Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1854-10-13

infy "a hin. ana thai dare Vas imminent
dagger ~ lhis. thea Il Il q case u sslfdsitnse.
Tie killiag h eKcu1abis whan commitic,l, fret,
" aoeident and misionansl second, la the
hesi q paaaionl bird ppon sntdsn snd soft
n1leut proNocmlinn. o. ul'Dn . sudden colobaI,
Mnrth, wllhDni any undue advantages being
taksai nilA, sithoui any danessoas weapon
beng nsadi sixih, and noe done Ia Z cruel and
nnnaaal mannsr. Mansl1nEhlsr n Ne frst do
gre, 4 y not necssanfy 70 n0tice.
hiiilng anolhsE, taalssa committed under
saeh circumstances a. 10 conatitmte eKcazable
@ lusi hemieids,l II committed, hrsi, without .
design - ensri death second, In heat oi
passion third, bat N cruel and unusual
Innnnef, 4 mAnslnnghier in The Second degree.
~ wiihoat design % effect death, In the heat
u passion, o. ~ . dangerous weapon, this 10
InanalasghtaF Va ike third degree. InE0luntn.
y killing d anosher III not jassiaabIs o. OK
euA4blel b. any weapon, or W means neither
cruel nor unnsnal, In he beat II passion, Il
manslnagkisf N the fourth degrcs. Every
killing u . hnmap being hy the act, proeare.
meui, o. cnlpahle neglieence 81 another, when
such killing y not justified OF excasable, o. u
not manslanghier o. murder, 10 msnslanghicr
IN the f0uFth degree Witnesses are MOI 10 be
considered - conlradieiing each other because
one siaies that he Did not see what the other
declarca himself 10 have seen. The differences,
II the Witnesses aFe both credible, and both
capable Of observation generally, u that the
thing occurred which one said he saw. II
there were several Who had equal opportunity
20 zee that particular thing, and Il can be I'm
ieFred that they must have seen ID fit occurred,
then q may be that the other witness 10 mis-
taken.
The prisoner Al the bar il 10 have the benefit
OF every reasonable doubt. This doubt must
not arrive from the ieclings---irom an aversion
TO end one guilty IN q capital case but be
such rs n sensible and impartial Inan might
entertain Ia the exercise 0f his reason aud
Judgment " yoa find fact existing, Il Is
not 20 be donbted because medical men cannot
account for its existence. Surh IL the fact Of
the course Of this wound, and Il may be Of
others. The jury are not bound by the decla-
rations or statements made BY the defendant
although received as evidence their weight
is TO be judged BY the jury, and In connection
with the other evidence in the cause, and fone
part is not consistent with the Other, its weight
Is greatly impaired. There u another matter
which ought TO refer 10 briefly, and Il is this;
that although evidence WAS offered 10 be given
and was rejected by the court, yon are 10 draw
no inference of the existence Of the facts pro.
posSu W W ptO*tu on inc part VI tut ueitbCt
from that circumstances. You are not 70 infer
that If that evidence had been admitted, the
defence would have been able 10 prove these
facts. The evidence proposed was excluded I;
and You mast exclude even the offer of il from
your minds.
might, gentlemen, now detail 10 you some
parts Of the evidence in this case, I conclude
not TO do so, and not. specially draw your at
tention TO il, unless may he given 10 under
stand that there Is any doubt in the minds Of
the jurors as 10 what was the evidence Of any
particular witness, because, ms ! said before,
the statements made by each witness have been
repeated TO you by the counsel for the defense
and by the district attorney, with a fairness
which could not be exceeded if they had been
trying before you civil case. Notwithstand
ing the excitement which both Of them have
been under, both have refrained from any at
tempt to mislead you as TO what any witness
stated; and il do not misapprehend, you
know perfectly well what that evidence was,
and it would be a loss Of time for me now to
repeat II to you.
The jury then, at quarter TO seven o'clock,
retired, and at three a. m. rendered a verdict
of "manslaughter in the second degree