Evening star. [volume] (Washington, D.C.) 1854-1972, 1864-01-18

IeTtAlnmtnt amply
worth attending, and no who visits this
resort can fail to be pleased. They have
coed corps of performers, and offer a bill
pete with fun. Ina Windell. Frank Kerns
and ]. K. W hire are among the performers.
GOUGH's LECTURB.-John b. Cough will
lecture tonight again In DIR. Sunderlands
church, on ~ street. His subject is "Here
and tere in Britain a lecture entirely new
to Washington audiences. or course all will
desire to hear Mr.. Cough for he is acknowl.
EDGED TO be the greatest orator OF modern times
FAIR-At Odd Fellows Hall the ladies OF
the Assembly's Church are still holding their
fair They have variety of fancy and useful
-aIlcles for sale, and offer good and palatable
church, and should be visited by all who
would aid good cause
BALL To-NlGHT.-The Franklin Fire Com.
pany give grand ball to-night at Metropolitan
Hall, on ID street, near 18th. A good time may
he expected, as tire managers and members OF
the company have made every arrangement
tor a fiTst-class ball.
CRIMINAL COURT, Judge Olia.-On Satur-
day. District Attorney Darlington closed his
argument for the pro secuuon in the case of the
United States against Collins Dixon, for as
Sault and battery and inteI.t to kill G.. W.
MStiill, and Judge Olin charged the jury as
follows:
Charge of Associate Justice Oltn
The prisoner st the bar Collins Dixon, is in
'dIC'eG tor an assault and battery upon the COM
claimant, McGill, with an intent to kill him.
L MS alleged ofeDse was committed, il seems,
tRe public hotels in the city. The crime charged
is grave one, and has demanded and received
your most patient aud laborious attention. I
have tndt ayored 10 the as 2ertainment of the
facts in this case, what little ability / could
command in tn discharge of my duty, and |
have been quite sure that a tuli and fair op-
poltuniiy has been gwen the prise er to adduce
before the court and jury every fact which /
deemed proper or pertinent to his defense
Some observations have fallen in the course of
the rial 1rCm he lips of counsel for the pris-
o T, tendency OF In, |
designed 10 impress You with the idea thar the
Court had established some severe rule either
In me reception, admission, or rejection of evil
sdeHCe, which rulings bore Oppressive upon
the prisoner. The design of these observations
w4s no doubt TO excite your prejudice against
" hat instructions mig hit give GU in reference
TO the law OF the Gaze, what OBJ ler yatiops [
might ADDRESS 10 you with a view to enable Won
p1oprriy TO apply the evidence in the case to
the rules OF the law l shall lay down to you. 1
was not disposed to interrupt the remarks of
counsel en- this subject, for regard the off &c
OF the counsel as very i'm portant one, and oae
G It's most important characteristics is an en-
tire freedom 10 discuss questions of fact to be
decided by jury. SUCH a course on the part
OF counsel will not offend me- nor will it either
deter me from doing what l consider to be
proper in the discharge of my duty
repeat, then, gentlemt n, the crime charged
IL the Indictment is grave one, and it is Of the
utmost Importance that you bring 70 the dis
charge OF your duty the best powers of your
mind that you perform this duty in the Ian
gUage of the counsel for the prisoner, brayely
and rlessly;' and when you add to tn at hon
esty, it is the rule of conduct intend to observe
for myself, and one of the duties feel it in
cUmbent upon myself on this occasion to e3-
plain TO you the law applicable to the crime
CT areed, and to call your attention to some
rules OF law proper for you to observe in con-
slderlng the weight, force and effect of the tast-
mony. The crime charged consists, as Won
have been told, in au assault and battery upon
a person, made with an intent to take his life
Now, whether tn act TIT was intended to
TAX the life did or did not follow the assault
a. d battery deem of no importance, provided
You come TO the conclusion that at the time of
the cCmmen CT mPnt OF this difficulty, or while
h was engaged in il, the prisoner at any mo-
meht prior 10 the battery formed the purpose
or Inl.n'ion of TAXI g the life OF the witness
MctilIl, providing T. at act is committed under
circumstances afording no excuse or justidca-
ton.
am requested to charge you, gentlemen, or
Instruct you as tn certain points of the law nv
tie counsel Cor the defeH cant.
'First. That TO convict the prisoner of the
charge set forth in the Indictment the Jury
must be satisfied that The defend ant com mItted
an assault and cry upon the prosecuting
witness, and that at the time OF the commits.
sion of said assault and battery the defendant
intended to Kill the prosecuting Witness
/ understand that 10 mean substantially this:
\ ou must be satisfied that at the time OF the
commencement OF this ARRAY, some mo-
ments prior thereto, the prisoner formed the
intention, AS an Act of the mind, to take the
lie of this man, McGill; and so understand it,
j inst uct you hat such is the law
I" Secondly. That the evidence must not only
be coDsIs ent with thu guilt of the prisoner Of
the offence charged, but inconsistent with
every other reasonable hypothesis arising out
OF the evidence in the cause."'
L instruct you, also, that that is the law
may as vel at this point, perhaps, explain to
y'u v mar Is understood in law by the evil
drnce e2c!uding every reasonable Goub; of the
lnnocen Ce of the prisoner" 1t is that the
crime must be proved SO clearly as TO leave no
Teakonabie doubt on your mind of the guilt OF
the party CT arged: and when the law speaks OF
reasonable doubt, gentlemen, it does not mean
mere fancy or conjecture Of some kind or
other, which ingenuity may conceive The
law means rational. that is, reasonable doubt,
arising from The evidence of the cause Is
there fact proved or omitted to be proved in
the evidence which leads the mind to E oubt as
10 me guilt OF the prisoner. TIL II is a reasoua.
Die doubt There is no certainty in human lri.
bunals. mathematical demonstration IS unat.
tainable In questions depending upou human
testimony, or what has been called moral eyi.
dence. God alone sees the heart and can faI-
hhiy Judge 1t We n.ns, act from the best
lights that we have in r. ference to a case like
this, the evidence must be so Satisfactory and
Gle to your mind of thu guilt Of the prisoner
tEat you would not hesitate 20 act upou il in
mat ers OF your own of the era vest i'm portspae
That is what Is termed In law satisfactory
lrcof-pToof that ex usas ali reasonable doubt
"ihiIdly: And that the prisoner Is entitled
10 the beIeht OF every reasonable doubt in re-
Rsrd to The facts and circums tancss telied ON
AMI neces sary to establish the ofense charged"
Inis l regard as the same idea, some what
differently expressed. / understand it to mean
simply this, and as such, 1 charge Won 1t il
w, viz: That the evidence must satisfy vour
mind beyond reasonable doubt, of the puilt
of the prisoner. What a reasonable donht,,
have attempted to explain to you
Now have drawn up one other proposition
which you VIII observe as q rule Of law appli.
c bl TO this case, and which submit to Won
be- ause, in my judgment, it will more readily
ape you TO al ply the facts in the case to the
Jaw, and that Is: THAT if the jury believe
I or tie evidence that the prisoner armed hi n
|, with a whip, cane and loaded pistol
with the purpose ard intention Of infiictins a
prrsCnal cbustisement upon McGill, and with
F,~gE hat H.. t<,Sh TogY
r sisting snch assault and battery, or attempt
ing TO st it, TO Kill Mc(}ill, then the prisoner
is guilty Of the ofTense charged In the indict.
ment," il you find from the evidence that the
ass d ard battery " as mazda and the shooting