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

NDl-NAGA W ~ 4ASoo1AASNA-y
Fayetteville. N. c., January 2O.-Re-
viewing the evidence in his address to
the jury. Hon. H. L. Cook tool the
position hat the jury could not escape
the conviction hat a verdict of MUIR
der in the first degree was demanded.
He c~ontended that the evidence of
Professor J. A. Jones as to the cohver-
satiOn in Utley's room-cursing about
HolIingswOrth's refusal TO cash MS
expressed determination to DAD his
pistol, go down and shoot the Office full
OF balls; the evidence to the same eff
feet from Moore and Black, showed
malice. motive n purpose and inten-
ton to commit the homicide; that the
evidence of Simeon Council alone,
without other testimony, would place
the act in the category of murder in
the second degree; out that, with that
OF Jones, Black, Moore and others. 1t
raised it to the first degree. He read
from State VS.. Hensley, State VS..
JJI1GLOly oIdLe vs.. NlCDOlldlu anu DISIlOp
on criminal law, in enforcement Of his
position. AS to the condition Of de-
PENDANT at n time of killing, as to
drunkenness, he cOntended that the
witnesses had deposed to his being un-
der the influence of liquor, but not
drunk, that none of the witnesses who
testified to his nationality, his inca
pacity to form a fixed purpose. his men,
tai responsibility when drunk, had
seen him on the night of the homicide,
and could not testify to his condition
at hat time; hat Officer Benton
deposed that he talked right and walked
straight: that his remark to Officer
Benton that deceased had fired at him
first" showed that ven then his mind
was clear enought to propose his de-
Tense.
Mr.. Cook graphically portrayed the
scene in the hotel office just after the
killing. What a picture was presented
10 the eye of Officer Benton when he
ran into the Observation-Disclosures lying
dead and weltering in his blood, anC
his slayer half way up the stairs, p1sto
in hand. This to him was the mos
horrible feature of the affair-that Ut
ley locked down on the body OF tn.
man who hal given him no ofTense, an(
whom he had wilfully and deliberatel.
murdered, and had said: "a id goo,
shot with the left hand"
The ~counseI's theory was that Hol
Gngswortn may have. by presenting ;
pistol. made the natural movement o
q man defending himself. but that h
was making an effort with arm extend
ed. TO escape by the rear door. when h
received the armpit wound; turning hi.
head. shocked and startled. he then re
ceiyed the temple wound. Mr.. Cool
adverted to the supreme court decision!
that when \ assaults 5, and proVOke+
combat. and ~jeOpardizes mis- life, anC
is put TO the necessity Of killing, HI
cannot claim the benefit OF self-defense
as the fault was his in the first in,
stance rs to intOXication, the law i
plain that where q man.. by drinking
puts himself in an irrational frame o.
mind, and CrazeG himself, he coulC
plead 10 excuse for his acts IN intoxi
cation. HOllingSwoTth. from tn
threatening attitude of Utley tina
night, and the short distance between
them, was justified in believing his lif,
in danger. and in defending himself
Il he had been quicker and had fired
1t might have been different, with tht
other mar dead; and. in his humbl;
Judgment, It would have been bette,
than as il is now,
Counsel cOntenGSj that the state hat
established a case OF elaboration
malice. motive and purpose TO commit
the act, which was one Of murder il
~ Srct 1nrrr1l Tnnal,If1~ 10 lsr
claimed any feeling in the matter othe,
than his desire TO see justice done; n
deeply sympathized with the defendan
in this awful crisis of his life. OF al
connected with this case. the jury wer,
subjected to the most fearful ordeal
on them rested the heaviest response
bility. But that responsibility must b
NETT was i~nSeparable from 4 exc
else OF citizenship. Their only Out.
was TO render 4 verdict according I
the evidence. If the state failed I
make vi q case of murder, they shout
give their verdict accordingly; if it di
establish its case, their course va
equally plain
at the conclusion Of the argument
our adjourned
After the adjournment OF court yes
terday, the correspondent found that
deep impression had been created b
the remarkable attitude Of Utley /
conference with his counsel-his loft
ness of spirit; his self abnegation; hi
declaration that he would suffer any
thing before the s~acredness OF the dea
should be violated. and the privacy {
family history should be invaded.
In yesterdays Messenger report til