Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-07-03
VOLUME XXXIII.

| death OF the party cnsue under sIch sentence
the Judge would be guilty Of murder.
All persons who criminally engage In an
unlawful purpose with an evil design are
| equally guilty although one Of them may
| perpetrate the deed and further, if the
mode Of accomplishing their evil design re-
| quires several necessary acts, and each party
has his assigned act to do, or part to perform,
each one acting or performing his part Is
| equally guilty although there be no actual
/ presence when the final evil act was accom-
| plished BY him who had the assigned part
10 accomplish the final result.
If any one Of the parties engaged in an
/ evil design commits some other crime aside
from the general undertaking, the others not
/ acting with him, he alone is responsible for
/ such act
To the charges n the indictment the de-
| PENDANTS plead not guilty. 1t becomes our
! ddty 10 look TO the proof and the law to see
whether the defendants are guilty or not.
You may find all or any one guilty Just as
the proof warrants you in your finding. If
one Of the defendants be not guilty you will
so say in your verdict. If more than one
Of the defendants be not guilty you will 50
say, and if all be not guilty you viii so say.
On an Indictment for murder in the first
degree the jury may, if the facts warrant, find
the defendants or any one Of them guilty Of
murder in the second degree, or for volun-
tary or involuntary manslaughter.
II you should find the defendants, or any
Of them, guilty Of murder in the second
degree, you will find and determine how
long the defendants, or any Of them, shall be
imprisoned in the pcnitentiary at hard labor,
and in 50 doing you cannot fix the punish
ment at less than ten years, nor more than
twenty years. II you find the defendants. or
any one Of them, guilty Of voluntary man.
slaughter, you will fix their punishment be-
tween two and ten years confinement in the
penitentary, at hard labor If you find the
defendants, or any Of them, guilty Of invol-
untary manslaughter, you fix his or their
punishment between one and five years con-
fnement at hard labor in the penitentiary
The jury will remember, that in making up
their verdict, they must look to the proof
and the law. You are the peculiar Judges
Of the facts, and you take the facts and apply
them TO the law as charged to you by the
court, and you will judge whether the de-
PENDANTS, or any, or either of them, be guilty
or not. You, then, in applying the facts to
the law as given you in charge by the court,
become judges both Of the law and the facts.
The proofs must show that the defendants
are guilty as charged in the indictment be-
yond a reasonable doubt arising ont Of the
proof The doubt thus meant in law is one
arising out of the proof and not mere
whimsical doubt. If any one of the accused
took any part in the transaction which
brought about the death Of HARMON with
compulsion, and did not act with an evil in
tention, he would not be guilty, but if his
VIII and intention cOnCurred in the evil act
be would be guilty.
The Court further charges you that you
must disregard any hearsay evidence Incl
dentally deposed to by the witness. 1t be-
comes your duty to look TO all Of the facts
in proof, and TO reconcile them if they are
consistent, but you find that the facts in
proof cannot be reconciled, then you in your
sound discretion judge what facts are true,
and what facts are not true, viewing the
facts rs upright and honest men. You may
believe a portion Of what one man may
swear, and disbelieve a portion Of his testi-
mony. You are the judges of the credit to
be given 10 each witness. You can look to
the relationship the witness bears to the ac-
cused OF 10 the deceased, the manner in
which he deposes, the interest he exhibits
for the one side or the other. His means Of
kIONit0Rt dS q WlLAt0o HAY bG uloCIt4lbtu
in various ways, one Of which is the calling
of his neighbors and acquaintance, who are
acquainted with his general character, and
who from his general character, would de-
pose that he is not entitled TO belief
The court also charges the jury that If a
combination Of persons engaged in an evil
design and intention, n wilful purpose to do
wrong, the presumption oflaw is that such
evil intention continues to exist throughout
the whole transaction in each indivi,lul en-
gagged in the absence Of proof to the con-
trarv.
In the event the jury should find the de-
PENDANTS or any Of them guilty Of murder in
the first degree, and should further find that
there are mitigating circumstances, the jury
NAV recommend them or such Of them as
are found guilty to the mercy Of the court
If several persons engage in an unlawful
and wicked act, the law would presume the
unlawful intent, from the very fact Of their
being engaged in such act.
A person is not in the service Of the
United States, as a soldier, until he goes to
the rendezvous place and is actually muster
ed into the service.