The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1874-03-28
JUDGE HARE,S CHARGE.

AS promised yesterday, we publish
below in full the able and lucid charge
of Judge Hare, to the jury in the case
of High Ainsworth for the murder OF
Reed G. Boyd, in Ellis county. The
case came to Dallas by change of venue
from Ellis county. The verdict of the
jury was eight years Imprisonment in
the penitentiary. We heard none of
the testimony-know nothing of the
real facts but understand the argu-
ments of council were highly credit
able to the attorneys on both sides.
Il. G. Bower and George \. Aldridge,
Esqrs., for the State; II. II. Sneed,
Esqr., for the defence.
In times like these, when society is
recovering from the baneful demorali-
zation of civil war, we commend Judge
Hare's charge to the careful reading of
all-especially those who carry wea-
pons and are prone to use them on
slight grounds.
THE CHARGE.
GENTLEMEN OF THE JURY: The de-
fent, High Ainsworth, and one Tom
Ainsworth, are charged with the mur-
der of Reid C. Boyd, and High Aims
worth is alone upon trial. | instruct
you:
First-Every person, with sound
memory and discretion, who shall un-
lawfully kill any reasonable creature
in being, within this state, with malice
afOrethought, either express or implied,
shall be deemed guilty of murder.
Murder is distinguishable from every
other species of homicide by the ab-
sence of the circumstances which re-
duce the offence to negligent homicide
or manslaughter, or which excuse or
justify the homicide.
SecOnd-All murder committed with
express malice is murder in the first
degree. And all murder not of the
first degree, is murder of the second
degree.
Second-To kill human being with
express malice (bcing murder in the
first degree) is, when one with q sedate-
and deliberate mind, and formed de-
sign, doth kill another, and this formed
design and deliberate mind must be
established by proof, the same as any
other material fact. The formed de-
sign is not an inference o. deduction
drawn from facts proved, but it is a
logical and necessary conclusion easily
and legitimately the result of facts.
proved. Thus if A. threatens to kill
b., and afterwards prepares himself
with the means necessary to execute
such threat, and does actually execute
such threat, by taking the life of b.,
then the necessary conclusion from
these facts proved, viz: the threat to,
III hn fn I-;l a
killing, are that A. prior to such kill
ing, had formed design TO kill. BuE
if A. takes his gun and kills b., and lsa
previous threats to take life or do hina
bodily harm, or other circumstances
showing a formed design to kill are.
proved, then arises an inference or de
duction of malice, known i'm law as
implied malice, and this would be-
murder in the second degree.
Fourth-Ifyou find and believefrons
the evidence that the defendant. High
Ainsworth, at any time prior to the.
18th day of September, 1878, in Ellis
county, state of Texas, took the life of
Reed G. Boyd with the express mall
ice aforethought, that is, that at the
same time prior to such killing, and
whilst the mind was capable of calm
and cool reflection. the defendant
formed the design to Kill the deceased.
and in pursuance OF such formed ~
sign armed himself and Deliberately
killed the deceased YOU will find hjsa
guilty of murder IN the first degree,
and assess his punishment at death,
or, In your discretion, to confinement
in the state penitcntiaIy for life.
Fifth-If you find and believe from
the evidence that the defendant, High
Ains~ora.,, took the life of Reed G.
Boyd I'm the time, county and mention
ed, yet the proof fails TO justify sou
that such killing was done with express
malice, you will then enquire whether
il was done under such circumstances
as the law would imply malice.
- II the defendant and the deceased
were on friendly ternsup to the killing,
or ifthey had had some misiIneieYstaud-
ing or i'll feelings but not of such ma
tnre as to clearly show deadly intent
or purpose on the part OF the defendant
and whilst such friendly relation
existed--or whilst such relation of i'll
will, not sufficient or clearly Indicative
of deadly purpose existed, this de
fendaut took his gun and killed the
deceased, this would be murder with
implied malice or murder i'm the second
degree, and il is murder with implied
malice for the reason that malice IN
such case Is an inference or deduction
from facts proved and not necessary
and reasonably Irresistible conclusion.