The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1875-12-17

or other disease OF the brain the immediate
cause, the wound was the cause Of the sup
puration and therefore the cause Of his
death.
The true distinction in all such cases is,
that If the death was evidently occasioned
by grossly erroneous medical treatment the
original author will not be answerable, but
if it was occasioned from want of the high
est medical SKILL which could only be COM
manded at distance, he who inflicted the
wound is responsible, because he has will
fully exposed the deceased to risk from
which he has no practical means o escape.
Is there reason to doubt in this case that
the deceased cane to his death by reason of
the wound inflicted on the morning of the
7th of September? A man, apparently in
good health, while standing up is stabbed
with pitch fork, a tine of which is thrust
through the outer and inner tables of the
skull in the arch of the left eye-he at once
falls to the ground, deprived of consciousness,
paralyzld upon one side and is thereafter
powerless and speechless or almost wholly
so to the day of his death, which
occurs Is days afterwards. He re-
ceived mediate treatment at the hands of his
family physician aided by the advice of oth-
er surgeons, but continued tO fail until he
died. Ii you are not satisfied that the
blow inflicted by the prisoner was the meli-
ate or immediate cause of the death of the
DECEASED whatever you may think of the at
tack You ought to acquit absolutely.
The crediOility of witnesses, their means
of knowledge and every circumstance bear
ing upon the guilt or innocence of the pris-
oner are matters wholly for the consideration
Of the jury. Before convicting of the capital
or any lower grade of ohensa, every fact es-
sental to constitute such oftuse must first
be found under the evidence beyond rea-
sonable doubt.
Homicide Is the killing of human being.
1t is iustiiable rs in case Of life taken under
sentence OF the law. |! Is excusable in case
of self defence, and it is ftlonious, as in case
OF murder and voluntary manslau shter.
Murder is where a person of sound mind
and discretion unlawful ly kills reasonable
creature in being in the peace of the Com
monwealth with malice atorethous sht, express
or implied.
Malice is an essential element in the crime
OF murder When the killing is OF scdate
mind and formed design, the malice is ex-
press. Malice is presumed when the act is
deliberately committed with deadly weap-
on and is likely to be attended with danger
Gus consequences. In the legal sense, NAL
ice means that bad mind or spirit which i'm.
pels one to inflict injury upon another with
out cause or sufficient provocation, and is
implied by law from any deliberate and cruel
act committed by one person against anoth-
er.
A statute of this State, to which we will
presently call your attention, establishes
division of the crime of murder into grades.
and mitigates the punishment according to the
Nervousness of the circumstances or facts of
the case. If the evi 1ence establishes mur-
der as | have defined it, then the act of as
sembly comes in and fixes the grade.
Voluntary mansaughter is the unlawful
killing of another without malice on q sud-
den quarrel or in heat of passion. To extern
uate or reduce homicide from murder to
both passion and provocation
must exist Provocation without passion or
passion without provocatiOn will not suffice
to extenuate the offence.
Whenever the killing is clearly shown by
the prosecution, the circumstances of excuse
or extenuatiOn must be established by the
prisoner unless they are shown by the evil
dence adduced against him.
Words of reproach, how grevious soever,
are not sufficient to free the party killing
from the guilt of murder; nor are provoking
actions or gestures, expressions of contempt
or reprOach without an assault on the person
But assault upon the person or blows are
deemed sufficient to excite the passions to
such extent as to deprive the mind for the
of the power to deliberate.
Neither is bare trespass against the prop
erty OF another, nor his dwelling house, suf.
hclent provOcatiOn to warrant the owner in
using deadly weapon in its defence if he
do and with it kill the tresna,ser it will he
even though the killing were actual.
" necessary to prevent the trespass The
invasion of property cannot lawfully he de.
tended by the extreme measure of taking the
lie of the invader. The law regards q bu.
man life as of more value than anv amount
Of property.
In def.nce of tho ,or,or ho,,;o;,o
,o o,o,,,ohIo I'll FL ,,.,, ,h. Lo''o'ue may
yell so,tlod T. !, ,h;a thpt % J.; 'n"l ouoJeo' Is
sxcuse the k;lling of one who ia tho " osuH suGn
,nt mnst bo ,ndeSr raomnb,n me mnO 20 sio assail-
lion of loss of life or of oreat hod|n ha.
md tho dan 70, n,,st ha q 10y naih,
moment of the .s.anIt as 70 n. nro,nDt nv a. t .ie
native of escaning ;ts consannonna, ~ h'', L,,
.a.;stanoo Ti -, ,:,uissiuenoIs pu' oy
,ble even II IL turn out ofternars a ,Lot th
vas not ac,uoI Gannar IT, Ian, v;'a. is1 .r1te
ense ia a law of naees.i,, nod i"% ~ " seii-te
mat ho rool or -. iii 4; "n 'iI IL "eeeIsi'y
'iitv and annear =" odn,ir 90 nn a'hos & oi ae
,ative hefors tak;nn I;c' MI, 10 t ST.
n ali cases where II H;s DO f,noo ~ W., u,Cus"ote
ydencs sbonld NO Sa",;naJ "v ';,h ,i Wv W, Tue
rder IN co. tho, II go ,,,ho,o - III
es, nm tbo ,rrnJ es W"o.o ",one !. can
es.;tv The a', " d., I, aia y, "ppaIen' ne
ara bo Snob onI,, ~, T. n,ea e .na9'' .here
TO-, 10 na,,o,, 80 s.o, Necessary " protect
nd must not he en,irelvs sS" WU nal1