Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-11-06

SING PRISON FOR FOUR YEARs-RE-
MARKS OF JUDGE DAVIS ON IMPOSING
THE sENTENCE-sGENEs IN COURT, ETC.
After the District Attorney closed his
argument, Mr.. Tremain asked the Court
to tell the jury that there were rumOrs
afioat affecting the jury which should
not in any way influence their verdict,
and the Court consented; also that they
should dismiss from their minds the ar
gument that the prisoner had no papers
because none were found on his person.
Counsel attached no Importance to them
or it could easily have been shown what
became of them. The Judge said the mat
ter rose no higher than the statement by
the prisoner that he held the papers.
With regard to the statement that there
was no proof of personal violence ever
committed by Fisk, counsel asked to
have that carrected. as Mr. Ramsay tes-
tilted that Fisk went in a violent man
ner, with roughs, to take possession of
the Susquehana railroad, and was forci-
bly, elected by Mr. Van Valkenburg.
Mr.. Phelps claimed that the evidence
was that Van Yalkenburg took Fisk by
the collar and walked him out of the
office. Mr.. Tremain then read the testi-
mony, and it proved to be that he took
Fisk by the collar and elected him.
Some additional corrections were asked
for and the court took a recess.
JUDGE DAVIS CHARGE.
Judge Davis commenced his charge To
the Jury at 1.25 O'Clock 1t was ex-
tremely lengthy, After covering the
points of law and evidence, he concluded
as fellows -..,.... ...
''You are bound, gentleman, in duty
to yourselves and to the community, to
give this case careful and dispassionate
consideration within the rules which /
have laid down for YOU If You find
that the prisoner inflicted the wound
with a design to commit murder, within
the definition of the statute, with pre-
meditated design to kill, andi you are
CoGvinced that the deceased died from.
another cause. notwithstanding, then. it
would. be your duty to convict of an al
tempt to scGHanlt. murder in the first de-
gree. If, passing. that quessi you
come to the conclusion that the wound
was inflicted with a design to take life,
and that it was accelerated simply by
the medicine, or that 1t was a concurrent
cause of death in any degree, y0nr tlpty
will be to find a. preneditated. design to
effect death, and TO. convict of murder
in. tne first degree. IF you find that the
deceased died from the effects OF the
wound and that it was inflicted with q
premeditated design to. kill whether that
design was entertained for days, or
hours, or any length of time whatever
before the commission of the act. even.
if it were formed at the time of. the Kill
ling, YOU viii convict of murder in the
first degree. If you'eoneiude that the
prisoner unnecessarily killed him under
apprehension, when. he had no reason
able ground for apprehension, of danger,
and when he could have retFeated from
from all personal danger, you. may CON
Wet of manslaughter in the second de-
degree. If you conclude that the rnuF-
der was done in the heat of passion
without a design to effect death, then
you may convict of nanslaughter in the
third degree; or if you come to the com
clusion that the offence was committed
under circumstances where. although
there was no, real danger, the prisoner
was not actuated by any design to take
life, but was actuated by an erroneous,
idea as to the, possession of a pistol by
the deceased, and there was no real dan
ger, and the killing was entirely without
a design, then you can. convict in the
fourth degree of manslaughter !:
If you conclude that the prisoner fired
in self-defenee while Fisk was in theact
of committing a murder upon his per-
son. then he is entitled to acquittal. or
if YOU are satisfied that Fisk made the
assault with intent to do him, great bod
ily harm, under the circumstances des-
cribed by Stokes, he being in q position
where retreat was impossible, and hav-
ing reason to fear the apparent imminent
danger, he will be justified. Give to the
case, gentlemen, your serious examina-
tion. This case has occupied public at
tention long enough, and it ought to be
disposed of by jury. Twelve men must
decide it some time. | ask you earnestly,
if the evidence satisfies your consciences,
to dispose of this case. Give it calm
consideration. Spare no efforts to in
vestigate all the elements, and come to
a rational conviction as to the true ver-
dict which shall be given. | have nei-
ther spoken of public or private feeling.
These are not considerations for you, sit
ting here, to administer justice. The
effect on the accused and on his excel
lent friends should make you act with
caution and care, but without hesitation,
where the evidence constrains you so to
act. We cannot help feeling deeply.