The Andrew County Republican. [volume] (Savannah, Mo.) 1871-1876, 1875-11-05
The Alexander Murder Triai.-1n-
structions to the Jury.

We made mention last week of the
result OF this tr;al-the defendant being
forEnd gritty Of manSlaughter IN the sec
ond degree. ana sentenced to rhe peni-
femtiary for three Years. The applica-
ton for new trial was overruled by
Judge Kelley. The defendant then
took an appeal 90 she Supreme Court,
and gave bond IN the sum Of five thou
sand dollars for his appearance. The
case viii have a hearing at the May
Term. Below we give the Instructions
given by Judge Kelley to the jury
Ed
l. It is thc duty of the court to 10
struct the jury on all the law arising in
this case and it is the duty of the jury to
respect the instructions of the court as
the law of the case, and TO find the de-
fendant guilty. or not guilty according
to the law As delivered by the court, and
the evidence as they reciye it from the
witnesses on the trial under the direc-
ton Of the court. No consideration of
public policy on one hand, nor sympa-
thy or mercy on the other, should be al
lowed to influence the jury in renderin q
their verdict. Jurors nave no right TO
permit their private feelings to interfere
with the discharge Of duty, but they
must look to the law and evidence as
their guide, and applying the evidence
to the law. return such verdict rs in
their most deliberate and careful con-
sideraiom of the whole case, is warrant
cd and required by the law and the eyi-
dence.
.. II the jury find from the evidence
that the defendant, Henry c. Alexander.
at the county of Nodaway. in the State
Of Missouri. about the 18th day of No
vember. 1873, willfully ,delibcratel " and
nremetiitatcdlv. shot and killed Jacob
Norrick. You should find him guilty of
murder in the first degree, and so state
in Your verdict.
9. The drliberation and premedita-
ton necessary to constitute murder in
the first degree, may be inferred from
the circumstances connected with the
killing; and if malice existed it is suili-
cient. 1t is not necessary to prove the
length of time II existed. If the defen-
dant shot and killed Jacob Norrick, and
at the time did intend to kill him for a
minute, as well as for an hour or dav,
then the killing was willtul, deliberate
and premeditated. II the act was com
mitted deliberately with Il deadly weap-
| on, or one likely to be attended with
dangerous consequences. the malice re-
! qui>ite TO murder may be presumed fol
| it NAV be inferred that the defendant in.
tended the natural and necessary effect
| and consequences of his acts. IT, there
! fore, from all the facts attending the
| killing. the jury can fully, reasonably
and satisfactorily, infer the existence OF
an intention to kill, they will be war.
ranted in doing SO.
4. Ifyou find from the evidence that
the defendant willi'ullv and maliciously
shot and killed the said Jacob Norrick
with a shot gun, deadly weapon, but
without deiberation and reconciliation
that is, without having formed the in,
teution TO shoot and kill him until the
instant Of the shooting, you should find
the defendant guilty CT murder in the
second degree, and so state in your YER
dict. and assess his punishment at i'm
prisonment 10 the penitentiary for any
determinate period not less than ten
| years.
5. If YOU find from the evidence that
the defendant Intentionally shotand'kill
ed the said jacob Norrick. with a shot
gun, which the jury may believe was q
| deadly weapon, the law will imply that
| the KILN" was malicious, and it de-
wolves npon the defendant to show by
| the evidence 60 the reasonable satisfac-
ton of the jury that the killing was JUS
tiiiable, unless such justification appears
! from the evidence offered by the State
| g. Malice, as used in these inStruc-
tiOns, does not mean hatred or iil-wil
merely, but the Intentionally doing o
wrongful act without just cause or eX,
cuSe.
Z. The law of self-defense is law
of necessity. taking life cannot be justi
fled, and is not ju>tiliable when it cal
be safely avoided. If q man anticipate:
difficulty he must not seek it, or invite
|
| he is attacked or assaulted, he may uSt
such force as may be reasonably ncces
sary to repcl the assault, and no more
| If the situation and circumstances are
such that he might safely avoid the as
saut and personal harm by riding o.
moving out of the way, or by using hi
weapon in some other less fatal way, i
would be his duty to do so rather thar
take human lite. But if he did no
bring on the difficulty, nor voluntaril,
engage in it, or provoke it, he woul'
not be bound to flee to avoid it, bu
might resist with necessary and ade
quate force until he was safe. and if h
could not see any other way of protect
ing himself against great bodily harm
he might instantly kill his assailant, ant
| xr,o,,l1 ho IN, co loynr