New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-11-04

cres..d when .uch df.ren,., during trial when a-
tur. The management Q, .hich have ,hs
OF all who have marked p4usr-.s dsv
: I .dus r.yh'.s ,.s u. a.. ''s
ant @ aSS l ,s .,n 80 soa,.Ss' and AIRY con-
counsel both sides have bad bat obc In
hod these well nsriied remains rh- oe .ion for them
has Tstifsd ny gra. IN the tsSi'y and mora. ad'eSee.
yonr fna d,bsrssns feel abiding assursn,e ta.
FIeisn home whether in Joy or in
f.etien Of Knowing that their lived in nd Of
sir,p s,r, fair and unprendsei trial and that your
y.c,et il urfsyoss- the at Of the Of
truth upon III, gds%san, and e'nr.ss, Of isss aPsh
pot TO nov that human a~s n perfect, and /.
p.sss i. 10 should . sS Of
Iseosn.rs the svodacce Of .neh po..ib,y
yn,ins arm Of l. "a. punsamept would be pasll.d cni
ri, would s..spe W.. erit-i penalties the friend. Of the
injured ,eips in eency Of public law wpud for
The piisoner indicted for the ~wdsy Of The deceased
Ss s,ns ~. De Gr.nys ~. s.n That he G By vto
epce the band. Of Cueys and Tn,t the INJURY causing
Every bomcics murder The killing Of ;ther may
b. whea done IN eyecuti Of convicted cr@
Once Ais who ssssns and r,ss him in the Parsat
escaped On l. him when be cannot Be Otherwise re-
eaa attempted to Be committed By force p.ovisd tia,
danger be in ndnsn and the force be necessary to defeat the
Al be killing another be szcas.ble, where In
son or in .edeps where one sudd.ny ..aued and
where and nmed,se suffering would be endured By
waiting aid Of the law, other probable means OF e.
care fS it existing done unsvoAby In defense Of ones
protest. II HE dwelling asanst esp.sser who cannot De
expelled without degree Of force necessary and proper tor the
Jr The killing Of another may be flouOu. amounting ethe
the .tsl s 81 Il. .s.ence IN The .nsa.se q sf
store latter from the sudden heat Of the passions
form and substance TO support
verdict Of guilty Of either OF ihs ssdes OF onoas
absence Of malice the fact OF killing has been sum.
. tS. e, ,s: view a Of thu, the the sss.
s:sd PS ss lind re s:, the y
you may find bin guilty Of are satisfied
purto.e but Of the sudden heat Of blood
Tie law iners that intends the natural and probable
sa.. 81 10 ' c the oaenss Of
where the Hi ing has been done and mas 70. been
deliberately done the law to have been committed
with malice and such i put the accused TO .hsw
iss; grade. and did not amount to murder.
81 v1os Of
implied which conclusion OF lazy upon toe
Selection and deadly weapon py
in ws of the existence Of quarrel or Prevos. Gdse Tas
en,u conflict upon Provocsiicn 'Oush. BY tn.
.o wh.. being n By wGs s.S o. e u' S. sna
sespSn Also where sofcrnt had elapsed between the
and the ns % the 5s to ..
principles and ruI.s CT the common Law governing
povI.ou. Of our ov statute the elements Of tae
marder but defining ts degrees P9y recognising
legislature have declared all murder which shall be
p.rasd By Ie.ns Of pSson or y lying II s 81 oy .Iy
o4entes ha deemed murder first degree pun
deemed murder econd pnnisnable by mpson
and that with verde: Of murdsr the Jury shall de''s
Here you gentlemen te great importance Of your cor
rely from tine % ss ae. and
being provided with deadly we.Pon TOT ayensins the sup
si unS. the tree 1t the fence with assault De
Gsndva be should pas, on b: way bis l3dsn yea
can e.c.pe conviction Of MURDER be designated by yIu f
tie first degree you lkewi'e find that he voluntarily dis
Again yoa shall find from the evidence and thu, believe
that III :Sa he With D.
ton Of it. and being pressed in the combat he felt in fear
drew and cred the Pr De rsOvs the oasn.e may
nitisatsd 10 maj Slaughter.
murder ought Inferred simply from the fact Of kill
ing There should Be 9mehins moe proved to 'hew Pre-
which such :e.ted had entd Ia The mind not
rel y, of sufficient duration to characterize the oene
poTtsnee tb. prime moment when the design was de-
lberstely permitted 10 control the Mid. =,
.hs % find the fact his duty instruct you
buer that fact should lawfully have upon yoa yerd:t
n
Cueya ,om which assault the combat sn.ued and ,te pistol
vas discharged with the AGENCY Of Suevs i should have no
t,rize The OFF,. Sc, If he be found guilty Of any
But Cueva commenced the assault Intending only to use
the cane scu set foot BY himself the loaded
pistol Wish be upon peOD sccidsutsy exploded sad
death, he I o, 81 sn ar~ act ss
than felony The dssdvantase under which he may b
placed by .uch fatal accident 10 the consequence OF carrying
En- upon bis person The custom becoming stoge
too prev.en. We cs scarcely dance daily paper With.
the hs,y OF accidental Of fesr common life The
law Justly draws from the practice un'svorabe inserences
osd.d pistol can only accounted FOL upon the bypothes
that intended BE- used whenever m p's-essor shall deem
eopsrdizns the life V citzea up the
arbitrary S Of who AIMED 1t all times Tor deadly con-
There Is yet another matter Of law upon which You should
Re 1t the influence proof Of tns probing
he wound BY several phy.e.ns and ITS probable effect upon
the ratisn,, should have upon your verdict 49, -
TIE w.I,etued isse to be this: II dsah
Though no, in its nature necessarily fatal Tin medic conem
Ison) bu. VIII being msmaDased the party died the 10.
establish that the NAL trssmept Of the IT. snd not the
wound it..h vas tie only eas OF the death nj rhs
law VIII not allow an offender sppoftioo his
and mitigate the rr'ults Of n. uhiwis .G.
which his violence naturally calculated to 2'oiaee
Another important point has been made oy me
bs rule i. different which prevails in civil o..s' In
verdict upon the prepohdeIans but In clinical trial.,
where the benIiy Of the law presume. an sesa.ea
IL ue seDs rate u belief ID. charged to the exclusion
Of all able doubt II should establish the sn 30
that reasonable .upPo.ton OF innocence wo1 DC
incopsis;ent with The important inquiry .li heie ass 20
your MINDS what that Doubt What CONDITION Of our
vii usty in ssqung the defendant upon TIE stoana .,
the of Doubt This question IKE many
o kr dsd easily ssied thaa den !e @
ID Imsy negatively answered that tos doaH Ta ha ,ao
Law recospizes not possible doubt because ~
affairs all things depending onevdenee are open ~ M
DOUBT But In the language Of the learned .nasi u
Mssssehusetts which adopt % expressing my 49,
views Of the Law the doub. hich should onol veIae
stage the vkich after the entiie 500
all the eyiceree leaves the minds Of
that condition that they cannot thy feel an s,dns
vction certainty Of the truth Of the charge n