The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1875-03-18

| lawful character OF tne ACT Is 0lSDr0Ye0,
you should find the prisoner guilty of
manslauehter, although the defendant
did not know the poisonous character of
the laudanum, and did not intend to kill.
If the act was committed under the
state of the facts aforesaid, and was done
for the purpose of stealing the money of
the deceased, or, in any manner to injure
him in his person, or property, of course
such motive for the act would not de-
prive itself, but would confirm its illegal
character. And if the act was done with
out any intention Of benefting or being
useful to the deceased, it would not rebut
the unlawful character of such act.
But ifyou find by the weight of the
evidence that the deceased, while intoxi-
Gated, gave himself into the charge of the
prisoner, and requested the prisoner to
60 with him to Fulton, for his money,
and to take care of him, and to see that
he did not lose his money,-and that the
deceased, after receiving his money, be-
came so intoxicated that he was incapa-
BILE of taking care of himself, or, of hav-
ing rational judgment in regard to what
he may have needed, or what would be
useful 10 him, in his condition-and the
prisoner, thus having charge of him, so
administered laudanum to him, for the
sole purpose of putting him to sleep, that
he might recover from his intoxication,
and be enabled to reach his home in
safety, and without the loss of his money,
and in so doing unintentionally caused
his death; and find further, that the ac-
cused was free from rashness and reCk-
lessness in giving the laudanum, and used
that care which persons of ordinary pru-
dence are accustomed to employ, under
the same or similar circumstances, to
avoid injury to the deceased, if you find
the laudanum was given under this state
of facts and circumstances, the unlawful
character of the act would be rebutted,
and you should find the accused not
guilty.
In regard to the testimony / will make
some general observations. Testimony
to show that the deceased was in the
habit of getting intoxicated, was admit
ted as tending to show that the accused
gave him laudanum only for the purpose
of causing sleep, to prevent the deceased
| from going into dellrium tremens, and
as tending to show that the death was
caused by his Incorporate habits or alco,
holiC poisoning and not by the laudanum.
For these purposes only, you should con-
slider this testimony. Counsel have read
| toy on quite at length from medical and
other books. These extracts, 50 far as
pertinentcohns could properly read, as
illustration or argument, and as part of
the argument you should consider them.
But they are not, and you should not re.
gard them as testimony, or as legally es-
tablishing the truth ol the various cases
des s3ribed therein,
The defendant chose to testify as a
witness, as he had right to do, at his
own request. His interest in the result
of this prosecution is for your consideW-
ton as affecting his credibillty
The general character and reputation
of the accused, for peace, quiet, and nom
esty, as you may linl them to be, from
the testimony, must be duly considered
in weighing the testimony, III determln-
ing whetherany fact occurred, as claimed
by the State, or by the defendant, and
especially in judging Of the intent, pur-
pose, and motives Of the accused in do
ingor saying anything you find proven.
In giving effect to the defendants gem
eral character and reputation, as the tes-
tlmony may establish it, you should first
consider t6is character and rpnut.tior
and give it its due weipht. before de-
termIning the gulC or iEnore,cp ofthe
accused. of either Of the offences charged
in the Indictment You shouId cousida,
them in every point of the case.
Tfvor 6rd rho oo,or,l r,,,t,.;,,, AL
character. aforesaid. of the accnspd tn.
have been GOOD prlur 10 the aiIpgrd rnn,-
mission of TINS crime, It's effect Wolld he
to make it less credible that the defend
ant Is guilty. than II w0uid he if these
mad been shown to be bad. or if there
had been no testimony in regard to them
Rnt ifoner ror.idsr;ra nil No to.f
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lHeso aheseu admissions, or couies-
slOAa YOU shouIu receive NNu great cau-
uon, Ior De9lao5 The danger ot mistake
Irom Jhe apprehension OF witness inc
misuse oi words, The failure of the party
to express his own meaning, aud the IN
lrmi'y ot memory, the mlnd OF the prIs-
oner may nave been oppressed, and per-
Lurued by Jne Calamity oI ms situation,
and he may have been influenced by