Evening star. [volume] (Washington, D.C.) 1854-1972, 1871-10-02
THE MCCARTHY HOMICIDE.
Closing Scenes Of the Trial OF Dennkz
Darden-Charge Of Judge
Humphreys.
.sCqUIrr.xk OF TINE PRIs0.s.ER.
SEVENTH DAY.

CRIMINAL COURT, Judge HHnphreys.-rhis
morning the court room was crowded to over
flowing, and it was noticed that the large table
used by counsel had been moved TO the center
Of the floor, and twelve chairs arranged i'm two
lows for the Jurors Immediately in front of the
clerks desk. few minutes after 10 O'clock
Mr.. MeNeir, foreman OF the jury, having recoy-
cred so far as to be able to appear with his feI
low jurors they entered and took their old place,
but were soon assigned to the seats prepared for
them Immediately in front of the Judge. The
prisoner Vas accompanied into court by bailiffis
Stahl and ONeal, about 1925 O'Clock, and took
his seat at the south end of the long table, be-
hind the jury. He was perfectly composed and
exhibited none Of the wildness he did on Satur-
day.
Judge Humphreys took his seat on the bench
once. After calling the jury and the special
panel,
JUDGE HUMPHREYS SAID:
Gentlemen for the defense-counsei: 1 have
written ont charge which deem il nv duty
to give this jury. IF, after L have given tht,
charge you choose 20 argue any question OF law
to the court, will hear you with pleasure. If.
after giving the change to the jury, you wish TO
argue any question of fact to the iury | will
hear you with pleasure.
CHARGE OF JUDGE HUMPHREYs
If you find from the evidence that the defen
dant, Dennis Darden, shot the deceased from
the effects of which he died-ther you will de-
teIm1ne from the evidence whether the killing
was murder, manslaughter, or was done i'm self
defence. or was done Galer such circumstances
As would reasonably create an IMPRESSION on the
mind of the prisoner that if he did not take the
life of deceased his was in danger, or he was i'm
danger of some great bodily harm. And in this
latter connection you areso take into consider
at.on whether the evidence establishes to your
satisfaction that deceased had already severely
beaten, bruised and injured defendant; whether
or not he bad used pistol III any way upon the
person OF the defendant, or mad it in his posses
sion and had exhibited it during the fight ID the
defendant If you find these Facts in the affir-
NATIVE you will render a verdict of not guilty;
unless you find that the defendant sought dif-
hculty with the deceased and went willingly into
the fight and in the sudden heat of passion shot
the deceased-then ne would be guilty of man
slaughter.
If you find from the evidence that the pris-
oner had Iremedtated difficulty with the de-
ceased, had sought Linn out, had previously
armed himself with deadly weapon in view Of
using II on the first opportunity if they did meet
and fight, then he would be guilty of murder.
IL you find from the evidence that the deceased
had threatened 20 take the life of the prisoner,
or TO do him some great bodily harm, and this
threat had been communicated to prisoner, and
that he was a much larger, stouter and more
muscular man than defendant, then the law
authorizes the arming by the defendant for
mere purposes of self-defense, either to life or
serious bodily harm. And taken in connection
with the threat, If proved 10 your satisfaction
the arming would be lawful, unless you find that
the arming was done to crafty malicious pur-
pose to kill and slay the deceased in a rencounter
regardless of imminent danger.
The mere fact of either of the parties being
upon the streets at night proves nothing, unless
you find, from the facts and circumstances, that
the motive in being there was to meet the other
with the view of fight.
You will determine from the evidence
whether, at the time the parties met upon the
Avenue, one or the other brought on the fight
and whether or not the prisoner endeavored to
avoid a collision with the deceased. Ii YOU find
that he did endeavOr to avoid collision with
deceased, this is fact which must operate in
the defendants favor.
1t is for the jury to reconcile any apparent
conflict Of the testimony of witnesses, SO as to
make all speak the truth lift can be done-if the
evidence Of witnesses is irreeonclable then the
jury alone must give weight to that which they
believe-andts is your duty to believe that which
is reasonable, consistent and probable.
Witness Nilsson did not see the beginning of
the fght-he does rot pretend that he saw it.
IL he came up at the time he says he did-and in
this the witness Hoover corroborated him, al
though the witness Cozen contradicts him
been going on, and all the witnesses state that
deceased had severely beaten and bruised the
prisoner, and some Of the witnesses say that
the pistol had been snapped at Darden, the
says as to his attempt to separate the par
ties, yet If you find that the shooting
took place Immediately, or SO quickly after the
was not time for elaboration or coolness-and
you will remember what all the witnesses, off,
GERS and all, said as to the excitement-then you
can and Ought to look to the previous attitude
and condition of the contestants to determine
whether there was danger to the life of the pris-
oner, or II there was reasonable ground for him
TO apprehend some further great bodily harm.
II you find that the prisoner was actuated in
what he did by previous determination to seek
out deceased and shoot him, he is guilty Of muir
der.
II you find that the rencounter took place.
both parties being willing to fight, both being
armed, and that of a sudden, in the heat of pas.
SION, prisoner slew deceased, he would be guilty
OF manslaughter.
If you believe, from the evidence, that the
prisoner when he met deceased attempted to
walk on the pavement so as to avoid a collision,
but that deceased laid hold of him, and that the
beating which the witnesses have all described
took place, and that so soon as he was released
from PROSTATE condition and before he had
time to cool, and smarting under the effects of
terrible blows previously given by deceased, he
acquit him.
All reasonable doubts arising in the case at
each progressive stage of it, growing out of the
evidence you must give the prisoner the benefit
OF. II you have reasonable doubt in your
was murder or manslaughter, your duty, by law
is TO reduce the offence to the lower grade-to
granddaughter. II, in the further prosecution of
your inquiries you still have a reasonable doubt
on your mind, arising out Of all the evidence
whether the killing was manslaughter or excu-
sable on the grounds heretofore stated YOU are
required by the law to give the prisoner the ben
eft of the doubt; and such Is the result of your
Investigations the law demands a verdict Of ac-
quittal.
The character of the deceased for turbulence.
III.
are TO Judge what the evidence ON that point, as
all others is.
Because a man may be quarrelsome, quick.
turbulent, physically strong and powerful, this
does rot excuse another for shooting him down,
or placing himself in an attitude Intentionally
TO come in collision with him, and to seek a
quarrel with a view to shoot him. OF the evil
dence of this you are to judge and determine
But such character, when taken in connection
with any threat that may be proved to the sat
isfaction of the jury, and in connection with the
struggle of the parties in impressing upon the
mind of the slayer-the prisoner-a reasonable
apprehension of continued danger to life or
body, then such character will weigh with the
jury, by law, in favor of the prisoner.
Question.-Haye you any thing, gentlemen or
counsel for deferse, to ask?
Mr.. Riddle.-Nothing, your honor, on our
part.
Gentle men of the jury, one word of admoni-
ton ana instruction. Retire to deliberate on
your verdict. Let no one nos upon the Jury hear
or know of your verdict TIL the clerk Of this
court, in the presence of the court prisoner and
counsel, shall ask you If you have agreed upon
verdict, and what that verdict is.
II Is your solemn duty to exclude everybody
officers and all-from YOUR confidence whether