, 1859-03-17
THE STATE STREET TRAGEDY


| FAANt49 nG6AlA AN%1AA AsA%h
| In the Court Of Common rtGas, the case Of
The People vs. Busch, for the murder Of James
Mhgec, was given to the jury yesterday at the
close of the long and able argument Of District
Attorney Haven, accompanied By the following
| instructions:
on rHa Part or rHE rEoftR.
Implied Malice:
| Ifthe }ntv shall find from the evidence that
the defendant deliberately assaulted thu deeea=.
| ed, james Aagec, and inflicted uPon him such
| wound Us was naturally calculatcl to produce
considerable prorocatiou for such shootinC ap-
| pcars to have been given. such Ii would reduce
The killing 10 the grade of 1nanslaughtcr, or If all
the circumstances Of the killing show m absnd-
encd md malignant heart, in either case the law
implies malice, and the Offences is: murder,
| though tho defendant may not have intended to
kill.
Or if the jury shall hud from the evidence that
the defendant made all unlawful assault upon
James Mugec, and shot him iu The manner CHAR
Eed i'll the indicttuent and if the jury shall a1so
find that the manner of such unlawful assault
life Of the said James Magtc; although the jury
may believe frnm Tie evidence that the deceased
| James Magec was committing trespass upon
| the property Of John u. Busch, yet if ths jury
believe from the evidence that Francis busch
deliberately shot and Killed. said Aagce while he
! ,sas committing said trcspass to prevent such
trespass, such killing is. murder, and the jury
should 50 find.
Although the jury may bciieye. from evidence
that the building OF which saita Masee vas en-
gagged was the rT0I,erty Of John Il. Bush, and
! the *n'd Mayec was committing i trcspass there
| on hy stripping of the siding, yet If the jury
further believe from the evidence that the said
| building WIS not then occupied BY the said John
b. Busch or his family, the fnct that suid Mngee
was committing u trespass ii.cfeon, US aforc-
said. did mot Justify the defendant in shooting
said Nagvc, and ii the jury believe finm the ~
said Magcc; Us charged in the Indictment, to
| prevent the trcspass aforesaid, such killing Is
| inurper.-{Com. IS. Drew, j Mass, 39G ". $. II.
ls5, 475.) .
If the jury believe frum ihc evidence that
John B, Ensrh moved his building to the south
IN Els tsaia Dusch's) lot, and that tllcrcupun
Boggs, with the consent of said busch. built
the south foundation wall Of his hnusI a.ong
the supposed line Of raid D5sgs and Busch, anu
lad crerted s:la wall to tile Height Of tEc water
| tabit. aud that i'll order IL complete thu said
Will IT became necessary to remove portion Of
the siding and 10 trim, the siding of t!lc said
wooden building Of Busch, aD much Of it as
projected ovrr ,hc said foundation wall, such
removal Of the siding and t1insmin. Of thu stud
| ding was not in law o disc..ssit,n Uf thr free
hold Of knSct: but ::;.sa mere trespass although
the said fn:ihdation was and may be wholly OIL
tho land Of Busch.
If the jury believe from the evidence that the
dcfcndant shot and killed James Nagce. md that
soon after sucll killing hc stated that 1,r knew
| the consequences nf shooting d n,atl, and WHEN
il WIS done in tue right, and that lie had done
that in the right, lint whut he had douc hc h.d
d""e in protecting his fathers property, and he
would have been dishnnnrcti ii he Ind not dime
it, ind thai lr had tn screw his courage up liz.
for' he could do it. they will take tl4a statc-
ltic1,ts Of the defendant into rossc..itiou, both
IN determining whether tic shot was fred ii,
defence Of nj 1cfendant's person or in defence
of lis fatlierS property, and in ;lsn determining
| the intent with which such shut wa> fired.
Thr jury will take into consideration MI tl,c
statements Of the defendant in 1rlatirtt to tit
slonting. the n,nnncr Of tIlc tlcfeiaant jnctli-
atelv hclnrr and ut the lime If tllc shooting the
kind d,"f wcapnn used. the manner Of u>in. it. in
dcfttFlning tho extent with whi"1: :kr killing
was dfnc. L barr; li~r,s:, :t:::inst the prupcrts
Of smother, r,.t liz ,iwcng-i,ouse, il ,,t i sui:
ficicnt fltwocation to vibrant tue ownrr in
using deadly weapon ifs defence and Il sslc do
anl with il kill the rcsrassc'- :: i'll be murder
thungl, killing wesc Iv,ually necessary 10 prr.
vent the tt''el;u>s.
TIE extreme fnrcc to which by la;v Il party
may resort in defence Of dwe;iiug-ho,,sy Ut
other building, applies In those, sr'r,. b., them
selves and finilies. occupy sucl house .'~ l,,..l
ing. aud Put I" thosc WIN may hwh st,c:, l.s<
or bnlltling, independent If *,,::f l,,,*s<,>inl
rtlls jury believe 'i1',n }lI c,ilc;,cr that tls
tc,l h. H., .;t..,." ,.. -. .,.,ai -.
uucnr+ -niii' ,,;,, . .1' n:.,:., r, .''
md n,,,,r"ul n,,;t;,s ~ ,,'i;. "J y, e.uc m .,
,irc.,..j nI .,,1.,' ic r. IT,. t;,. ' - .a:1
hy the deceased ut the time ot the fatal aet all,
uIntr,l to ,,,,,rv,t.. a, =, u,,,,',, ..
,n. ~. L,,'.I: '*i. ;" 's''I''i.,'!' :;
n.,,,, ami ;a.t,n,.,', ''' c,' ''' ',''oa.;a ." ~ ~
,,n,,,r,, -, ~, " i',."''i' :
w;nt .,,, ,,x,,cs,,n @ ,.';I h' .'i, m,'t'.
.ni II H., ;..! 80 H.. H., ~ .:i1i. :,a
H.. ,r...,. .,:,i.' 49,, ,' @ ,!. ''r .''';. "''!s'
c.1;on and t,n,' .,i,,. ,.."1;,, >"e" i''"sJ
and william, n.,;c. % ~ 1.,;i...,,.nu ~ ,'
shuotd Mi t,,. if,,,.,,; .1,,it,, ~ I
| trr. ~
nv -,,,. =, 49, ~, x.,,, ,,,.,,,>,
| " "' f '"3
I 1hc JHfs entertain any 1r.Isas'i'h ''"il!'
lr1s'n;; HON t'sr evidence III ta'e ca.'. "h's'!c
deit'H1;''i WIS ;lsy ri l'sHh.lalI:.ht:r or cXcs
ble lsnitl'cide II - 'he duty al t!1s' jury I" -ls
tue a'i""si;:''t tl'r brl'ct "s the doubt, and &c
1nit s'hl altogether. unless they believe hin
Tntty OF ."at'sJ Ja',Eltrr::
n 1''c instant the pistol WAS discharged Il,
francss. that Na-e". thu deceased atard frnnt
in* hin. with ''ztchet ar !':'n.mvr III bis ham
raised III an t't"'r'n strike. :snd that liz !sa
fFlhf IL tiat time, l'%sA threatening iH.y.. q
gestures towards defendant. or if tic jury b.
i'cvt' that the Infant the pistol WIS fired Mage
was IN tl.r ;,c Of striking; towards Busch. ust
t''at Il" circumstances were sncf. to justify
reasonable conclusion i'll the mind IF Francis u
ssTa",'s bodily injury from tllc decea>rsl. aud lila
FRANCIS acted Instantly from tue instinct uf sell
preservation. aud not fr.,1,, motives or nace
revenge. llc wts npt guilty OF either murder q
ii;!'ss!:a.'ncr. although, in point Of fact, Frau
els wls mistaken, and in fact Maucp inttntle
merely tu threaten him and drive him away
That ;n assault is an unlawful attempt
cnnrlc'! with present nbility to Commit :, y
leni injury m tlie person uf another; and if til
jury believe fen t!,c evidence that tic dcce,.e
ordered tlic rrisuE.r ..tf The wall upon wllicl, /,
was standing. used upprnbrinus rEithctS III
wards the prisnncr. and lrreu,,nn tirrr 1T, hi
llatc!,:: it, threatening manner and WAS will
III rc;cE. Of the tris.,nrr uud indicated t1c*r
IL strike with nr throw tie llatcllct ut the ,,ris
"ncr, t:,:s would constitute in Law such a. Il:
Sa'llt "1"n tlr prisoner rs would autn'rlzc til
II RI" ;,,r, l,.i;'.r r',, ' ~. ~. .d .,,,,
reasonable innh, exists as to tic ouest;"u wlcf!
CT the defendant was ju>titinblc in tnis cau<c,
su'as ol m;nslan:.tsr, 'ilrS must nc4ni5 tn
,l;at The ,,rsn,,er !; ,.nty of thr h;.,r M rt;,n in
of murder.
II tic jary believe from the evidence flat I'll
,, prisoner "as assda.!et :d " ~ @eesasea ~ s"e
induce in tlr mind If tI,r nris,,nsr - r,,so,,:h
! aud wel: grounded lplicf that the prisoner VIZ
~ ae1'a t.nEer o. losing hs he; or sE;ie''''
tin.t ts prisoner ac;ius nu.ler such sue i real ;,nnr m