Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1849-11-29

threw himself towards him. his arm made vigur-
thrust stroke at his breast and the deceased instantly
thereafter twisted broke away Msrsh and ran
rapidly into middle Of the fell hs hands
aud knees. or Prosiaie rose quick as he could in
STOPPING within few feet Of the side walk
he staggered fell and expired That hi. body examined
few minutes Afterwards by physicians, who ascertaned
that he had been stabbed between the third aud fourth ribs
Of his left breast through the left vencle OF his heart
That the wound was mortal aud must have caused his i'm
mediate death.
There is evidence before you tending prove
mosl wound given while the deceased rising after
he fell the middle Of the street; the other hand
there evidence tending prove The wound given
between the parties and before
the deceased broke away from him.
The evidence both sides in relation the precise
OF inieting the wound tends that il
been done after the Marshal between the parties aud
befoe the deceased fell the last time. There evidence
tending 10 prove that the knife which before you
by witness the fatal night until
II IN the hand Of defendant and took il from him. be-
the place where the deceased broke away from him.
and the place where he FIRST fell.
There evidence tending prove that minutes af-
ter the DEATH cut apparently made with knife, about
inch deep. and examined the left Of the
defendant below the elbow aud that there bruises on
his and his torches
rous There was also evidence TO prove that they were
both at the place Of public worship that evening" and
both vent out before the congregation dismissed aud
abou, twenty or thirty minutes before the death.
"None but mathematical truth susceptible OF that high
degree Of evidence called demonstration which excludes all
possibility Of error"
Matters Of fact proved by moral evidence aione
In the ordinary affairs Of life do not require Demon
sratve evidence, because il consistent with the
tune Of the subject and to insist would be
able and Absurd. The that be sff Of such
things il that there reasonable doubt ming them
The true question: therefore, trials OF fact whether
il is possible that the testimony be false, but whether
there sufficient probability II its Truth; that it. whether
the facts sh by satisfactory and competent evidence
BY satisfactory evidence is intended that Of proof
which ordinarily satisfies an unprsudced mind beyond
| sonsbIe doubt.
In considering the evidence and aseerainng what de-
gree OF credit due TO the testimony Of witness,
ought 10 avail yourselves OF your general knowledge
and things, which you have derived from experience
and obsetvsiin knowledge Of the human heart, its
passion, motives aud principles Of action of mind
powers, qualities and tendencies of the organs Of sight
and Of hesiing their capacities and powers different men,
having equal OF different advantages of positions Of the
tue and properties of light and Of all other and
things requiring Jour particular attention in the inyestga-
tim 81 This case
by your to try this cause according
to law and the evidence. In the opinion of Court
but leg and mpeent evidence has been admitted the
ta IL Is therefore duty to be Influenced in
making verdict by nothing but the law and the evil
nee. is quite mmaeria what you may suppose public
opinion to be- TO the verdict you ought 10 renders and il
equally mmaieria how many attorneys have been con-
ceIned IN conducting the prosecution defence by what
motives they acfuaed Ssch part of
the evidence IN the they cannot aid you in the dis
charge Of your Duty but might msead you 1t is therefore
manesy improper to permit such things operate your
mind, OF influence your judgments in finding verdict.
you are fully satisfied from the evidence that the de-
killed the deceased by pupoey ssbbiog him with
deadly weapon he not excusabe the ground Of self
defence unless he has clearly proved otherwise appears
your satisfaction, from the evidence that upavod
necessary for him kill the deceased IN order 10 pro-
his fe protect him from such serious bodily
harm would give him reasonable apprehension that his
life was IN immediate danger.
And il it is necessary enable you to decide whether
such unavoidable necessity existed that you know at wha
period of the transaction the meral stab given de-
wolves the defendant inform you unless il other
clearly appears fiom the evidence n the
If the conflict not provoked by the defendant and he
not armed with the deadly weapon the beginning
the contest but Casually obtained during the contest
not scuaed by malice in making the fatal stab but die
1t from unavoidable necessity in mere sef-defence you mus
acqu him.
Honor is VOID in use that |, differently under
stood by different persons. II defined in ernins
laws; and 80 far as know, not mentioned in them. II
be principle Of what called the Code of Honor tina
man may take the life Of his feow-man in defence Of hi
or TO avoid the impuation Of cowaIdce, but is no
principle Of criminal law.
To justify you finding the defendant guilty at all. 20,
must be satisfied beyond reasonable doubt that he klle
the deceased purposey.
To find him guilty Of murder first degree, you
be satisfied beyond reasonable doubt that he killed the de
ceased purpOsey and of deli and premedtated malice
To md him guilty Of murder the second degree, yo
must be satisfied beyond reasonable doubt that he kle
the deceased purPosey, but without debeaion and pre-
meditation
To find him guilty Of you must satisfied
beyond reasonable doubt that he killed the deceased with
out malice express implied, either voluntarily upon
sudden heat nvoluntay, bat in the commission Of SOM
unlawful act
All it incumbent on the State to prove must b.
satisfactorily Proved only by preponderanee Of tn
evidence, but beyond reasonable doubt. All that II is in
cumbeni the defendant prove must be established bu
mere pIeponderance Of the evidence sufficient for thi
purpose.
1t provided by Sec chap &C. OF the Of 1885, ths
every person who shall be duly convicted Of murder n
first degree, shall suffer death be imprisoned Stat
Prison aud kept Id labor during e II you find tn
defendant guilty of murder in the FIST degree you
so in verde and sentence him to be hung
must il sentence him to be imprisoned in tn
State Prison and kept at hd labor during life, you must sa
SO in your verdict.
II find defendant guty of murder in the
degree say 10 your verdict and hin
10 be imprisoned in the State Prison and kept at hard lsbo
during life.
II find the defendant guilty of manslaugher, 20
must say in your verdict; and sentence him to be i'm
pisoned in the State Prison and kept hard labor for
specified time less than than twenty ION
years.
II you find the defendant not guilty Of either crime 20
will cay Not guilty."