Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1816-06-12

-
sequent to passing the law Of 1894.
In the case of the Commonwealth VS..
mulatto Bob, tried ut Easton in 1895, be-
fore Chief-Justice M'Kean aad Judge
Smith, it was decided by the court, that
since passing the law of 1894, the intention
still remains the criterion of the crime
that the intention of the prisoner is to be
collected from his zvords and actions,
and that on the suppostlon, a man, with
out usterlnS word, should strike another
on the head, with an axe, il would be deem
ell firemiditated violence.
In the case OF the Commonwealth VS..
O'Harra, tried before Chief Justice M'Kcan
and Judges Shippen and Smith, in Philadel-
phia, IN the year 1897, the court held, if
the murder be committed with an mstru-
meAt, likely TO Kill, it is wiful and that to
make it deliberate and hyemeduatcd, the
party must have time to reflect and to
frame the design, however short the time
may be, and must intend to kill.
1t the defendant has time to think, and
did intend to kill for inmate as well as
an hour or day, it is deliberate, wilful,
and premiditated killing, constituting muir
der in the first degree within the act of as
semblv.
We shall presently examine the conduct
of the prisoner, and compare it, with the
principles, laid down in these cases.
In the mean time, we observe to you,
gentlemen, that the principles just stated,
are from the highest judicial authority in
Pennsylvania, and that it is the duty of this
court, and of you as jurymen to submit to
them.
For moment however, gentlemen, let
Us enquire INTO their correctness.
The 7yiifui. deliberate, and hrenueditateG.
killing person, is by the law of 1894 des
cribed to be murder in the first degree.
What is it To Kill person 7oilfittly ? 1t is
the same thing as killing him on purpose.
He who does an act 7Uifuily does it on
purpose, and he who does an act OF pur-
pose, does it 7vilf4iy.
The next ingredient to make the killing
murder, in the first degree, is, it must be
deliberate. But does the law fix the time
of such deIiberation-no such thing. p-ntle-
meH--does it say, the prisoner musrponder
over the crime for wears, for months. for
weeks, or days or hours, or for any other
StUen timer What sort of law would it
be, II such construction were put upon it, by
courts and iuriesf
Suppose TOR example, it should be con-
tended, thatit must appear, the party had
pondered on the commission of the crime.
one hour or five minutes before the fact.
ask then, why fix an hour or five min.
utes, for elaboration why not hair an
hourf why not tTvo hours why not tzvo
minutes?
L he truth is, in the nature of the thing,
no time IS fixed by the law, or can be fixed
for the deliberation required, to constitute
the crime of murder.
10 deliberate is to reflect, with view to
make choice; and if it appeared the par
ty did reflect, tho but for minute before
he acted, it is unquestionably sufficient
denoerat1o'1, within the meaning of the act
of assembly.
The last requisite to cops;itue murder in
the hrst degree, is that tue killing must be
1hremediE0sed.
To Prcmeditate is to think of = matter
before hand--'t is to Conceive of thing,
Sefore it is executed. The word hremedi-
faEed would seem to imply, something more
than deliberate, and may mean. that the
party had not only deH6era'ed, bu, had franz
ed in his nind the Man of destruction.
we therefore say 10 you, scntl men, and
we say it, con hdently, that ii is equally
true, both in fact, and from experience, thSt
no time is 10 ShoorI for wicked man, t.
frame in his mind, scheme of murder, and
to contriye the means of accomplishing It.
Gentlemen, 1t is well known, that Ger
tain acts will 80 far justify man, thar lis
kill ng another viii not be murder. There
are also other acts, that are not sufficient
provoc alton to justify killing person.
For example, the demand of debt is not
a provocatioh to justify killing. Il is there
fore murder to K IL a man, in the QcL of
asking the payment Of debt.
Further, gentlemen, it is Il principle OF
law, tn It no breach of a mans word or.Dro.
lnise-no trespass ether 10 .nds or 70 DIS
n '.fffont by word or g stu.e. will excuse a
prison from the crime f murder, if he be-
comes so i transpo-te as to kill the per
son who hen off nds him.
Apply this to tn facts Def Re YOU. SUP
pose then the house was IN .act Smiths,
and that Cars n, on going there on Satur-
day to demand the possession of his feraiiv.
was tire spasser; it is the opinion of the
court, that Smiths killing him, under these
circumstances, in the very act of making
such peaceable demand. is in every prnci-
pie of law, murder in the first degree.
To recapitulate all the testimony that has
been laid before you, would be an endless
task, and l add an useless task /; because
on this trial, as on all others, a great deal
OF evidence has been given. that has no
more bearing on the merits Of the case, than
one of Hsop's Fables, or a chapter from
Don Quixote. Evidence Of this desC rip.ion.
1t is not cur practice to take down IN writ
ing.
The material facts in this cause seem 20
be those. On the gosh of January last. at
about Il o'clock at night, the prisoner in
the bar, shot John Carson through the
head, of which wound he died on the 4th
OF the next month. That on "Wednesday