Weekly Indiana State sentinel. [volume] (Indianapolis [Ind.]) 1853-1861, 1855-05-31
Judges Instructions and Virdict of
the Jury in the Miles Murder Case
at LaFay cite.

Judges Instructions and VirdiCt of /
the Jury in the Miles Murder Case
at LaFay cite.
We are indebted to the Lafayette journal
for the following report;
CoNCLUsIoN OF THE MILES TRIAL.-Zeb. !
Baird, Esq, closed the argument on the part
of the defence, yesterday afternoon. The
Court having been requested by counsel 10
give all the instructions in writing, the follow
ing Wele prepared and given by the Court, to
wit:
l. In this case the Jury has the exclusive
right to judge of the law and the facts; but
it is the duty of the Court to instruct them,
rs to what the law is, and it is proper for the
jury to respect and take from the law what
the Court declares it to be.
2. There are four verdicts, either one Of
which the Jury may find, as they may think
the law and the evidence Justify to wit:
LIST. Murder in the first degree.
ID. Murder in the second degree.
Sd. Manslaughter, or
4th. Not guilty.
3. If the Jury believe from the evidence
that Miles killed jackson purposely, and with
pre-meditated malice, they should find him
guilty in the first degree.
Il
in the first degree, that the purpose should
have been formed and premeditated malice
entertained for n long time; but it is sufficient
if they We're fully formed and deliberately
fixed in the mind for any time before the
committing Of the act
.. If the Jury believe from the evidence
that Miles killed Jackson purposely and ma
I liciously, but without generalization, they
e,,l IL, 1
the second degree.
! 6. To constitute murder in the second de-
gree, generalization is not necessary; but
malice and purpose to kill must exist at the
moment the act is done.
Z. Ii the Jury believe from the evidence,
that Miles unlawfully killed Jackson, with
out malice either expressed or implied, vol
UNFAIRLY. upon a sudden heat, they should
find him guilty of Manslaughter.
S. To constitute the crime Of ihanslaughter,
it IS not necessary that there should exist
either generalization, malice expressed OF
implied, or purpose to kill; but is sufficient
if the killing was unlawful and voluntary,
upon sudden heat.
g. To justify the killing or to reduce it be.
low manslaughter, the defendant must have
had reasonable ground for, and actually been
, in full conviction and belief that he was il
, imminent danger of being killed himself Of
f of suffering some great bodily injury; and the
the Jury are to Judge from the evidence
whether Miles had reasonably ground for
and actually had such full conviction and be
lief at the time of the shooting
, 10. If the Jury believe from the evidence
that at the time of the shooting, Miles ha,
+ reasonable grounds to believe, and actuall,
: did believe, that he was in imminent DANCE
! of being killed himself, or of suffering SOM
: great bodily harm, they should find him no
guilty.
n IL. If n deadly weapon is used and dealt
= ensues, the law presumes there was az inten
ton to kill
y H. The use of such weapon cannot b
! justified, unless the defendant had REASONABLE
! grounds Ia believe, and actually did believe
. that he was in imminent danger of ben
: killed, or of enormous bodily injury; and tn
Jury must Judge of the reas onablencss of tn
!, grounds for, and the actual existence of suel
: belief; and in doing this, the jury shoul
take into consideration the actual condition O
a Jackson, and his then capacity or incapacity
: from drunkenness or otherwise, to kill or
such great bodily harm, as we'll as his acts.
Ii. If keeper ola public drinking 50
y loon, to which the public are invited, and in
4 to which all may 60; attempts to put an IN
\ welcome of troublesome customer out, b
/, must confine him, if to the use of moderat
: or reasonable grounds to believe, and actual
does belive, he Is in immediate danger OF b,
!, ing killed or of suffering some great bodil
= harm, or great injury to his property or po
- sessions, and the jury must Judge of this.
IA. If the Jury believe that tho defendal
= is guilty of murder in the first degree, the
!. should say so in their verdict, and give IL
y punishment; which may be either death,
" imprisonment in the State prison during liz
~ 10. If two men mutually and voluntar
4 ly enter into fist fight or scuffle, neither OF
- can lawfully use concealed and deadly we,
pOne, if at all, before he has reasonab
grounds to believe, that he Is reduced to gre
extremity or danger; and the Jury mu
/, Judge of the reaSonableness of the grounds f
.. such belief.
16. IL the jury believe the defendant
guilty Of murder in the second degree, tht
should say so in their verdict and fix IL
= punishment which is imprisonment in Il
. State prison during life.
IL. If the Jury believe the defendant
/ guilty of manslaughter, they should say
6 in their verdict and fix the punishmer
- which is Imprisonment in the State prise
u for not more than twenty -one and not lie
y than two years.
&c Is. IL the Jury have reasonable dou
!, that the defendant is guilty of some one
&c the offences charged, they should find hi
'e not guilty.
10. If the Jury believe the defcnda
CT guilty of some one of the charges, but ha,
u. nc a reasonable doubt rs to which one thu
III must find him guilty of the least
&c The Judge then addressed the Jury as fo
ST lows:
.e Gentlemen Of The J,0y:-In making up yo
~ verdict, YOU must look to and be governC
~ by the law and the evidence only; disregar,
nc ing the clamor of inconSiderate men, or Il
y wild and rash excitement of any portion
u u the people. To do less would make W
I" guilty of moral perjury. They, indeed, ms
II take life by mob violence, but they will
~ murderers by the laws of God and man,
n, We alone can rightfully take life or libert
~ when the evience and the laws of the Sta
cu warrant IT,
u AT halfpast nine O'Clock the Jury rendc
~ ell verdict guilty of Manslaughter, as charg,
nc in the third count in the Indictment, al
sentenced the prisoner to the Pententiary
ry t'oenty-one years.
en- -----s--------
le- The GADsDEN PURCHASE. = THE SILvl
MINE FAILURE.-By gentleman just
IL rived. says The Southern Californian, from q
to Gadsden Purchase, we have received infon
SIS alton of the party who left here some mont