The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1917-01-23
Murder of the First Degree

colored man who killed his wife at
Moorestown, on the tenth of NoVem-
Der, was begun before Justice Kalisch,
on Wednesday, before the following
jury:
Ezra G. Engle, Mount Laurel
Charles e. Southard Beverly township
Horace X. Friant, Northampton
Fred w. Burr, Springfield
Conrad Rein, Riverside
Van L1ew Schenck, Eastampton
Charles Shtnn, Jr., Willingboro
William j. Smith, Delran
Theodore F. Wolfe, Burlington city
Frank Ridgway. North Hanover
Amor j. Gauntt, Sprin gfield
Charles E. Holmes, Medfordl
The prosecutor of the pleas told the
jury that prior to the murder the man
and his wife had a disagreement
caused by some stories that had been
circulated about the husband and an
other. woman. The wife had threaten
ed to go away. Brooding over the
breaking up of his home and the
thought that he was to be separated
from his wife and children the man be-
came almost dsmented. Witness testi-
fed that for several days before and
especially on the morning of the MUIR
der Davis had not seemed to be him
self. A man named Jenkins had been
engaged to remove the household
goods. On the morning of the murder
Davis went to his home and found
Mrs. Jenkins at the chicken house.
The woman was aiding in catching
chickens. Davis ran from the house
and picking up an axe which was near
the chicken house struck his wife over
the head, repeating the act two or three
times. He then gave himself up and
was brought to the jail.
At that place he was put through the
usual custom of being given the privi
lsge of making q voluntary confession
and he frankly told all about the case
admitting the crime and acknowledge
ing that he and his wife had not been
able to get along together at various
times. Davis claimed that he did not
know what he was doing at the time
he killed his wife and the testimony of
several witnesses seemed to bear out
the statement as it was noticed by the
witnesses for the state that the man
had been acting very strangely for
long time. AS a fact the witnesses for
the state were almost as good for the
defence as for the side they were called
by. The confession of Davis was alb
solutely against him, and it only re-
NAMED to see whether his life could be
saved.
Robert Peacock defended the man
and put up a remarkable fight. He
claimed that Davis was so depressed
and worried about his wife and child
rem leaving him that he suddenly went
crazy and while in that condition COM
mitted the crime. Mr.. Peacock frank
ly admitted that Davis was guilty of
murder but that the degree should be
the second and not the one that would
send him to the electric chair. In the
matter of insanity DR.. H. E. Longsdorf
gave valuable testimony tending to
show that the position taken by Mr..
Peacock was perfectly justifiab le.
The defence had a large number of
witnesses to prove that Davis was a
man of peaceable habits, but he called
ONLY one and said he would not take
I'D the time of the court by examining
| the Others as they would all give the
same testimony. AS fact every one
who had known Davis for any length
of time said he was one of the best be-
haved men they knew of.
The case occupied all of Wednesday
and part of Thursday, closing about
noon. Mr.. Peacock made an earnest
plea that the man be convicted of MUIR
der in the second degree only. Prose-
cutor Kelsey strenuously insisted that
the murder was wilful and premedita
ted and asked for the highest penalty.
Judge Kalisch delivered a very clear
and impartial charge. He referred to
the law which allows jury to convict
of murder of the first degree and recon-
mend life Imprisonment. If the YER
dict came without recommendation
then the responsibility rested with the
court to infiict the death penalty. 1t
was this clause in a recently-enacted
law that resulted in the verdict that
was rendered, although it was the
general opinion that verdict of muir
der of the second degree would have
been returned rather than one that
would have taken the life of the man.
As it was Mr.. Peacock was working
, and it may said here he acted without
compensation-to save the mans life
lond he succeeded.