The Trinity times., 1855-04-14

had been committed, but that he knew or
could have known, by The exercise Of proper
care, that the thelt which the deceased had
committed was trivial one, a mere msde
mcanor, hope that you will without hesita-
ton so find it. on the other hand, you be-
lieye that he had reasonable ground to be-
lieye that felony had been committed, then.
gentlemen, give the prisoner the benefit Of
your belief; and in that event, your next in
quiry will be, whether the prisoner could not,
after deceased broke loose from him and fled,
have oycrtaken and arrested him without
killing? Did he make reasonable efforts to
overtake the deceased after he broke loose
II he did not, if he made no tempt, but i'm
mediately drew lis pistol and fired, then the
law affords him no protection, and it is your
duty to find him guilty Of an unlawful killing.
IN officer is not justified in taking life. un-
less be he used all other reasonable efforts
10 secure an arrest. Even when the party
ha, committed felony and fed, the officer
has no ght to shoe. him down wa 1tonly or
carele-sly; he must if possible arrest him
WI out the effusiSn Of blood. No matter if
the offender has committed felony, if the Of
fcer shoots, deadly weapon, and death
sues, when he might Otherwise have effect
ed the arrest, he is guilty Of unlawful homi-
eide. Unlawful homicide is distinguished in
TO murder and mansaughter and in order
that you may understand what constitutes
murder, aud what reduces the killing from
murder to mansaughter, will read TO you
what this court said on that subject, in the
CT Of the People vs.. Gates.
(Ihe Court here read from the charge in
Gates case.)
1t is urged on behalf Of the prisoner that
the evlden in the case does not disclose that
he enter ed any malice towards the de-
ceased. The law, however, gentlemen, in
Ger in cases, implies malice. If the act
which produces death be attended with such
clrcumstancss as are the ordinary symptoms
Of wicked, depraved and NAL gnant spirit,
ne law from these circumstances will imply
malice, without reference to what was pass
ing IN the prisoners mind at the time he
committed the act. The mere allegation OF
the prisoner, that he did not intend to kill
the deceased. Will not Of itself excuse him
When man uses a deadly weapon, and
death results, the law presumes he intended
to Kill, II the prisoner intended to commit
serious injury upon the deceased, if he was
Indifferent as to what would be the result of
his shooting, if he used weapon calculated
to produce death under circumstances not
jusufyiug the use Of such weapon, he is gull
ty Of unlawful homicide
! have already, gentlemen, instructed you
that in cases where the offence committed is
le than felony, and so known to the off
Ger, or where he has no reasonable grounds
to suppose Otherwise he has no right to XIII
IN order to secure an arrest, and if he does
kll, the o. nee will be murder or man
slaughter, as circumstances may vary the
case. If he usts weapon not calculated to
produce death, the offence at most will be
only manslaughter. II, however, he make
use OF deadly weapon, the offence will be
murder.
Counsel Cor The prisoner regards the law
applicable to officers harsh, cruel and unjust:
that the distinction which the law makes be-
tween offences amounting TO felony and those
merely involving msdemeanor, is absurd
1t is urged that because the law is strict, Sc.
we're and harsh, that you ought to disregard
II. hope, as honest jurors, you will do no
such thing; you have 40 right to disregard
tie law; you have taken a solemn oath to re-
gard it. Disregard the law, gentlemen
listen to the appeals that counsel have made
- you, and render a verdict Of acquttal,
when you conscicntously believe the law and
evidence require a verdict OF guilty, and you
viii leave this court house pcriured men
unaJhiul to the trust reposed in you, un-
ial hlul to your God and counlry-I hope,
ash you, for the credit o' yourselves, for the
credit Of the Court, for the vndication Of the
law, not to disregard tie law.
The Jaw is founded upon sound principles,
and the distinction which it makes is both
wise and Just. While on the one hand it
protects the officer, and tends to the advance
ment Of public justice, on the other it regards
human life as OF some moment, anl superin-
duces care, caution and prudence on the part
Of those who are invested with the execution
OF the law. Bat, gentlemen, whether the
law be good or bad, Just or unjust, founded
upon sound principles or not, is a question
not incumbent upon us to discuss or decide.
We are not here to legslate, but to take the
law as we find it, 1t is my duty to instruct
you as to the law, and as | find it, for the
principles OF law laid down | am responsible,
and for this only aud alone. 1t is your duty
TO investigate the evidences to vindcate the
law and administer justice, and By your YER
diet declare the truth, when You have ascer-
tanned it. have endeavored to perform nv
duty; | have no doubt bat what YOU will
perform yours. l ct, gentlemen, " You tdll
to do so-if the law has been violated, and
you neglect or fail to vndicate it, am deter
mined the responsibility shaft rest with you
and not with me. If, from the law as laid
down by the Court, and from the evidence in
the case, YOU believe that the prisoner has
been guilty of murder or mansaughter,
hope that YOU will not permit any feelings Of
sympathy or compassion to interfere with the
strict performance oi your duty if, on the
other hand, you believe the prisoner inno
cent, or II you entertain reasonable doubts OF
hlS guilt, 1t is your duty to render a verdict
oi acquttal the doubt, however must be a
reasonable One-not the mere possibility of a
doubt but substantial one-oue for which
you can gyea satisfactory reason to your own
mind aud others. If YOU find that the pris-
oncr was not justified in killing the doceg cd,
then it is Tor YOU to determine, under the in
sirucuons as given to You 10y the Court, and
from the evidence ia the case, whether his
offence is murder or manslaughier With
these remarks, gentlemen, | viii submit the
ease to you, with the conviction that YOU
wIl perform your duty cons ienaously, firmly
and tear -ly.
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