Holmes County Republican. [volume] (Millersburg, Holmes Co., O. [Ohio]) 1870-1895, 1871-08-03
THE HUNTER TRIAL.
The Case Given The Jury--Judge Nc
Ciures Charge in Full.
AKRON, July 2e

AKRON, July %
The Hunter case was given to the
jury at s O'Clock this morning,
Judge Mcclure charging the jury as
follows:
GENTLEMEN: - The Indictment
which has been read in your hear
ing, charges John H. Hunter, the
defendant, with killing Elizabeth
Gargett, on the 9th day of May
I1S7l. 1t charges also that the act
was done with a pistol, commonly
called a revolver, and with that ht
did the deed unlawfully, feloniously
willfully, purposely and of deliber
ate and premeditated malice. II
short the Indictment charges the de
fendant with the crime of deliberate
and premeditated murder in bott
the counts thereof.
The second count varying from
the first one but little, except per
haps in phraseology and in giving s
more particular description of the
instrument of death, used by him
in taking the life of his victim
When there are two or more counts
in an Indictment, varying only in the
way of describing the offense in un,
essential words, which are all the
same in legal effect, it is not neces-
sary that the jury should regard the
difference.
may add farther that the indict-
ment in this case charges the defend
ant with homicide, the circumstan-
ces of which if proved as alleged,
and in the manner hereafter to be
noticed, would constitute murder in
the first degree-yet, it is my duty
to say to you, that an Indictment
thus found, embraces not only the
highest grade of the crime as above
mentioned, but also, the subordin-
ate grades of homicide as describ-
ed. in the statue, and under it the
defendant may be convicted, if con
victed in the second degree or man
slaughter only.
1t is not necessary in this case
that / do more in this part of my
charge than to call your attention to
that clause in the first section OF
the crimes act, upon which the in
dictment is founded.
The clause referred to above reads
as follows: H. s.--e
''That if any person shall purpose
ly, and of deliberate and premedi-
tated malice, kill another, every
such person shall be deemed guilty
OF murder in the first degree, and
upon conviction thereof shall suffer
death"
But as / have already said to YOU
that an indictment found on the
foregoing clause embraces the low
er criminal grades. of homicide,
it is proper that ! should here define
in the language of the books sub
stantially, the three grades of GRIM
inal homicide, for the perpetration
of which the law prescribes penal
ties more or less severe, according
to the grade. ..s-f.'
OF these grades there are three,
as before indicated; murder in the
first degree, murder in the second
degree, and manslaughter.
Murder in the first degree, is the
intentional, unlawful killing by one
reasonable being of another, in the
peace of the State, purposely and
of deliberate and premeditated NAL
ace. Murder in the second degree,
is the Intentional, malicious and un-
lawful killing by one reasonable be-
ing upon another in the peace of the
State, without deliberation or pre-
meditated malice.
Manslaughter is the unlawful kill
ing by one reasonable being by an
other in the peace of the State, eth
er upon sudden quarrel or unin-
tentionally, while the slayer is in
the commission of some unlawful
act. ..... f.-- s.... sl-...,.-.--r ~
As before suggested, the prisoner
at the bar, if not acquitted, may be
found guilty by you of either of
crimes above described and defined; !;
and here l may as well say ex-
pressly,what has more than been in
timated during the progress of this
trial thus far, that in coming to a
conclusion as to the defendants S
guilt, or the degree of it, you are
to lay aside all prejudice, all pre-
conceived impressions or opinions
if you are conscious of having en-
tertained any, and you are to disre-
gard outside public opinion, if per-
chace you have heard. it expressed,
and all expressions ofopinion aeci-
IDENTITY uttered lin your presence
by those who were called as jurors,
and upon examination found not to
have possessed the requisite quail
fications to take seats with YOU
as the tryers of the issues Joined be-
tween the State on the one hand and
the defendant on the other.
In short, gentlemen, to enable you
to disclose the truth,as by your YER
dict you are bound to do,-t
the sworn testimony of witness
es to whose recitals you have listen
ed as to the facts and circumstances
of this homicide, is to be your sole
and only guide under the law as you
receive it from the court. tsii ~
To the Indictment preferred
against the defendant he has plead
not guilty. J.. .l. /. t-
BY such plea the defendant denies
every material allegation contained
in the Indictment. 5a g7d
Indeed, by such plea he not only
negatives every material ayerment,
but he entities himself to the bene-
it of the legal presumption of inno-
,ence until proved guilty beyond a
doubt.
He entities himself to demand
that such legal presumption shall
wall him, even to the extent of an
icquittal, until it shall be overcome
oy reliable countervailing eviden
,es.
There are facts, common to all the
grades of homicide to which have
idverted above, ,ofthe truth of which
,he state must satisfy you beyond a
doubt, before YOU can
ind the defendant guilty of either.
These are:
1st You must ascertain whether
Elizabeth Gargett was alive within