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EDWARD D, WORPELL. 1B

rel The defense has taken a wide range, to which we have
interposed no objection, beginuing as far back as 1831, We
have on the part of the State come up step by step, day to
day, month to month, to the fatal January, 1856. Defend-
ant’‘s counsel tried to excite your sensibility on account of the
remarks of Mr. Coalter upon the amiable character of Mr.
Gordon. Would not the defense have promptly shown it, if
Gordon had been a rash, impulsive and violent man? Would
it not have been a strong point in the defensef We do not
wish to create any excitement. We contend this is a case of
murder in the first degree as charged in the indictment, and
that it was committed by the prisoner, wilfully, deliberately,
premeditatedly and of malice sforethought. Now, gentlemen
of the jury, if you ean find from the testimony that there is a
want of the requisites of guilt in the first grade of murder, give
the prisoner the fall benefit of the same. But if the plea of in-
sanity be relied upon, you must find whether he was laboring
under it at the time he killed Gordon. All other temporary
symptoms, else, are of no avail Can you, from the testimony
find that, when he killed Gordon, he was incapable of knowing
right from wrong? If you do, acquit him. If not, was the
Killing wilful, premeditated, deliberate and of malice afore-
thought? To constitute deliberation, one minute of time is
aufficient. I again state the definition of malice to enforce it
tlearly on your mind. Was the wound accidental? Was
Gordon robbed by any others than the two men in
his company? If you have a reasonable doubt of this
you must acquit him; but that doubt must be aa to the whole
case. I know you feel your responsibility; and that you
must give your verdict contrary té all sympathy and mere
feeling. It is equally disagreeable, gentlemem, for me to
prosecute in this case, as it is for you to decide on it. I doubt
not you have made up your minds. You saw the manner and
the intelligence of the witnesses, as they gave their testimony.
Yon are then ealled on to find him guilty, if there he no rea
sonable doubt on your minds. If you believe before he killed
Gordon he intended to rob him, you must say the State las
proved all that constitutes express malice, I shall not detain

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