, 1866-04-27
TRIAL OF THOMAS DONAHUE.
Judge Wyeie's "; / chssrso. I 70 the jury : :

state Briefly And phinly The law Of this case.
The prisoner, Thomas Denohue, is charged
with murder in tbeirst degree in killing James
p. Patterson 10 this town aud county on the
18th day OF February last.
/" To find the prisoner here gnilty, as charged,
you must be satisfied FIRST that he Killed the de-
ceased; secoIely, TINT the killing Occurred in
this county on Or about the time charged and In
the manneP eHatged.
II you should be satisfied rom the evidence
that the prisoner here killed the deceased, and
in this county, you will next direct your atten-
tion to the facts and circumstances connected
with and accompanying the killing.
To find person guilty Of murder In the first
degree under our statute, it is necessary that the
killing shall be "purposely aud Of deliberate and
| premeditated malice" To kill purposely, is to
| kill Intending to kill and the Intention Of the
person killing may be gathered from his de-
clared purpose, or it may be gathered from his
acts at the time and from the character Of the
weapon used. If, for instance, party advance
on another with loaded pistol or other deadly
weapon and discharge the pistol upon bis ad-
yersary, then the intention to Kill may be gath
| cred from the weapon used-every reasonable
being, being presumed to contemplate and in
! tend the natural and reasonable and usual con-
sequences of his own acts. If you believe from
the evidence that the prisoner here killed the
deceased and intended to kill him, and killed
I
murder in the first degree, it is necessary that
| you should dissatisfied that be killed him "of de-
| liberate and premeditated malice" To dcliber-
I ate and premeditate a killing within the mean
| ing of the law, is 10 turn the matter over in the
m nd and consider on the same and thereupon to
form the intention or purl ose to kill. No par
ticuar length of time is required for this delib-
/ Grafton and premedtation. If the party accused
bad sufficient time to clearly form an intention
to kill and did deliberately form that intention
/ then all the deliberation and premeditation are
/ shown that the law requiEes. Whether there
was this delberdtiou aud Premedtation in this
case is for the iIry to say, dad if from the evi-
dence the jury believe that the prisoner assault
| ed the deceased with a deadly weapon and so
assaultng killed the deceased, and killed him
when there no violene cofitred by the deceas
ed to the prisoner and there were no appearances
| of any violence being offered by the deceased
/ then such n case would be all the deliheraton
and premeditation the law requires and such
killing unless circumstances and facts connected
with the killing extenuated or justified the act,
would be killing "of deliberate and premedi-
tated malice" and would be murder in the first
degree
But, gentlemen, if you believe from the evil
dence that all the ingredients 1ud elements of
murder in the first degree as stated, exist in
this case and have been shown to your satsfac-
ton, then you would direct your attention to
the law as appNcable 10 the cClcnce set up by
the prisoner in this case.
The character of the deceased has been dis
cussc6 in this case and the prisoner has sought
to offer to the ary the character Of the deceased
as a desperate aud dangerous man, in eXtcnua-
ton or justification of the killing. The Court
instructs you that the character Of the deceased
is in manner before you. In such case
the ope now before the Court, the law excludes
the character Of the deceased and in the mind
nf thp tba Ia nv 10 OSt
cogent reasons and repcses on the most solid
foundations
"Oh my GodP' witnesses testify was the exc
clamation of the deceased when shot, and t.
that Being the DECEASED has gone, with his char
acter such as it may be, and before that Grt at
Judge from whom secrets are hidaud whose
judgments altogether righteous the deeGs
of deceased done in this world have passed in
review.
In defence of the killing there is evidence be-
! fore you of the deceased having on a certain
/ time and in a certain place made certain threats
aud there is evidence of these threats, whatever
| they may be, having been communicated 70 the
| prisoner Whether any threats were made, and
| if made whether they were intended for the pris-
oner, and whether they were communicated to
the prisoner before the killing, all matters of
| fact for you to find. ..f t''.
| But the Court instructs you-as clear and we'll
| settled law-that if the evidence in this case
| satisfies you that the prisoner here attacked the
| deceased with deadly weapon and did kill him
"purposely and of deliberate and Iremeditated
malice, a and when there was affray between
| the parties, or no appearances OF any attempt on
| the part of the deceased to attack the prisoner,
then the killing is murder in the first degree,
and is murder in the first degree although the
! Jury may believe that the deceased threatened
| the life of the prisoner and that that threat was
| communicated to the prisoner and that tn prs-,
| bal; he 4. at IL fo in anrha
killing as stated, the matter of threats does not
| make the killing any less murder in the first de-
! gree than it would have been if no threats had
been made. .s. .. H-a.. =. d. :.
The belief Of one person that another intends
to kill him will not Justify such person in killing
that person unless the person intending to kill
is making some attempt to execute his design or
is so situated and so gives out Appearances of an
intention Immediately to execute the design as
| to make the party whose life was intended, rea-
sonably believe that there was danger of great
bodily harm or fife from an immediate attack.
If the jury believe that the prisoner here has
committed a crime but is not guilty of murder
in the first degree they may find the prisoner
4 guilty Of murder in the second degree, or they
may find the prisoner guiitFOf manslaughter, or
they may acquit the prisoner If his guilt 10 not
proven beyond reasonable doubt. asss-
The character of the prisoner as q peaceable
man is before you, and you will attach what i'm
portahCe you may consluer proper 70 suCu Cuar-
| acter. No character however good will justify
a clear violation of law, and character is epti-
tied to more weight in cases where there may be
considerable doubt about the commission of the
act, but the court considers it proper for you to
consider the character of the prisoner in this
4 case as presented to you. ,e- .as.a
Every person is presumed to be innocent until
guilt is established, and gnilt must be rroven
beyond reasonable doubt reasonable
doubt is such doubt as arising out of the eYi-
dence in the case would cause a reasonable man
Ito hesitate to act in matters Of the gravest mo-
ment.E You are not requinedt 10 BE satisfied be-
lyond a reasonable doubt of all the facts and cir
cumstances detailed in the case, but only fof
such facts and circumstances as are material to
constitute the crime charged In this case, for
instance, you may have some doubt about just
where the stove stood, or just howlthe persons
we're seated around the stove in'lhe back room
7 Of the Barber shop. or you MAY ltseH reasona-