Tama County Republican. (Toledo, Tama County, Iowa) 1867-1872, 1867-04-05


Dr.. H. T. Baldwin, called and sworn, says: K
"From examination Of defendant should say II
there was no insanity about him, but that he n
was very mad when he committed the deed. x
DR.. II. d. Ciigan, called and sworn, says: L
From all the testimony in this case l would il
say that some things look like insanity bu,
generally should say he was sane. Y
Dr. Daniels, of Toledo, DIR. J. F. Ely, of Ce I
dar Rapids, aud DR.. Henry Restine, of Marion .
testified that having heard all the testimony ?
they saw nothing in ii 10 indicate insanity. t
After tie Argument of the Counsels in the
case, Judge Rohrock gave the following !
charge to the Jury, each CT The instruments
were excepted to by the defendant:
GEsrLEAEs OF TUE JuRy:
1st. In order to properly consider this case
it is necessary to ascertain the nature and
elements of the crime charged in the indict-
mens.
The lst, See of the statute OF this State on
the subject Of Murder provides that whoever
kills any human being with maiace Store
thought either expressed or implied is guilty
of murder. The 2nd, Sec provides that ell
murder which is perTetiated by means Of poi
son or lying in wait, or any other kind of wills
full, deliberate and prenleiitated killing-or
which is committed in the Preparation or at
tempt to perpetrate any arson rape, robbery,
mayhem or burglary i murder in the first de-
gree and the third section provides that who
ever commits murder otherwise than is set
I forth IN the second sectien is guilty Of murder
iu the second degree.
2nd. Manslaugtter y the unlawful feloni- |
Gus killing Of another, without any malice ez- |
pressed or implied.
Sd. To constitute murder ia the first degree
you must Gnd from the evidence that the kill
ing was wilful deliberate premedi.ated and
with malace aforethoughi.
4th Killing human being wiifully is the
killing purpose. The act to be wilful must
have deem specially wlled by the defendant 10
deliberate the killing is 10 reflect with view
10 make choice. Premeditaed meas prior
tinteation to Kill to rreneditate is to think be-
fore il is executed but to constitute premedita-
tion it is not necessary that the design and
t purpose to kill should be formed in the mind
foy any particular length Of time before the
killing If il be bu, for minute before il is
sufEcien; to constitute tie element Of preu,ed )
itation.
c :th. Malice is the dictate ofs wicked de-
: pravel and malignant heart. L i not neces
Q sa1y that the malignits should be confined to
e il particular i'll will towards the petson injur-
e Ell /; isevidenee ~ any act which springs
d from xickd and corrupt motive. attended by
circumstances indicating heart regardless o
I; social duty and bent mischief.
e Malice is said to be expressed Wien tht
-e cruel net is done with sedste and deliberate
: miud with settled and formed purposes. Thi
II kinl of malice is generally evidenced by III
it circumstances preceding and attending tn
= transaction complained of, or by an unusua
ID degree Of cruelty attending the act. Malic
ia implied when the killing is sudden withou
any or great provocaton and when the &C
4 necessarily shows a deprased heart.
A. 9th Malice may be egitimately inferrei
ot from the weapon used, and W hen the killing i
S. with a dangerous weapon calculated 10 pro
a. duce and actually producing death, in the alb
sense Of proof that il was accidental or upol
great provoea,ion, the presumption of the lay
j. is that the act was voluntary and with malie
ne aforethonght
re- 1th. The law always presumes that part
r intends the probable aud effects of his deliber
,d ate acts aud when therefore the killing is de
ce liberate, malice is presumed. Iftherefore yo
II, ..lou I tfoV V.fep psfo Mt Il
n cd Charlotte F. Felter wilfully deliberate
ne and premedita,elly the law presumes malie
s> and the defendant is guilty of murder in III
as irst degree and you should SO find.
lif sth TIE killing of human being wit
he malice aforethought either expressed or in
ed murder in the second degree. If thereto,
YOU find from the evidence ,ha, the defendal
ON killed said Charlotte +. Felter with malie
in aforeihought and find that the ingredients
deliheration and premeditaticn did not be,
led exist, you will find the defendant guilty
murder in the second degree.
aa And if you find from the evidence that ii
~, defendant killed Charlotte T Felter unlawful
!. " and feloniously without any malice expires
:, or implied as before explained, you will hn
10 him guilty of manslaughter.
9th The defendant is presumed to be inn
cent until proved guilty, you are the so
indges of the facts aud the weight Of the ev
lence and before you can convict you must
ms satisfied from the evidence beyond reaso
on able doubt of the guilt of the defendant. II
'"e doubt however must be actual, substantial +
tional and conscientious and not mere spec
lation. Every relating to human affairs al
de depending upon human testimony is open
some possible imaginary doubt. II t
whole evidence taken together produces su
., conviction on your minds, of the guilt of I
defendant as you would act upon in matt
Of the highest importance to yourselves in
like case, it is your duiy to convict. In o,i
words full and satisfactory proof is requir
ian' No mere weight ofevdenee is sufficient uni
WIN it excludes all reasonable ua reason a
h'h' doubts as to the guilt Of the defendant.
in- proof Of guilt mus, be inconsistant with a
other rational suppostion. The doubt b
entities tc an acquital must be real and
, he captous or imaginary, 1t must not be for
ouse or artificial doubt, manufactured, so to sp'