The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1867-02-15

/. Upon the court ueNoNVs NV
claring the law applicable to the iae's
proved. IL is the duty OF tho jury 10 lake
The law from the court. IL cannot DC, anu
is not, expected that they will I've 10 versed
in the rules or law applicable to the subject
umIcr consideration as 10 he allie 70 deter
min, Irtwecn conflicting claims OF counsel,
and they not only find il duty but priv
lego To- receive il from the court. IL the
court should err in giving the law in this
case, To the dcrimcn, Of the prisoner, she
can have il reviewed hy the full court sit.
ting for that purpose and il enormously
given, n new trial will I've granted.
II you assume to determine the law, an'l
enormously determine il, there is no remedy
beyond, and irrcparable mischief may bc
done. IL therefore becomes highly imPor-
,ant that each keep within their own sphere
of action.
". II hasb been said on the one lian,l that
the life and interests of this prisoner have
been committed TO Your hands. and on the
other that you are the guardians and pro-
teciors Of society.
The life, liberty, and interests of the pris-
oncr arc not committed to your hands; with
them, ms such, you have nothing to do. You
are simply Ia iind whether, upon the cvi.
lencc ad,lurcd, the prisoner is or is not
guilty; what lnay be Tor her interest, whetll-
or or not she shall 20 at large or be impris.
oned. are not inquiries for you. Your duty
is plain, simple and unmistakablc-simpy
To discover what is proved. regardless OF
consequences. Whether society mny or
may not bc safe upon this or that venlcr,
is no duty Of yours to inquire, and should
not influence you in your considerations (;
but plsinly and simply to inquire. is the
prisoner guilty or not guilty upon the evi
,lcnce which has been adduced. II she is
guilty, she herself has imposed tic restraint
upon her liber.y-shc herself has forfeited
her own life. The fault Is hens and not
yo,lrs. There arc no complications about
your duties they cannot be well mistaken.
You are not to he embarrassed 10y sympa.
Thy or biased 10y prejudice, but without fear,
favor or affection, you are to declare upon
your oaths, upon the evidence here adduced,
the guilt or innocence oithis party. You arc
To do il rs men: men acting with inielli
gencc and moral courage, unmoved by the
desires Of the prisoner OH the one hand, or
the prosecutors on the other; neither sub
ject TO, nor fearing the criticisms of any.
You have imposed upon you the duties Of
Jurors, acting under the oath Of God, and 10
Him and your own cOnsciences You must
answer Tor the performance OF those duties.
"Iie knows the secret thought
It's lie alone decidedly can try us
lie knows each chord-its various tones
Each spring Its v,rious bias"
With these general observations of mat
tcrs applicable to all criminal causes, in.
vite your attention to n consideration Of
such matters Of law as particularly apply to
this case.
AS To HOMICIDE.
I. Homicide is the killing Of one human
being by another. MorC words are not ne
cessary to define il or make il Ineligible.
It may he jus,itiablc, il may be cxcusablc,
or Il may be unjusiliablc.
LIST. Il is justifable when done in the cx'
ccuiion of lawful command hy court or
colnipandcr having lawful authority to give
il.
2l. II il ercusable when death results UNI
Intentionally from the proper aud legal per-
iorrnance Of legal net, when il is purely
accidental and resulting from lawful net,
performed in u lawful manner. Being
merely unintcntional does not always cx-
cusc, i;r il death result from the commits
sion of AN unlawful act, the party producing
il is held responsible. although hc did not
intend killing. As, if n person designing
To kill you, Mr.. Foreman, miss his mark and
kill your fellow; this is not excusabc, al
though unintcntional and purely accidental
~ far us killing your fellow was concerned.
Being engaged in the unlawful act OF mt.
tempting your life, Inc Is held responsible
for what llc does upon whonsocyer Ills acts
may fall.
81. Il is nnjuslifiablc when unlawiully
done, and when no Justification or excuse
can he given for dung il. AMI when II &C.
ours in the prosecution Of an unlawful act.
This unlawful killing comprises two
crimes known to the law munlcr and
mallslauglter.
l. Murder is defined by our statute 10 he
the "unldicfd killing OF u human being
with malice aioretl,oughr, either express
or implied
The killing of human being may bc
lawful or unlawful. II is lawful when nee
cssarly done in execution or in iurtllerance
III Justice or when done upon an enemy
in lawful war, or when necessary for the
prevention of atrocious crimes, such as
murder, robbery, bo,sebrruking in the night
time, and the like. Il is unlawful when
done without justifahlc cause or reasonable
legal excuse.
n. To constitute murder, the act must
bc done with malice qjoreihougM, either eX.
press or implied. The term malice is in-
tended to denote an action flowing from a
wicked and corrupt motive. IN It's legal
sense il differs from the sense in which the
word is used in common conversation. Al.
though in law rs in common speech, the |
term includes acts done from i'll will, hatred, !
malcyolence, and desire for revenge, IL
also includes oil wrongful AMI wicked acts
intentionally and deliberately done without
Just and legal cause or excuse.
III. II his malice may DO either an er-
press malice or an implied malice.
Express malice exists where one with a
sedate. deliberate mind, and formed de-
sign, doth kill another; which formed de-
sign is evidenced by external circumstances
discovering the inicdrd inisntion, IN by lying
in wait, aniece,lcnt menaces, former gru,lges,
aud concerted schemes TO take lite.
This malice may he expressed by these
acts and external circumstances, rs well rs
by words. The law does not require an ex-
preston by and with the lips, or in words,
but recognizes other expressions which
really and truly discover the inward inten.
lion although unspokcn.
Implied malice is nn inference of law from
the TACT found as in tho case ! lTiore sup.
posed where one designing to kill the Fore
man uninleniionally kills another. Aud il
arises where one takes life in any delibcr-
ate attempt TO commit u iclonious act, al.
though the original intention may not have
been 10 take life.
w. Murder is divided into two degrees
first and second. Murder in the first de-
gree is where il is committed with erpreu
malice aioreihought. That is where the
malice has been expressed. in either of tho
modes We have before considered; and 1t