Every evening, Wilmington daily commercial., 1906-02-15

The jury in the case of John W.
BlaekiasJn, coiored, charged with the
mutdtr cf Joshua biackiston, also COL
ored, after having been out all night,
this m1rning returned a verdict OF
guilty ot manslauRhter, coupled with
recommendation of the prisoner to the
mercy Of the court.
Sh It y after court reassem bled this
morn n the jury came IN and asked for
instttc Lions about the penalties for the
grades of murder.
Chief Justice Loie replied that the
penalties we're fixed by law, and that
court and jury had nothing 10 do with
them. Ii was for the jury to deter
mine whether the prisoner was guilty
or rot guilty.
The jury retired and fifteen minutes
later came in with the verdict of man
slaughter, as above stated.
j. Frank Ball, of prisoners counsel,
Immediately moved for a new trial and
will file reasons in support thereof
hereafter.
When the State had finished, yester-
day afternoon, Blackstone counsel
waived their defence, standing on the
State's evidence. They prayed the
court to tell the jury that a mans
home was his castle and that man is
justified in killing in the protection of
his home and family. The remainder
OF the afternoon was devoted to sum
ming up to the jury. Deputy AttoT-
ney-GeneTal Hastings was the first to
address the Jury. he said that the
State would not ask for anything
higher than a verdict of murder in the
second degree.
lie was followed by George N. Davis
for the defence, who made a short re-
view of the evidence produced by the
State.
}. Frank Ball made an eloquent ad-
dress IN closing for the defence and
he impressed upon the jury that any
one of the II men in the box would
have shot sooner than the defendant IL
their sons had been subjected TO such
muIderous attack as that made by
Joshua blackistou upon Aaron Black
iston, the young son of the accused.
lie gave a graphic description of the
man striking vicious blows at the boy
with the butt end of a gun, while the
father stood and saw the third blow
struck before he fred the fatal shot al
Joshua Blaokiston.
Attorney General Richards, in bis
closing argument, said that IL the jury
found that the circumstances around
the killing were such as to excuse
} him from punishment they should lei
him go, On the other hand il they
found the circumstances such as tC
I convince them that the man was guilty
r Of a crime they should convict. MT.
Richards briefly reviewed the testi.
/ mony. lie argued that there was nc
haste, great melee CT rapid murderoui
} attack upon the boy, and that the lat
I ter did not try to escape from ths
{ room when he had a chance, but sal
. down in chair, where he sat until
another attack was made upon him.
he said IL Was for the jury to decide
] whether IL was manslaughter or SECOND
{ degree murder.
At D.. Co O'Clock the court retired e
prepare its charge. At 5.25 o'clocl
the jury was charged by Judge w. II.
E Boyce. lie briefly defined second de
gree murder and manslaughter. Th,
! charge was impartial and in part tolC
, the jury that il il believed that therl
was no other way forFthe defendant {,
/ save his life OF the life OF his sol
I than by killing the assailant then thei
) verdict should be not guilty.