enitentiary. Utleys de-
IneanOr and nerve were remarkable
He received the sentence. his tall fo-n