The Placer herald., 1861-07-13

NV ~ "nCu SuHCIlHS uuuCI PCASottl
Passion arising out of even imaginary wrongs,
frequently gets the ascendancy of distempered
minds, and even those that are better regulated
are sometimes carried away by the ellis which
flesh is heir to-" And he who has suffered great
bodily harm, the parent who sees his child, or the
child who sees the parent suffering under the hand
Of rufian violence, or the husband who finds his
wife in the embrace of an adulterer or whose do
nestle peace and happiness has been disturbed by
vile, slanderous and dishOnorable charges against
the chastity Of his wife or the reputation of his
family, does not stop to reason about the extent
to which he will carry his resentment and in
proportion to the degree of provocation will be
the almost certain excess of resentment; and if
under the influence of such an excitement, one
man takes the life of another in whose wrong it
originated, it is not murder, it may be manslaugh-
ter according TO the circumstances. Now in the
case OF the most greviOus provOcatiOn to which
man can be exposed. that of finding another in
the act of adultery with his wife, though it would
be no offence, should he kill the adulterer in the
frst transport of passion, yet if he Kill him de-
Ilberately. and upon revenge, after the fact and
sufficient cooling time, it would undoubtedly be
murder. For let it be observed, that in all posi-
BILE cases. deliberate homicide, upon principle
of revenge, is murder. With respect to the inter
val o: time which shall be allowed for passion to
subside. it has been observed that it is much more
easy to lay down rules for determining what ca
SEES are without the limits than how far exactly
euOoc HILLS cAtenu. In cases Vi WIS kHu iii
mediate object of enquiry is, whether the suspen-
sion of reason arising from sudden pas
sion continued from the time Of the provocation
received to the very instant OF the mortal stroke
given; for if, from any circumstances whatever it
appear that the party reflected, dellberatcd or
cooled any time before the fatal stroke given. the
killing will amount to murder. as being attribu-
ted to malice and revenge rather than to human
frailty. In this connection however you will
consider the fact if you so find that Newell, on
Smith asking him to retract those charges, refus-
ed doing So but asserted to Smith 2 face that the
same was true, and thereupon struck Smith, and
that this was Immediately followed by the :cuffie
in which the deaf occu red, for if this is so, there
was not sufficient cooling time.
If then you find from the evidence that the de-
PENDANT heard for the first time. just before the
stabbiny, that the deceased had uttered against
his. the defendants, wire the slanderous charges
alledged, and that this information came from
source entitled to credit and were in fact uttered
re-asscrted by the deceased to the defendant
then if you also satisfied that this reasserton
or information, and the personal assault OF the
defendant by the deceased, if you SO find did
throw the defendant into a transport OF passion
and that during the continuance OF such passion,
the killing took place, then the defendant is not
guilty of murder; but at most could only be con
vcted Of manslaughter. Ii human the defendant
was not thrown into an ungovernable passion, or,
If he was. yet if he had sufficient time for that
passion to cool, and reason to resume its sway.
and il he stabbed the deceased rs in revenge, then
he is guilty murder.
The marital relation requires of the husband
and it is his duty to protect and vindcate by all
reasonable means the credit and honor OF his
family. and the man who would be dtrclict in
the discharge of this duty, could scarcely be en-
titled to the name of husband The domestic
circle is or should be he sacred and he who
having gained the confidence Ola viruous fami y,
and having been admitted within its sanctum,
violates that confidence, and gronntliessiy give,
utterance to charges of slandcrous. deiamatory
and dishOnorable import against the sanctity OF
the household, and which charges are calculated
in their tendency to disturb the peace ana nap
pincss Of the family and to rctarI their fame and
reputation forever. certainly deserves but little
cOmmisseration at the hands of reasonable men;
and the husband. who, thus outraged and person.
ally assaulted and became dashed to fury and is
burning with the fires OF the direct Indignation
and despair strikes down the lbeilant under such
circumstances cannot he held to the scverest
penalties of the law and lie denounced as muir
dcrcr in any land where the common law pre-
walls For although it is true, AS insisted upon
by the District Attorney. that words OF reprovdi
however grevious to be borlc, will not justify
the taking of human life. yet it Is also true that
such words accompanied with IN assault upon the
person do tend to mitigate or eXtcnuac the hOm-
eide.
If the defendant took the life of the deceased
in necessary sel-deience You will acqult him,
and in determining This question " IL will take
into consideration the fact, If you find that the
deceased was previously armed with II deadly
weapon-that If you so find he threatened to use
the same against the defendant if they met-that
this fact came to the knowledge of the defendant,
that they afterwards did meet that on meeting
if you find that deceased struck the first blow -
that the parties then got into scufle during
which the mortal stab was inflicted and in this
same regard you will also take into considera-
ton the good reputation of the defendant for
peace and quietness. all with view OF detcrmin
ing why the defendant was armed with deadly
weapons. and the question whether or not the
killing was in necessary sclfdefence.
Under this Indictment if the facts warrant 1t
you may find the defendant guilty of murder of
the first or second degrees. or of manslaughter,
failing to convict him of either Of these offences
you will acqut him.
All reasonable doubts must be taken and inten-
dcd for the benefit of the defen liant. and should
the evidence in regard to the cxac, circumstances
concerning the killing be uncertain in your minds
then the most excellent character which the de-
PENDANT has here established, should be entitled
to your highest consideration rs against such I'M
certainty.
Should you convict the defendant you will des
ignate in your verdict the degree Of his guilt
should you acquit him you will simply return
your verdict not guilty.
The Jury was then given in charge OF an officer
but without leaving the box they agreed upon &
verdict. and returned the following:
1--WE the Jury find the Defendant not guilty.
J. r. BROWN, Foreman
| Thereupon the Court ordered the defendant tC
be discharged Court adjourned until tomorrow