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

o,os,ioo T Iou' un ,',uu' ~ ue uo' "po" .o,1
iho dafnndoat 80 .,,,s, h ,t,;sc,a,asi,,, III,
osol r.o,, IL s;, ". o. " e"''
TT ,hn s;oii. ons o'iou.nss'no.,, ..t :, ,
o;,hos n,,,rJau ~ a,.L,e. "aJ nos " "~'
w, W.. "uaue, 'ha y, ''"is,ausl.ei. 's; ,:,,
rodroa tho og,n p,o'Uena oi,,n' 40 ai. ~ ,"% m'
terS W. p InvV1 W ,o,uny a;I ~ =, ,ansSu .Js
1os,,,ros ara ,'ot .oJ T b,, 'I"s I", "os On on
eiont rr"vooa,;a v; ~, J',y ~ m n;,,;a S h"in oJ
,ho rrapdo os ,,,.d W i 90. q n.s o,i"" ,,,
a trss,'oss $780,, ,La o,,,;ua ~ Nv sna.
and opass Hpon .ne premises Vi 'he pr,sone,
without more. even tbonob the pnrpose NAV
have been To foht wond not reduce The
grade of the offence IN manslauchter If The
prisoner opened the door To ossal him and
did at once assail him with n deadly weonon.
But if there be any evidence which proves
that the prisoner opened his store door to
drive away the deceased and was assaulted
bv the deceased with tho cane which be nod
in his hand and the prisoner was thereby
Iashed into n passion. and in the heat ot
blood, at the moment, seized the first wean.
on at hand and struck the fatal blow. the of.
fence would be but manslaurhter.
For the mere purnose of freeing the nris-
oner from the presence of the deceased he
had no ght to resort to the fatal use of a
deadly weapon. Even if there wa. a chal.
lenge to come out and fight or settle their
difficulties. the use of n dangerous weapon
and taking the deceased wholly at n disad.
vantage would be evidence of malice.
If the killing be found to be excusable in
self defence the defendant is entitled to an
acquittal. If it was upon sufficient PROV
cation and not with malice the verdict should
be guilty of voluntary manslaughter but il
without such provocation and passion and
without excuse the offence is murder. If
murder, the most important question will be
as to the degree.
The Act of Assembly of this Stase nossed
in 1894 and re-enacted in the criminal code
in 1850 providcs that all murder which sbalI
be perpetrated bv means of noison or lvin,
in wait or bv any other kind of wiIf,I dc.
liberate and premedtated killing. or which
shall be committed in the PERTURBATION.
or attempt 10 perpetrate any arson rane
robbery or burglary. shall he deemed murder
of the first degree, and all other binds ot
murder shall be deemed murder of the sec.
ond degree and the iury before whom anv
person indict, d for murder shall be tried
shall, if they find such person guilty. there.
OF, ascertain in their verdict Whether il be
murder of the first or second degree
This statute has been the subject of con-
sideration and judicial construction in many
cases, and it may be stated as the uniform
conclusion, that except in cases where the
crime is committed in the perpetration or
attempt to perpetrate either of the felonies
mentioned, the intent to kill is of the es.
sence of the offense of mur der in the first de.
gree. The act must not only be wilIul. de-
| liberate and premeditated, but there must
| exist in addition the intent to take life
This general statement of the law NAV not
| CONWAY "a, ,,nur mind, tho oxoa. 4
meaning of these words, wilful, deliberate
and premedtated as used in the statute. For
the purpose of more full explanation. and
that you may clearly understand what facts
must be found before there can be a co,yic-
ton of a capital offence, will be more ex-
plicit.
IF an intent;on IN k;ll ex;sts Il 10 v;,r,,
if this intention be accomnan;eI bv small,
circumstonces 90 ev;donco a n'inJ s,ii', oa.'
soions of its own nnrnoSe and de.;an i 10 da-
liberate and if snticient time ba ashrdna
to enable the mind to frame tho nlan to carI
nv the design into execnt;on il is nremsdi.
tated The law fixes upon no length of ,ime
as necessary To form the ;ntention to Iii,
but leaves the existence of a f,Ii, snrn,n3
intent as n fact to he determ;ned hv tho ;,,r,,
from all the facts and circnmstances in owl.
dence. 'N' - " :
The law regards and the iurv must find
the actual intent m lii with 80 nmoh ,;n,a
for Neliheration and nrem editat;on as 70 ,.e onn
vince them that this nnrnose il not rho iyn-
mediate ofIsnrinc Of rashpess and ;mmet,,nm,
temner and that the mind il hecomra ,nii,,
conscious of its own design IF ,Lero .aIs hs
time IN frama in tba MA fli,, anJ o D'
sciouslv the intent;on to lin .nd a ~ soIon, ID
the weapons or mean, of death and ~ ,I;nI
and know beforehand tbonob Tho t;na ,"ha ha
short the use to hemaae of E ,haro '",i ~ ~; uo
to Deliberate and nremeditate '''''
The proof of the intention to tiI and .,
the disposition of mind constitn,;na n'm.ar ""u VI
Of the frst degree lies m the nnman,,t u'n
Rut tho nroof nood no, hn ownio 'O.,ah"e'l'n : u
tive II NAV he inferred fron ,bo '" o;ra' p"s,.
stances IF from oil tho fants ot,aud;n nu G,euhi
kiliing the inrv can f,IIv and sat;af'oto sIo
infer r. eJS;Stan"a of tbo Inv ;mta,,iam w ;iy
and the malice of h. heart o win , wbich 70 :, nn
done thew will he uarrantod u, sn ia; u was
He who uses nnon tbe hoJu 81 ono,Ls Lo,"s.