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Cl?* m*fo 3«»cn»l & IRsstsje’ng**:, The Telegraph and Messenger MACON, GA. M^BCg> 18 :879, Tbe Extra session ■ 1 till ITWTiwr nm mj and the points at is ue as stated nr—The An BY SeNATOB. BAYARD- J 1 Yesteaday whs we ra -- _ The NswYork BeraJJ. of tnal3ih iert., [ flf Kr< A ¥ Gibson, charge! wit I TOE G1BBOX CJLKv On Trial < far Hie Life—The —The Arcumen second d»: was about fifteen feet distent. The | wee « sporting men, e fakir; he wes about j light was not 'shining there. The I belt drank; be recognized me and called moon was shining,' but not where j my name; he did not say anything to me I stood. I ashed him how be about being on a long spree. I know gas, and be said "first rate.” ;Barghard I what absinthe is. It is composed of al« then came np. I did not hear Gibson aay I ooho), some seeds, eto. I don’t know , .. * _ - 1 11 that be hsd been knocked down, or had a I exactly what is the composition. Itis —Hard limes la Germany are shown In prints an interview with Beni.or aiy»™, U murder of Mr. D. W. Coleman. The gOT0re bIow on his be »d. When Cole- about as strong ae whlBky. nothine more than la the consumption of 0 f Delaware, in which ‘that; excallrat COUIt _ room wa8 we ll filled from the first man threw np hie ooat and aaid he was H. V. Johnson, M. D., testified: I am 8 C03W0g»U°n* I <« bMia 1878 *“*■ Senaioretate* the points a: ksna so °ou- - within the bar not armed. I did not hear Glbeon e.y, a praotioing physician. I was called on TSr 8 ' , • in ddearly that werepro- t0 tbe 1 * ’\. y , “You are attempUag to draw,” or “Take to visit D. W. Coleman; I was called to 1^77- _ • from cl ** 7y ’ saoniB *f y . . . to more attentively watch the proceed- J0urband 0 ff your pUtoL" I was not I see him on aoeount of wounds he bad re- —Senator Gordon has d dnoe that portion of his remarks bear n„ The jury, which had been selected a ndar the influence of Hqnor. Some of I oeived; I found a wound on bis right Washington to the »B« or the muraereu ^ the aa bject. Tho Herald which has - previous, and had spent the the words may have escaped my mind, side, and one on his leg. (Locations of Oob Alston that she and her children s I tfraoalr condemned the courae of the . J 8 *" , h , * 0 , ke( j a littlo I did not hear Gibson say, “Stand baok, wounds pointed ont) I made an ezamU never vnniwhi’ehs lives, n ,™ts in the Forty-filth Can , rc83 night rathe court-house, looked a • oa of 8 b -.-i be miy havessid it. nation; endeavored to probe his wound —The Governor of Kentucky has issued a I Democrats ra o y .“ . jaded and worn. * I heard the words “stand baek” several In Ms side, but without aaooeM. I was rrnuieition for Capt Elilr, who msssfed I edimmlly remark* that we aouuy . The c;iee wa8 regn 5iea and the taking I (OouDsel read from a memoran- J^aUedon the night tbe shooting occurred. - - •—» - -if- I -k:-k **»«« n-e Dreaen.ed unJ fV . denciJ proceeded with. The case da the above words, and the witness « |, ...,111.1.11111 and this I sssin said be had not - heard ~tfiem,) I | u ono of peculiar importance, and this ^ any 0n0 thktbe liid that; is recognized by onr citizens, who look £ ba( j a 8bo rt conversation with Major forward to the result with keen interest, a. W. Gibson a few dsya since; I stopped as on its results re3t, in a large measure, | Mr. Gibson and epsSa and discretion, in the terms of the law, to make him amenable to the law; and, second, he acted at the killing in self- defense. The changes were rang on there two points and a powerful appeal killing acted under the influence of those fearr, not in a spirit of revenge. If a person kill another in bis defense, it must appear that the danger was so urgent and pressing at the time of the killing that, in order to aave his own life. made to the jary i® behalf of the pm* ‘he killing of ihe other van neeesiojry- Ic . , I muat also appear that the person killed 0Ber * . 7 v. - - was the assailant, or that the stayer had Colonel Harris took occasion also to | really, and in good faith, endeavored to attack the press in broad terms, during I decline any farther straggle before the his argument. mortal blow was given. a . L , . t I Dnog declarations are allowed as tee- At the conclusion of his speech Judge 1 timjny * in CIlminal ca3e g as competent Speer proceeded to charge the jury in evidence. With this exception, the ac forcible and abla | cased has to be confronted with the wit- MraTGcrden Granger while he hid a wife | which these views are presented and living In Scotland, and who hsabeen found their source are certain to command wide guilty of bigamy by a court-martial- attention. —Ojius H. McCormick, the Chicago mil- v?e g^not doubt that the thorough dis- lionaire, who owns a gold mine in South cag£ion which will be evolved ra the ex- Carolina, has given 84.C00 towards the con- tra 8iMion vrilt leave the Radicals no etruetionof the Greenwood and Angueta 1 ^ tandin _ gt0Qnd in the way of solid argu To. oodoabt«a he* that bud TO- market ehowj a decldel waking up. Among den been inaugurated, every Radical in the reoent purchaeea are six lota of ground, | Congress would have clamored for the Re died on ths night of the 5rh of No vem- ber, I think, from the effect of tbe wound in bis tide. I saw him after bo wan dead at tbs coroner’s inquest. G. 8. Westeott, Deputy Sheriff, ton ified—I know the prisoner. [Witness , , 6 . . ... I told him apart of my evidenea would be T identified him.1 After the shooting, tbe the future peace and good order or t K j aTOr 0 j “Ab,” about—hfs- usying j first pliOB’^hai l saw him was at Fart city. It has cjma to be regarded &3 a <> fi taud back.” I did not tell - him I Valley four or five days after the shoot- sort of crucial test on the subject of car- that Abner said, “Stand ' back, l ing. I went after him and found him in mealed weabons, and upon the yon are attempting to draw on me." 1 j»;l kt that place. I brought him to the rying coacea e p » p j ba( i a conversation with Major Gibson Bibb county jail. Offioera Ricks, Grace _ - „ ■■ T - Rhnwa I exte nt to which a citizen can Icwk for pro- baok of g am WaxelbaumV, but I did not and Wood waa with me. 25 by 100, ob Fifth avenue, near Seventieth! immediate repeal of these laws, snows fconl tho state and the de- tellhim that Abner said, three limes, A. C. Ciiett, of Houston county, testi- street, for $150,000. One year ago tho best their impropriety, and that they rest only - . Q , ^ 0 . mt wberQ that pro- “stand back; youare attempting to draw I fled—I know the defendant. It was on tbe offer for tbs same property waa $93 000.’ on m »re partisan greed and selfishness. ® ‘ and the dutv of self- on me." My mind has been steady on 3rd of November that I waa in Maoon. — 1 tection ea * these paints ever siuoo tb3 oocurreooe. I did not see Gibson on that day. I saw defense begins. The jury hsd been se ~ I exoept as to the drawing of tbe piatoL 11 him on the evening or night on Third iectod and nothing remained but for the baTa read the evidenoe before theaoro-1 street at the entrance to Wall street, testimony to be given in. We present I net’s jury. I do not drink whisky. * f jldid not see him have anything. , oommsnt * * # * e • # I met I This was jast about dark. I heard the ihe testimony below w * | Coleman, for the firat time, about a half I shooting. It waa about a half hour be- iowt> The proseaution has been ably conanc.ea I bant the shooting; ha was at Yal-1 fore the shooting that I walked to the than in any other country under .the sun J K y°^ 4 ‘ tor Bayard—I sm disposed to think J by Solicitor General Bartlett and Mr. A. entino’s, and called for a driokof wh sky. Lanier House and walked back on Third —The last sweet thing In the booming of tb0 Eesfclon will ba short, and consequent- p ronr a t . The prisoner U defended by I saw he was drunk and shook my head street. When I got to Huff’s corner I the Grant movement Is a monster trana- |- there will be no time to consider any ... Messrs. Whittle, ChirleB atthebarkseper. When I, Coleman and me t Gibson. At the bank, as I was go- ,, nortv to moot Grant but essential measures. Hon. Sam M ul, I Bnrghard, were going aoross the street, mg. over to the Lanier House, to put up Continental Ex *' J itiaeeti- Reporter—To what mrasurea do yon I J. Hirna aod Colonel Isaac Hardeman, I Bojghjj.d atlracted my alt—How to Gib-1 ray gun, ha stopped me andasktd me when he land* at San Rankin. _ - - ■ refer as essential? | presaLtiog an array of legal talent equal I gon . Coleman waa very near to us and where I was going, and I told him that I Senator Bijard—The two appropria- L _ In tb0 q tate . Snoh a oase was ex- oonld have heard what was said. Young was going shooting with Dr. Carver, cion bills which failed, and the passage • . - ta<l th ijveliest inter- Burgbard attracted my altention as be Qib6on said he “was going shooting, too. of the laws demanded by the House of P eoted and ha8 “**“* (Gibson) turned Hnfi’s oorner, and said: H e bad started out to kill aomebodj. and Rente'entativea at ihe last session. I e3t throughout. The following Is the I ..p bere g oe8 Ab. Gibson with his pistol 1 x’d just as lire kill you aa anybody. ,Mr. Reporter—What are the latter? testimony: lout” I do not know what called I jy^ve Norris interrupted his conversation Senator Bayard—A repeal of the war T u * .v»-fellows- I know Bnrghsrd’a attention ^ to him. I [ und I tbongbt it waa a good time for me “ SSS&SSsyisr a^ssafawra never have the opportunity to decline it, and j t , orieBf thB r ;ght to which is so plainly ™ !l n | 0 h ' .“ B nn that hi . wb en 18aid * “* wlU B ° OTO F and . lo ? k aIte £ I pretty tight; he did not atand .very well, would not be admitted to a £ eat in the Uni- L uarante ed to every person by the Fifth in abfut'fifteen him -” Iintendedto take him home; I Witness described minutely tho length ted States Senate if elected.’ amendment of the Constitution; aD } a nintol in faia hand though I had raflaence Over him; I was D [ t i m0 he was gone unlit hs returned to -Two hundred'clerks cf the Bank of “ment of the present law which ^ n ° f h bi “l ^e L EOt to the RaUten a particular friend of his. Coleman came H uffa corner. I was at Huffs corner France have petitioned the President of that permits the presence of armed forces at HaU entraice first- I s g poke to hirm and oa atter Coleman had nothing to say wben t h e pistol was fired; I raw Coleman . „ JZ T ,. rra T.,t 0 n to wear teeir l elections tb keep the peace, and the re- H.aU entranca tirsl.x *P • - tons; he muBt have heard onr remarks. I a ft er he was shot; I aaw him reel on the inaUtntion for parmiarfmiio ww to I ^ ^ 8 p ectioDa p of th0 Revised h® a.ked, ^ a ‘ r " I did not say anything about Gibson Btrae t and fall at Hnffa corner; I heard beards, a privilege now denied *• statutes which provide for the appoint- kew * a “ d ?J® . ,.A ,*• B would kill somebody; I simply said, I four shots, quickly fired in succession; I petition speakaefthe interdlcUcuM humili-1 Fedcral P cfficiaIa as Bnp ervisors | ±1™™* ^GiLon a«S^ JEt. I . wil1 8° over andlookaf ter him.-ft w_aa | di dnot know Coleman.. . @ ^ gronnd of overruled —rjpip uoxnmuzusia ui mow 25*5 ■ cess i eveu w ™ « r ,wvw to commemorate the eighth anniversary of ins, and thei. o .»a immunity from arrest i B ^ d .c A1 i r ; g ht.” Dautry something or another on 8raday evening, to by Slate authority, no matter how arbi- came ‘ nextj and a fter him Coleman day, and aremaklngqoitoextenalvo prepara-1 trary or ° u trageou3 ti^ir miaconduet. cime np . When I first saw him he was lions for it. Tbrre will be speeches in three I M ,* T ^Yon speIk of impartial ja- on tha ^8° of 8idawalk v“ ext t0 Btree,; _ ______ languages, besides a vocal ana instinmsntal rle8 . ep ^An not the modes of drawing ja- Qibscnaajd “who isthat?” Coleman re. i fco " tbe ' distance I was from Gibson I un uSy told the priaonerThe testimony oonoert, ihe pioreeds cf which are to be de- in tbe United States oonrts whioh are P‘ ,ed „ a t toward him whether he staggered or not. When I be won id give for him. He had been voted to ’widows and orphans of the exfiea beld in the Southern States the same as back. Coleman ets^gere^ towara i^m | 8poke> £ suppoaeJ he recognized me ;_he j 8e „ ed with ' in Sew Caledonia * Mr. John Sainton is to I are employed to obtain jurors for service I Becondt i n;Cf to “stand back.’’ Coleman ,_ » Coleman was facing . . .... 6 pistol was ra lection the following^clear, manner, taking in connection several re, quests of counsels from both Bides. Re marking that the occasion was one of of vast important to the defendant of vital importance to society, he charged as follows: Gxwtlxhew or thx Jtjbt:—Tho de fendant, Abner F. Gibson, has b en in dicted by tbe grand jury of this county, for the offense of murder on the person of one Denny W. Coleman, in this coun- j the article of death, and when fully ty, ia November last. T© this, indict-1 8C ious of his condition.” If you ment defendant has plead not guilty, and uw aw* —— r — * • ■ uu ui .to — □ ■ —Mr. J. Milton Tamer, ex-minister to T , havo no f onnda tioa in a solid, per- Llberla, li making speeohes in Missouri in ant pnblic p0 Hcy. The fallowing is oppotiUon to the proposed emtgrationof V, al[adEdt0 . colored people of that State to Libaria He jj eporter _ Wl ll thfte be sny general , advises them to etsy where. t ey » I | 0g i,iuioa at tbe extra ssfeion cf Con- tells them they can do baud? in Missouri j gr ^ 8s p I mated that it will rtqnirs from one hundred to one hundred and twenty-five trains cf ten cars each to cany the gangs cf welcome ad- | mixers. —The Vicksburg Hera'd nays: ‘The talk of sleeting Mr. Jefferson Davis to the United I „ I f-. fin da voa I fban that. There was no acquaimance I The State'here announced closed. immunity from arrest ** »li Daiftrv between Gibson and Coleman, that 11 Colonel Whittle, of counsel for defense, - 'have.” Ha Bifid, All right. _I)autry | j cnew . of . h e did not Hve in Macon; I dicl J r08a and atated. that the connsei felt pe- not know, except by hearsay, that he was I cnliarly embarrassed. The moat material connected with a show. I witness for the defense was in Jones Re-direct in rebuttal: I could not tell I. connty. He had been to tbe jail and vol- nesses who t -stify against him. To make dying declarations admissible they most be made by the deceased in tbe artiole of death, and when conscious of bis dying condition. And the admission of these eying declarations are limited expressly to tue cause of bis death and the per son who killed hica. I have allowed dying declaration to be given to you in evidence, under tbe legal presumption which, I think tbe evidence showed, that it was made by tbe deceased while “in ■jM" ■ con agree that they were made under these circum- saia me i . - ^ subpoena, but had not re- Pnlpman I recognized Mr. Bnrghard. Coleman was gpondod. Oa yesterday au effort was J la the State conits f ' I Co'leman was flcine a faw ,eet ' 08hind ^“^bard and myself. mada t0 get him and his brother. The preside. I Senator Basard—Not at all. The ae-1 bad been drinking. ^Cole . . .8 11 saw Coleman trying to get in at Ull-1 sheriff of Jones county promised, if pos- TSE Fzeoidei Di^STEa.-A correspon- - Q ttQ3 y States of jnroia i* prao- Mr-Q‘bson. Gibson s pistel was ra I ^ Bom0time bef0 rei the shooting. L iblet to baTe him in court to-day, but dent of the London Times at Fee th, ram- tio laft Jn lh0 digore tion of tho United band, pototrag towazgOHem^ mo When Qibaon p rea entea his pistol, 1 told ho bad Bot arrived. They, therefore, ra- maiiaing tho official and private accounts gtat68 njarahais, who generally aot under pointed his pistol as lo bltn no t to shoot Coleman, that he was quested that the Court take a recess un- - - '“***" K - •'hailed him. Mr. Gibson again told him j dnmk . Ha Baid> -Well, he has got to I £ t after dinner, which was done, the very friendly with Court elated that the defense would have to go on with the case at that timo. testified aa fol-1 aitzbnoon bkssiok. loing physician; I knew I At half past three o’clock tbe coart was was not acquainted I agalQ opened. The connsei for the ds- - patient, bnt I did 1 f eD80 stated that the mieBing witness attended on him f rom Joaes connty could not be procured ne *‘ d “y i„“° “ ot | and that they would close for the defers order, at ths Exchange SoleB rooms on Thursday, according to the New ‘York Euu, thegoaatecka were lat toe i^TT« I Sf»mj* !!“?£I off on the train to Gri.woldville soon 1 ^7,on ^hichThe killing'oocarred he figures: 203 ehaies of BrocMyn 0**^ | ^ by jSTwoods 1 Mr. Glbeon, and kte all takes drink; J | ^ j 8aw Coleman the next *»y a P-1 tehiseffiootedosomo work. He Company, 1«; 116 Miucs of NMsraGMLght d M j n8 ti C e Bradley, and the arbitary Jbink I **?»© money enough to pay parently dying. Hs was wounded on the I me t a friend, and he asked him to take a Company, 71@70; 53 shares or Williamebnrgh B0 ] eot j on of jar0Ifl b y t he clerk of the them.”and ran bisihandra.his^pocket. I ^ jd0> aUuta tothe front. 1 — - -- - ■ — Company, 86; 47 shires of Metropolitan I Federa i Conrtor the marshal has been beard something ratUe, andI.think it was Witnefls described the wound; Gaslight Compiny. 121; 25 shares of Man- aa8 tained against protest. In Maryland •“* ba « r0d mottal woun 1 ; i6 affao . ted th ® kidneys; I d "^ ab i ank t o him yet. In the even- hattan GasUght Company. 192. and Delaware the Federal Marshal enm- n°t know how many^fihois^he fired. ^At j examined the wound some; Coleman in y he M far regamed hie consciousness —Dr. Mary Walker Isnow troubled sato mons snob persons as jarorB as he please#, ‘b® fi A , lbe secc)li d shot I oot inside ot dted lhr f° °. r daya after of inflam- to know that in the alley near Black whether sherha'I wearhsr hat—a masculine I and there iano legal remedy. As a con- I ^“•^tb^raondehoti gowns.de or j matjon m tbe kidneys caused by *be Johnsoa - B bar , he had had a difficulty ssswsriaK giagg5adsa i-sfSSg ssS , more arter and a month or two back. cneer mm up, aua ao -eemm 10 wi.ua. ( Qi0soD ; fearing an immediate attack seated and is growing in intensity. _ | “sM^or-Did he go away ? (Oojec- I that h ® was going to die, or would not ^ red hii pistol Ha does not i emember I get well. Question—What did he eay ? Defense objected. Argument ensued. ] any conversation with Mr. Ciiett. He was nnfortnnate in allowing h<s appe tite for strong drink to overcome him thebriliff’ tbe*bailiff slunk and ehrunk, and I iog of injustice caused thereby is deeply IZ. ti ’ v..i seated and is growing in intensity. theDootorksptthebaton. Reporter—When were tho laws passed i . - =■ - Mob*8W33Co«so to TEXSEESSE.-The ^ t hege supervisors and depntv \^on mndo by the defeMe; snstMned.) Knoxville Tribune says, Mr. FMfltab I i®^^ leoeived a letter from Switzerland yesterday, I Senator Bayard—In 1870-71, and I I By the Court—What made you say he I ° H e acquired the habit in reqaeatlog him to secure emigrant passes amended in 1872, about a year or two . . *',.•*£ , eeemed to think he would uotgehwell? t hearmy, and had never been able toen- fromNew York for three Swiss families who after I went into the Senate. SThe neces- ^r-ra2m wra %bt P or ten^ fett^ dui.nf Waat d ‘ d he ? l* ld -’J,' I ., hop ! tirely rid himself of it since. sity forthe repeal of these laws is man! bar-room was p “ B n D- yon will have me decently buried,” and i Btat0ment waareftd from a written fes». When they were first P*®P 088d ^ When Coleman made the remark about a0 ®® ed me7a ^ c b° 7 J-. . . memorandum. The introduction of no aaw the danger to the peace of the comi- taklDg tb0 drink b0 nQ his hand imme- B J fba defense: Did ho _ y testimony by the defense gave them the try which they contained, and from my | fn ta his nookst. saving: “Pot ud I ttm0 ?f these dying deqlarations that ho I opemn)f aad the conclusion. Colonel hooo ,on will have Sata Hal1 ®P ane< * tot the defense. He sever J thnM made one of his well known eloquent and Direct examination "resumed: About | masterly appeala ; to thejw^ utUiatog Sailed from home last month. These Emi grants are ftom Mr. _Siiub’s own connty. They go to Gowan on the N. & O. railroad, and thence to the Swiss Colony oonnty. Borne parties are Mr. Anton Metier’s cionty vifie. this is the ierae yon have been empan- j stances—for if so, the law gives them tbe nailed and sworn to try. I same force as though the witness was The defendant when put npon trial is 1 testifying under oath—then these dying presumed to be innocent, and this, pre-1 declara*ioas should be considered by you sumption continues in his f&vor until his 1 aad weighed ae evidence; but if not guilt 13 established by the State beyond a I mad e under these circumstances, th-» reasonable doubt. J they should not be considered by you as If it should appear in the evidence I evidence, or have weight in the verdict that the life of the deceased has been I you make . taken by the prisoner, at the time stated, | As to the defense of insanity relied up- in this connty, the legal presumption I on j a this cause, the court instructs you, then is that ths killing was murder, and .< a p-rg-B shall be considered of sound this presumption Continues until proof is I m ind who » neither an idiot, a lunatic or submitted to yonr reasonable satisfaction I a {tided by insanity, or who hath arrived thatthe killing was not done with malice, I a t tbe age of fourteen years, or, before that it waa not done with deliberate in- I that age, if such person knew the dis tent to take away his life—that it wa9 I tincticn between good and evil.” done under such circumstances as show I jf a maQ has sufficient reason to dietin' that it was manslaughter, either volnn-1 gu ish between right and wrong, in rela- tary or involuntary, or that it was justi- I tion to the particular ace about to be fiabte tinder the rules, as will hereafter j committed, he is criminally responsi- be given in charge, or that it was done I b j e , jf he has knowledge and conscious- at a time and under circumstances that | Dess that the act he is doing is wrong in establish to your reasonable satisfaction lbo eyo 0 f the l.iw, ho is of sound mind that the prisoner was not responsible, on I ^ memory, and the subject of punish- account of the condition of his miod, for I men t. the offense with which he is charged. The insanity which the law recognizes Homicide under our law is divided into ng aB excuse for crime, must be such as three grades—murder, manslaughter and dethrones reason and incapacitates an justifiable homicide. To eacb of these l I individual from distinguishing between will now proceed to call your attention in I right and wrong. An exception to thiB the order stated, and it will be tot you to I ru i e> however, is where, in ccnse- apply the facts of the caso as disclosed in qnec08 0 f some delusion, the will is the testimony, and by your verdict, de-1 overmastered, and there is no criminal termino to which giade tho offense here intent, provided the act itself is connect charged belongB. - I e d with tbe peculiar delusion, under Murder being the highest grade of I w hich the party charged is laboring, homicide, is defined to be ’’the unlawful j j)at the law presumes every man to be killing of a human being in the peace of j 0 f 80un d mind till the contrary appears, the State by a person of sound memory I and the harden of proof is on the defen- and discretion' with malice afortthonght I dan t to show tfcat, at tbe time of the either express or implied.” _ I commisaion of tbe act, he was not of “Express malice Is that deliberate in- J sound mind, ana this ought to be made tentiou unlawfully to take away tbe life to appear to a reasonable^ certainty and of a fellow-oreatnre, which is manifested to the reasonable satisfaction of the by eirenmstanoas capable of proof.” I jury that at the time of the commission Even in the absenoe of express malioe, I 0 f the act tbe party did not know tbe the law will imply malioe, when one slays 1 nature and quality of the act, or it he another, where no coniiderable provooa- I d ; d> d ; d BO t know that the act was tion appears, and where the circnmstan- j wron£ ,, _ . oes of the killing show au abandoned If you believe that the mind of the andmalignsntheart. Either exprcs3 or im- prisoner was affected by the use of ar- plied malics is a necessary element in the den t spirits at the time of the alleged crime of murder. It may be shown to J homicide, and that when free from such be express by proof of tho oircumstanoes influence he was or sound mind—that is, attending the homioide, or the jury, un- w hen free from the influence of ardent der the law, may imply it where no eon-1 8p - ir jt Sj he was capable of distinguishing Bidarable pfovocation appearing, and the I between right and wrong, then if he oiroumstanoas of the killing Bhow an voluntarily deprives himself of reason by abandoned and malignant heart. intoxication, and commits an offense Malioe, either express or implied, dots w hiiein that condition, he ia criminally not mean that the prisoner should have responsible for. it. “Drunkenness shall ill will or hatred in his mind or heart not be au excuse for any crime or mis- against the deceased. One may kill with I demeanor, unless such drunkenness was malioe when no auoh feeling is enter- I O0Ca8 ; O ned by the fraud, artifice or con tained. To illustrate : Supppose an I trivanoa of other person, or persone, for nnmarried female bears a bastard child, | th0 pntpoa e of having a crime perpotrat- and to Bave her character and good name j edj and t hen the pereon or persons so she puts an end to its life. Her heait I caag i ag said drunkenness for such malig- may ding to it with maternal fonanesB, I nant purp08e shall ba considered a prin- aud yet, if she loveaher reputation more I c j DB ] » g QO h is the plain language of our than her child and to aave the one she ‘ nal code destroys the other, if a he doea so with the 1 j c harge you that if a man makes him' intent to takfl Ufo 8bo hta dono bo with j y^untarily drunk, that is no excuse malice, and ie gillty of the crime.oi mnr** I j Qp an y cr j me he may commit whilst he der. So ona may kill a stranger, one I j a g0 ^ jjo m ugt cake the conBe«[uenceB of whom he has never seen, against whom hIa own vo i an t ar y act. he has no 111 will, yet, if he kills hlmwath I - 3 insisted, aa I understand, if the intent, without any considerable proro- prlBOner wa8 overcome or frenzied by cation, the law implies malioe, and; he is I j ic . aor untd be knew not what he was do- gnilty of murder. Msbce in law is . ’ and if h0 did take the life of deceaB- eimply anintent to kill a human being in j t ba j be bad no malice againBt him, aoase where the law wonid neither juati- j conct instructs you, if he voluntarily fy nor in any degree exonie the intention pUced bnn , e lf in that position and con- Hf the killing should taks place. Where I ti nued to inflame himself with liquor un- the faots show tl l a * ,f h ® P rIsnu ®F ■“** at til he had reached such a pitch of frenzy the deceased, and killed him, although no I <hmt w ; t hont any caufio that can ba aa- motive o? anger or proveoatlon ^waa j B j_ ncdi be8 i ew deceased, there canba no proven, the law will Imply malioe from I 0 * cage for mad ness, bnt it tenda to show anoh reckieae and wanton trifling wi.h I & beat t of fatality bent on mischief, human life. You are, on this nranch of the case, not to Voluntary manslaughter is the iralaw- I addre9B yourself to the question, was the fnl killing of a human ereatnre without I de f dnda nt, at the time of this alleged .:ik„ ATKMia np lmiilind. ftnd “'‘"““““I . .. . - , . - POND’S EXTRACT THUGRE4T PAIN O’STRQY A AND SPECIFIC FOR IN FLAMMATORY DISEASES AND HEM0RRBA8ES, R Kf>n rn n.tl qm *F° other known crepara- £VucULUd.LioLLl. tion however performed such wcauxam crass of thi< distresungdii- ease m its various forma 8oHerers who h*ro tried everyttung else without relief, can rely upon being entirely cured by using Pose's Jtx- twaor Npnrnlfrin All neurahrio ps'.m of the lvcUrd-lgld. heed, stomach or bowels, are speedily cured by tree use of -.he Extbact. No other medicine will cure as ouickly. Hemorrhages. SgZtStt ,. nal.it is always reliable, and is used by PI-si* ci&ns of sll schoo’s with a certainty of success. Por bleeding ot tbe lungs it is invaluable. Our Nasal an-i Female Synngea and Inhaleis are ma terial aids in cases of internal bleeding. Diphtheria and Sore Throat. Used as a gargle and also applied externally as directed, in the early stages of tbe diseases it will surely oontroi and cure them. Do not delay trying it on appearanceol first symptoms o! these dangerousdisMaes. Paf-.jT.rVi The Extract ia the only specific for VjUbiUTu. this prevalent and distrrsiing complaint. quicklT relieves cold in the head, etc. Our Nasal dyring* is of eitrntial service in these wa Sores, Ulcers, Wounds and Rmicoo it is healing, cooling aud cleans- oji uiaca. j, v. The most obstinate cases are healed and cured with astonishing rapidity. Burns and Scalds. U wnrivaU—d. and should be kept in every family read; for use m case of accidents. Inflamed or Sore Eyes. without the slightest fear of harm, ouickly allay ing all inflammation und aorenesa without pain. Earache, Toothache and Face- ar>Vio It is a panacea, and when whan used. ak/UC - according to directions its eflect is sim ply wonderful. Pil oq Sun. Blbxpiss ok Itchibo. It !s- J. lies, the greatest known remedy, rapidly ava fauoL _. curiHg when other medicine* have f For Broken Breast. Sore Nip^ nl oa Aocs IB Eu.tR The Extract is ciean- uicd, i y sn(1 efficadoui, and mothers who Dave onoa used it will never be without it. Female Complaints. in for the malority oi female diseases i: the Ex tract is used. The pamphlet which accompanies each bottle gives full directions how it should be - applied. Any one can use it without fear of harm.. 0*UTI«»W. Pond’s Extract SSgaSgSSr has the words “Pond’a Extract.” blown in tbe glass, and Company’s trade mark on surrounding wrapper. It ia never sold ra balk. None other is genuine. Always Insist on having Fond’s Ex tract. Take no othsr preparation, however much you may be pressed. . - . Prices SOc. it and $t .78. PREPARED ONLY BY FOND’S EXTRACT CO. N eH YOBE AND LONDON. Sold by all druggists. octlSd wed thr fri wly -nxt rdingmt —Daii:g the past month there hi3 been I each State a marked decline in enbrcii; tlons to the I ra consistent government4 percents, the weekly total | Gfie WaLking AlatCb having fallen off from the week ending February 8 to *9,245 700 for that ending [ AND THE OTHER MATCHES. March 8. Under tins decrease in the do es he got in the said Sat wSeilwS MtVeMTof to- detcribed, that is on the olher edge g ° aid J thrc^oVTonrtime^ «nlty, it was so near akin that the law, . , | of tho sidewalk. He hsd jaBt stopped. bu * lfd ’xJwad raitscharity.shouldcoverit. Hoatteoked At 1 o clock yesterday the Biore of the TWs Wi . B 03 cherry street. My alien- aad oa tk ? d:h ® s*'l®. L deoision of the Supreme Court of the __ , , _ ntsstants was as follows: Sowell hnd j tion was called ro Coleman when Gibson ta “ a k® him think the wound was not gt proaounoing it formulated non- below par. This decrease is attributable acc liahed ^ 71 ^ii e?) Ennis 447 and hailed him. He hsd itopped ;when my mortalI. Ho o«10 ihesa declarations I ense> I ' Eeferred In eloquent terms to partly to the demand for money incident to _ -n hi nt K _ ,, th attention was called to him. Gibson had ab °? 1 1 . a ?! cal e . ? tt° Mr. Gibson’s services in the army, and SU-imkwiwm £:U> «»*■ Sd..u»ui«w~ito —’The Italian ministry of pnblic works has I 600 miles in six days, and no donbt it will I tba ^oMt'of'lhe S L jI1oi- I son"who killed him, and tho cause of his I hoa J® Dined the coneeeslon for the conetrnctionof be made good by Rowell, who had only X.ed the jn??^ manner, by death. . the rVeeuvius Railway. The lino will ran twenty-nine miles to walk at 1 o’clock pulling np his ooat very high and turn-| By the prosecution—Coleman never ! ctg airaved aoalntt along that part of the mountain which has terdaytandel0T0n hours to complete lug around with his baoktothajary ssld anything dixeotlyM to who shot \ llkea solid bulwark? He been proved, after the experience of many . exposing the pistol poeket when tho re- him. I asked him tf txibson waa stand- p anrp»»8ed himself, and made years ta be tho least exposed to tho erup- I , • I aoaik was made.]] 1 heard two or three I ing in tho door of the entrance to Ril-1 .,. b08 t speeohes of hi# life. Hons’ Tho works are to be commenced im- The excitement over this useless piece 8hot8 j n that vicinity efter the first firing, ston Hall, when ho shot him He assen- ° ( authorities were read and -«->■ 1— 1—.I- ■■■» w..n I ...IWth. I M » toU—to. .U. G.b- *ZSSv^SS3».»»1 lot. a,, doling the pnarat jmt. « — | *}«.*» -BP’ 1 — 1 — of ““ JJ***” 7u It. iSitlon of Mr. Ool.oui’. MnJl ’b/ Ui d.r.Me—Cdim.n 1-1 been »“ “•?' fjfjf J”"*“" 1 ' number of carriages are being bnilt to con- Gotham; but, as appears by the press ffom th8 ^me he was hilled dll ho was my patient a year before, but I did not ** mu‘ the^adiourned until this vey BOO person# during tho day. Tho line ia telegram, tho oonteet i9 a mere gambling shot?” They wera np and dowain front know his name. I did not know any thing 1^® ''"“"g 1 ' o , clock J when Solicitor to be constructed npon an iron bridge, bnilt I affair and filthy lucre underlies tho whole I or him (showing jury,) by extending I about him. Ho aeomed to ba a very I-r. _:ii COB clu d e forth# State, and after a patented system performance. ^ ands “ “ - 1 disked fiJo* T* didnot knoS° Vhit was^S wi» b® fallowed by Colonel C. J. Harri* Baaraix. arm Trmrax. - According to a Tb0 telegtamj BtlU rem9 i a B1 i ent over {JPJJS h I noti^d¥V« ^kel^hen SSriSsf Whit do ^on underatand bj iot tho defense.. The ibtereet wUlcolmi^ dispatch inthe Bt-Loni. Globe-Democrat ^ ^ Md eatiog ooot0st9 , fSfSS ttel? I d® not know a ^ U»te thb mormng, and tho Conrt-rooa a .L..» 4k. (fk.i I kail mIoFaI of. h!a oir^A nfiil nn hf* llln I tnah mmnrA I 06 p»ClCO« SECOND DAY. At nine o’clock yeiterday, the trial of Mr. Ab. Gibson for mnrder waa resumed Mr, Randall, illudingto hiavititto New, I ^ never add a word aboat tho “hoi- had his pistol at hi# side and on his hip Uuoh word. York, say# that tho friends of air. IMml. . thA t la part cf the timo between when he Rebuttal—I think Coleman was a very have been In communication with the party Iet,n S »nd jump ng 10 ” 8* «- firat p 0 [ nttd it at Bnrghard till bo fired quiet man. I know nothing aboat bis leaders In different sections of tho country, Rsokensaok Trio. Toe English obampi al Oolem&n. temper. and they are assured of an almost universal I on sleeper i3 said to bs a lineal descend-1 Cross-examination, conducted by Colo-1 Sol Isaacs testified: I know Mr. Cole-1. tb0 superior Court. Tho interest in readiness to demand another candidacy on ant or tho fat boy in Piekwiok, woila his nel L. N. Whittle: This happened after: man; I do not know his inittals; I think JL _ n . bafced and at tbta ear jy the ground* of isjietise dono him In tho I leaning contestant comes from Sleepy I dart, between 7 and 8 o’clock. Tbe I he signed his nune D. W.; ho w*b called j . at! ft «arA R««v«.h»t Mr TMen n 7 .. h. j-. T«fr.,. n n tn l*mw were not lighted. I think the “French,” Coleman; I have known him hour the benohea ra the auditorium were *r^ronil to H °| lowandIalraoedby ^ oa moon was shining. The light shohe from four orflveyears. k saw him after he comfortably filled with spectators. As hlm.elfisin ex.ellen. heallh, and equal to B direct lino from Rip Van Winkle him- th0 reataurant ; it was very light at the wa# #hot about thirty-five feet from . . ore away ©there came in every tmergenoy of a campaign such as that I , —t —u — 1-ti.in. „.— a— m.» «.ir .u I” ■'* of 1883 i« -destined to be; that the battle. ] ground of tbe campaign will be in New York, and It Is of great importance to nominate a j candidate who cornea from that State. AN ELEGANT PREPARATION Designed to meet tha pnblic want for a harmless h«ir dree log and restorative, a found in Porker’s Hair Balsam. It aot# like SoraalSS^ff^d all ^humors ton thU I with sleep/that it could be cut ra alicee, scalp, and never fails to restore gray or [ and the very police who rashed into the place of the shooting; I could see him I Hoffs store door. The fair week was . - . .. . Deopl8 These dongnty sons or morpneasanouia i plainly. Gibson was standing right in over. Iheardtwoor three shoUhetore until the court ‘ r °° hvhi. oonn . . / y the coor or entrance to Ralston Hall, left 11 got out of the house; he was stopping The prisoner sat surrounded by hie eoun have created n sen.ation ra a sensational I ^ 8 j d0 M y 0U ^ 0Up . x was on his left I at the Binswanger and Heyman Hoase, I W hHe the State attorneys sat ashort place like New York; bat the truth rs, Bid0( Oibeon has lost his left arm. Bor- formerly the Issaos House, I got ao- 1 diatjaoa 0 ff. Mr. C. L. Bartlett, Solid- every witness of the fight, including re- I ghard, at the timei of the firing, was I qnainted with him at th* hotel. When I , d addressed the oonrt norters went to sleen so soon as he en- standing almost oa a line with Gibson heard the shots I went up the street to tor General rose and adorewea tne oonra r,T,C n!,i .„n P h-f n r fl >,„. nn ,d ran I facinghim. on theleftof him. I was a j aee what the diffipnlty was, and^asw Mr. | and jury. He launched boldly into the tered the hall, even before he conld rap a note of applause. The air wasaothiok facing little in the re&r. Dantiv was standing, I Coleman lying on dde- positions taken by the opposite oonnseL faded hair to its original yotvbfol color and beauty. Falling hair is immediately cbecked | by its use, and it prodncea a growth of beau tiful young hair, soft, glossy and luxuriant, that surprises everyone. These properties I added to its exquisite perfume ana pnrity of composition, render it the growing favorite of the toilet table everywhere. Boy a bottle from yonr druggist Roland B. Hall, and teet j Us merits. • MANZ LADIES Suffering from Nervousness. Painful ball to suppress the loud snoring, began to nod so soon as they passed the thresh- held. reporting this novel contest: and tbe common apprehension felt In sporting olioles yettardsy 'waa that tbe oon esi wonid end in the death of all the parties, nnless they oonld be awakened, by some waytewhich ttSr^SeW? may bo™ rffec- tremendous explosion on the outside, for across ornottoward the restaurant. Ihad him, I think on his right side. He gave I ’ His very soul was in hio work, and his just left Coleman. When I left him— me no answer to the question as to how a unJent br i 8t iad with legal points, and Did vou uot presume that Coleman car-o I he wae feeling. He waa intoxicated, and j « . « a inftv anotaia over diaeonally after yomand Bnrghard? did not answer my question at once. He abounded ra eloquent and lofty appeals Objection made and sustained. I cannot I said that same evening that he thongnt f* r justice and the vindication of the state whether or not he went diagon l y I he would die. J don’t remember wbetcer | Not a word of abuse was uttered across. The week' before waa the Fair he said who shot him before or a'ter j nafc the prisoner, bnt the case was , UD UJ. — , I toxicated—very muoh so. Was be ra- member. It wan tbr^e-qa-ru-r- of an gravity of the offense against the law nursing mother, exhausted by the care o j Wardle exolaim.aa be often did daring the I ^ ioaa i p obieotioa m^de; overruled, hour after be 4ras shot before he su'd any- I aa1 ^ np m f n u T j e ir of the jnry. her little one finds her etrMgth and nervee somniferons oareer of Sleepy Joe “flims When I went np to ttibson he askeu thing aboat the sbootiDg; a doctor had certainly the noblest effort of I that bo,.” gsfx&ptsrz ™ ^ The eating match goes on with * ath « r I i^ari^afo^nme^anguSgl* G^b*ou Q.-->Viiat did he say a* to who -hot him J of complimenU from all aide#. Colonel taally regained, relit f from pain obtained, I which it wes pri posed to bring a battery fort tboa eecurod, li imptod throng milk to hu bmbd, m4hing the little one ed^o^reireehbig fe^Siy^lWO botU^ diminishing interest F-ve of the nine i pia , ul onc « « Bu. tt a.iu ' * * J ‘ contestants bare withdrawn with th® I Barghard aod D&airj ®re frieoiij ^lth cholic, aod the difference between the J Gibson am far as I know; do Dot know of lowest and highest of the four amounta difficult, between ^hei. Gibe.0 ° . , ... , drank, and did not know wn»- be «»® only to a roast pig, a doz-n quails and ten doinjr npt i,gh. «9oo"h te- bim pounds of roast beef, with corresponding I to see end recognize me when I came up. vegetable*. 11 was not tn the right when I *1*0*«■ 1 from your druggist, Boland B Hall, or sample bottle at 15 eta , and test its merits j ant-3m- qtJEKfl, ISN’T IT, Now (art all smoker* are leurnina tlat ■Duke’sDniham” emokingT/ibarco 1* tn«best? ,k your dealer tor it, aed take no other. juiM oodkwiy -ud u.e cause of his dealri? A.— I asked who rbat'him aud he did not answer the qa.-r.tiau, bot su’d thvt it wa* a ,h u.6 ’ r h-"- ’ * Dl,r. on tbr SfputJ (T- .a w*a roll'd vote, ti*G:ir). I-Sektd btm vaoea’enlv who *nnr riiro. Orass-examinaiioti—Iuon’tkno-v where I uj i-aio vw; tie wa. an liioeruLt; he Charles J. Harris olosed for the defense. He is well kitown at thia bar as one of the most powerful and reliable advooates. Tue ground* of: defease were two in sum bar: first, the defendant was at the milioe, ettherexpreeaor impllad, and homio - td0> un d e r the inflnenee of intexi withont any m«xtnre of deliberation what dr j nkaj but’would he nave had ovra—which may ba ■ Totantary npan e I memory discretion sufficient to bave sudden beat of pasaion—or I distinguished the right or wrong of the lo Ute cwMBlUw annDHwfnl eet.or} „ nio h he is charged, if he had a la wfnl °l ‘ _ not been bo intoxicated. If so, he would clroamapeotion. To rednoe, havcTer, a I. jjgnonsible for his acts, boraioide from mnrder to manslaughter I qi be teat of memory and responsibility there mnst be some « c£u f, for o^^ isto to applled when sober-1 tho person killing, or an attempt b J th ® I ao t when drunk. Drunkenness,like all the peraonkiiled, to commit a serious person-1 k 0r pr0O f f m ay be looked to, to see si injury upon the person killing, pr oth-j wh0th# ' he had the intent to murder, er equivalent oironmstanoeii to justify J* * ou ar010 iudgeof h is capacity when the exoitemeat of pabsioo 9 aod to exclude 1 - from the immediate icfluence of in- all idea of deliberation. I toxicating drinks to determine whether word?, threat?, menaoej, or contemptuous “ “ s^ble. The question is not gsstarea, shall ra nocaae, be iiuffiolent J wb0tber ^e defendant had a mind equal free the panoD killing from the gul j ^ ^ oE ot h 0r s, nor whether it*was and crime of mnrder. tfm*| equal to what it formerly had been, but te the result of * kat a ® dda ® Nra,ther at the time of the commission pulse of passion supposed to be irresist-1 ^ ^ jj f rea the influence of lbi * - I intoxicating drink, he had the capacity To apply this definition to the oase nn-1 and to know the aot with whioh der consideration: If you believe from | b# -g cbarg0 d was wrong, then he would, tbe evidenoe that at the time of the ahoot- J suable for its consequences; otherwise log of deceased by prisoner, if b ® ** ho would flos be . sboot bim, the deceased had made an so* I « ln kba ordinary condition of bis tnal assault upon prisoner, or that deoess-1 m ind,when free from the excitement of ed attempted to commit a serious person- I banort vas regular, capable of under- el injury on prisoner or other equivalent etaod j ng moral quality of his acts, of oircumstanoes to jnstify | exoitement I pgaking.reasomng end acting eoherent- of passion end to exolnde ell idea of de- f be TO luntarily deprived himself of liberation or malioe^ then the kfliing I rea60a b j intoxication, and committed an would be reduoed from murder to rata-1 ftc( . - a tbat condition, he is responsible, slaughter. otherwise ho would not be. Justifiable homicide, ia the killing of a j An insane man is irresponsible for human being by'commandment of th® I crime, whether drunk or sober. Aninor- lsw in execution of pnblio justioe—by I dbia te thirst for liquor, produced by the permission of the law in •advancement of I bab jj 0 j drinking, is no excuse, either publio j ns floe, in self-defense, or In de- j j ega uy or morally for the consequences fense or habitation, property, or person, I resulting from the indnlgence of such an against one' who intends by violence, or I ap p 8 tite. If the habit of using intoxi- anrprlse lo commit a felony on either. ] eating drinks or opiates has created a I repeat: To redace a killing from I juried unsound conditUn of the mind—« murder to maualaughter, there muat be J frenzy or insanity, and auoh un- gome'actual assault by the person killed I aaaad neaa went to the extent of leaving on the person killing or an attempt by I k | D srithout capacity and reason sufficient the person killed, to commit a serious j ^ enable him to distinguish right and personal injury on the person killing, Or I wron g u the partlcnlar not in question, other equivalent circumstances, to justify j 0nd t 0 deprive him of the conreiauxnM* the excitement of passion. To reduce a! kb#k the act he was doing was wrong, and homicide below mnrder and manslaughter J W ould deceive punishment; he would not and make it justifiable, it must appear j b0 responsible for hie acts in that condi- that the person killed manifestly intended, | tion or endeavored, by violence or surprise, to j j> a r- 8 j. y 0a b&ve considered the evi- commit a felony on either the habitation, l d0n ee and applied it to tbe law of the property or person or the one killing. A1 cai6j you should have reasonable douots felony is snoh an offence as subjects a J 0 j ^lia guilt of tbe prisoner, you should party to confinement for fixed periods [ KiT0 the benefit of those donbts and in the penitentiary on conviction. | a oquit him. All olher instances, which stand upon 1 q. be rea80 nable donbt that should ac- the same footing of reason and justice as j must bo pertinent to the mu* and these first enumerated, shall be justifiable I ar isin g out of the evidence or tho rraut homicide. If you believe, then, at the I eT i d ^, C8- time of the killing the deceased was I JJaasonable doubts are such as leave "manifestly intending,by violence or aur- J tbe mind unge ttled and uniatisfled as to prise, to oommit a felony on the habits- 1 tbe Rud j 0 £ the prisoner. It. is not a tion, property or person of the prisoner,” j donb ; founded .on a mere caprice or fan- and he alcw him in defense of either, then 0 _ bu6 a reasonable donbt, snoh ms tbe prisoner ie jnstified and you should I a0DS ; b le, honest-minded man would r*a- acquit him. Or if yon believe the eir-I gonab jy entertain from tbe evidence, of oamstances attending the homicide were tb e accused. If the mind of the juror te equivalent in their justification of the de- waTer jng unsettled and cannot he satia- fendant to the eame extent—that is, I ded f^oco the evidenoe Whether the de stand upon the .same footing of reason I f en dant is guilty, he ought to acquit. A and justice as the one who defends his | i^riict of guilty should uot be rendered habitation, property or person from one I aa j 888 theproct is plain and mainleet. wno manifestly intends or endeavors, by statdciwt ot tmso«* violence or surprise, to oommit at' felony 1 ' fT,. , i..*., on either the habitation, property or per- Under the law, the d-Zeadan^ i allow son ot the one killing—then you shoalaac- I ed to make his statement, detailing trie oaths. You may believe it, or disbelieve it,—believe it in*part and disbelieve tho balance; its credit iB with yon. By an act ot onr Legislature, approved 16th December, 1878, it is provided: “Ihe punishment for persons convicted of mnrder shall be death, bnt may be con finement in the penitentiary for life ra the following cases: If tbe jary trying the same shall ao recommend, or if tbe con viction is founded solelyon circumstantial testimony, the presiding Judge may sen tence to confinemen: in tbe penitentiary for life. In the former case it is not dis cretionary with the Jodge, in tbe latter it is. The court then charged the jury by re quest of the connsei cf tbe State, that it was not necessary that tho Solicitor produce and examine all the witnerseB on the bill of indictment and then directed the tbe jury to retire and make up their .verdict. At the cpnclasion of the charge the jury retired and were locked up at about two o'clock. About 3:30 o’clook they eont to tho Judge for instructions on a certain point which required the consent of counsel which could ba obtained. The Judge directed if a verdict was reached by twelve o’clock list night-to send far him. No verdict was arrived at, and as the clock struck twelve they were taken to the Lanier House and lodged in room No. 33, where they will remain until to-morrow morning. It is uot likely that a verdict will be made np and a mistrial will ra sll probability re-’ suit. Tho interest manifested by the citizens is very great, and the action cf the jnry looked for with almost ftverhh anxiety, although tho impression ie gaining ground that a mistrial will re sult. Tbe following is the statement ot the prisoner t A synopsis was published jee- t9rd*7, but as there.has been a wish ex* pressed to see it entire by many, and in juj’.ioo to the accused we presen t it: STATEMENT OT THE PHISOf.EE May if Please Tour Honor, and Gentle men of the Jury: I have written a short statement of what I know in regard to the charge against me. I left home on Sunday morning, the 31 of last Novem ber, for the purpose of doing some work on my books at the warehouse of Messrs. O. G. Sparks & Son, and had engaged the services ot a friend to assist me. We met by appointment, bnt before going to work I proposed that we should go and take a drink. Unfortunately, I took too many, and did not get to the warehouse at all. I did not go to my dinner, but remained down town and kept drinking until I lost consciousness—at least a por tion of that day is a blank to me. This habit of drinking to excess was acquired while I was a boy in tho army ot Vir ginia. It acquired much greater force over me after having lost my arm at Malvern Hill. In fact I have never been ub’.e to shake it off, notwithstanding my repeated efforts to do so. Later in the evening I ust have recovered my senses to some extent, for I remember being ra what is known as Black Johnson’s alley with a friend, and that some words passed be tween us, and I was struck on the back of the head and knocked down. ’ I know X felt very indignant, and tbongbt I was very roughly and unjustly treated. I rushed home, only a short distance off, aa fast as I could go. I got my gun—I had no pistol—aad immediately started off to look for the party who had struck me. I unexpectedly met a friend and exchanged my gnn for a pistol, aud while standing in the entranoe of R ilston Hall, on Cherry street, etill holding the pistol in my hand, a man approached and ad dressed my in what I considered a threat ening manner. I warned him several times to keep away from me. He made no reply, and started to put hie hend in his pocket, and I told him cot to any weapon on me, that I was armed with a pistol in my baud, and that I would not allow him to get any advantage ot me. He paid no attention to what I said, but ran his hand in his pocket, and the impression made on my mind was that I would he oompelled to defend mjr- teif against an immediate attack, and I fired. If he said anything, or made any demonstration towards showing me ib*t he had no weapoa (as testified to by Mr. Askew), I never heard it, or ea» it. Ob tha contrary, I can prove by Mr. L. J. Phillips, that this man whom I shot did have a pistol, and that Mr. Puitiipa saw him drop it, and another man pioked it np n< he ran off. This, Phillips tola me in jail voluntarily. I would judge this occurred in fen or fifteen minutes alter 1 received the blow in the alley. I do not recoUeot having seen Mr. Ciiett on that day. nor do I remember any thing he tes tified to to«day. shall no r be snffici»nt to justify th* kill ing. It most Appear that the circum stances were sufficient to excite the fears privilegs >o make it, and i: iB v»urduty » many swore i n t id«r it. and rive such weight to it • “nJl, *~u. * tub* csith i wen oil Prepared by 8 8 LYN DON, Aiheu*. Aram, Ga. December 8,1877. A few nights finoo I gave my conosc doss Worm OU. ana tho next day he pasnoa mtseu Urge worms. At the ama tune I gareono doo to my little girl, tear year* old. and the passed rtgrty-U worms, '°V? Aram Ga. February AS. IMA But tty child, fire yean old, baa *ymptosu101 Worms. I tried calomel and other worm *sdr- eriw* bat tailed to <-xpel any worm* Baiu’* oorWficato, Igot a Vial of you* Wurm OD and flrtt cow brou bt tarty worm*. *nd tb* »«•- J ■ cad nurtioau tune of tho killing not of Bound memory of any reasonable mas, and thatthe party r —„ . . _ 8 Pi ADj to ion ider it, and give snoh weight to n, • gam, a z«Biar, wool, and ret, acts, aa think it ia entitled to underjw* * tunc.