The Placer herald., 1861-07-13
rsstrjct Court..-July Term, 1851.
BENJAMEN F. MYREs. Judge.

BsNJAMEN F. MYREs. Judge
MONDAY, July 9Th, 1861.
1obn Vosding native of Prussia admitted to
';Venire returned of ninety jurors summoned.
= Mcdonald vs. L. B. Brooks ct al Judgment
f.. defendants for costs taxed at $5l As.
nennis D. German VS.. Phelina D. Gorman-
n;.orce granted in favor of Plaintiff and custody
Oh THOMAS Campbell vs.. E. G. acknowledgement
81, Plaintiff for $3.50 rs and interest and costs.
Joseph Richardson Il Co. vs.. H. G. Housel-
Default entered, and referred to Clerk to compute
amount due.
"% Emory Morse vs.. W. R. Curtis-Set for trial on
'Oe = Swank vs.. W. H. Jones ct al-Default with
Dawn and Defendant allowed to answer.
q. Swank vs.. J. W. Brady and NJ. Shawl-De-
murrer withdrawn and Defendant allowed to
Horace Green vs. John Thompson Judgment
and decree Of foreclosure of mortgage, for 1927
and costs. =,
foreclosure of mortgage for $766 80 and costs.
r. Wyman vs.. o. r. Patterson ct nl--Judg
,nent and foreclosure of mortgage for 1892 and
The People VS.. Horace Smth-Jury empannel
oa-John s. Lewis, d. f. Hathaway. J. S. Law
VIM. W. Price, James o. Dark. II. N. Nickerson
Jonathan Morris. John r. Brown, Charles Lamp
man, Richard Williams, I. F. Davis and A. D.
Peugrove.
Court adjourned until tomorrow at 10 o'clock
Tuesday. July 9th.
Curl ys. J. p Brooks and wife-Decrce of fore
closure. WV.
ed on the part of the prosecution, DR.. Aver.
Iosenh N. Smith. J. II. Stitch. E. r. Bow, DR.. j.
N. McNulty, James F. Bovee, R. R. Patton. W. M.
Wadleieb. F. O. Lewis, James E. Hale.
James Richardson Il Co.. VS.. II. c. House
Decree Of foreclosure in favor of Plaintiff for
1888 O5 and costs.
Wednesday, July 10th.
The People VS. Horace Smith Witnesses exam.
1ned on the part of the prosecution M. f. Mills
Thomas H. Williams. Prosecution rested here.
Defendants witnesses examined:
Judge Robert Robinson. VIM. NJ. Lent J. NJ.
Mcdonald. A. P. Catlin, D. L. Mcdonald: NJ
Boulware, james H. Hardy. W. P. George, n. B.
Blake. DR.. Powell, H. J. Labatt
Thur.day. July l1th.
The People VS. Horace Smth.-Wtnesses ex-
omined for the defe nee: H. Fitzgerald, Mrs Har-
Nv. Miss R. C. Hardy D. N. Woods. S. F. Doane
James R. Rogers, George Bishop, j. D. Rice. Miss
Fanny O. Harrison, II. II. Woodward, J. f. Welsh
lanes E, Hale The examination OF witnesses
having closed District Attorney Hamilton com
menced the argument Of the case before the Jury,
Mess-s Robinson, Curtis and Hereford followed
for the defence. The District Attorney closed
the argument.
The Court then delivered the following charge
to the jury
Charge Of the Court to the Jury.
Murder, the offence of which the Defendant
stands charged. is the unlawful killing OF hui
man being with malice prepence or aforethought
either express or implied. The distinguishing
feature in this definition is that of malice. by
this term. at common law, is meant to include not
only special maevolencc to the individual slain
but generally wicked, depraved and mali gnant
sprit-n heart regardless Of social duty, ana de-
lberately bent on mischief. And in general any
formed design CT doing mischief may be called
malice: and. therefore, not such killing only as
proceeds from premeditated hatred or revenge
against the person killed but also, in many other
cases, such killing as is accompanied with circum
stances that show the heart to be perversely
wicked, is adidged to be of malice prepence,
and consequently murder.
The killing being proved. the burden of prov
ing circumstances Of mitigation, that Justify or
excuse the homicide will devolve on the accused.
unless the proof on the part of the prosecution
sufficiently manifests that the crime committed
only amounts to manelaughter, or that the accu-
sed was justified or excused in committing the
homicide.
Malice once asccrtnined is presumed to con-
tinue down to the fatal act.
When an action. unlawful in itself, is done with
deliberations and with intention OF mischief or
great bodily harm to particulars. or of mischief
sue against or beside the original intention OF the
party, it will be murder. But if such an orr ginal
intention doth not appear, which is Il matter OF
fact, and to be collected from circumstances
given in evidence. and the act was done needless
ly and incautiously, it will be manslaughter.
So far as concerns the individual killed, malice
is either express or implied. Express malice is
defined to be. where one person kills another with
n sedate, deliberate mind, and formed dcsign-
Such formed design may be evinced by external
circumstances, discovering the inward inteltiOn:
as lying in wait. antecedent menaces' former
grudges and concerted schemes TO do the party
some bodily harm. And malice is implied by law
from any deliberate cruel act committed by one
person against another, however sudden thus,
where man kills another suddenly without any
or without considerable provocatlon the law I'm
plies malice; for no person unless of abandoned
heart. would be guilty OF such IN act upon a
slight or no apparent cause And where one Is
killed in consequence Of such wilful act, rs
shows the person by whom it is committed TO be
nm enemy to all mankind, the law will infer a
general malice from such depraved inclination to
mischief
Under our statutes, murder rs it existed at
common law, is divided into two degrees to the
first OF which is attached the penalty OF death,
and to the second imprisonment in the peniten-
tiary of the State for period not less than ten
years and which may be extended Tor life. II
specific intent to take life is the distinguishing
tcEt Dy WnlCn HuTueC III VIC HIsI ucSICO ""y "o
determined. Where it exists in a case of murder
the capital offence is cOnsumatcd. Where IL is
wanting, no matter how long may have been the
generalization, how decided the willfulness, or
how pointed the malice. it is but murder in the
second degree. Thus if man designedly beat
another to jelly. from which death results, this
Is but murder in the second degree. If it appear
that the intent was merely to infict bodily harm
If with malice you kill u man, willfully intend
ing at the time to do so, it is murder of the first
degree; but, if with malice you kill man, not in