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EDWARD D. WORRELL. 13

years. We all read lately of Huntington in New York, a
wealthy nabob, who had for years been practicing forgery.
He set up insanity as his defense. Who is to judge of this
but the jury? Judge Coalter only stated to you what is true,
that you are the judges, whether the defendant is insane or
mot. The defendant is charged with the murder of Basil H,
Gordon. To this is presented a double defense:

L. The killing of Gordon by defendant is denied.

2. He is an irresponsible being and therefore incapable of
erime.
I must recapitulate the testimony. Though I know you
have paid attention, my duty is to reeall it briefly to your
minds. If Worrell and Bruff were present, aiding and abet-
ting in the murder, both of them were principals under our
statute. Whether the one or the other did the act, only cre
ates in the law a distinetion without a difference, It is imma-
terial which shot the pistel. Although the indictment charges
two counts, if either be true, you must find the prisoner
guilty—unlese you find that at that time he was insane. The
indictment charges the murder, and that Worrell committed
the act wilfully, deliberately, premeditatedly and with malice
aforethonght. The argument of defendant's counsel, I think,
to be an effort only to grade the degree of crime, and if possi-
ble to reduce the same to murder in the second degree. This
murder is charged as having been committed wilfully, de-
liberately, premeditatedly, and of malice aforethought. The
legal explanations of these terms have been explained by
the counsel who opened the case. In defining the meaning of
the word ‘‘wilful,”’ ete., if the act was done in order to per-
petrate a felony; it is, in such case, unnecessary to prove
express malice, Then I say, from the evidence, there was
8 robbery committed in this ease. Strong circumstances tend
to show this, Then, premeditation will be presumed in this
ease by the act of the robbery. Malice is of two kinds, ex-
press and implied. Maj. Wright seems to think some fact
to show express malice must be proved. I assume it as proved
here by the killing.

‘We admit it is necessary to prove wilfulness, deliberatenesa

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