The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1876-01-19
WESLEY JONES.
A Righteous Jndgment-HIeis sentene.
ed Ia he Hung by the Neck
unIH Ife IN DPnd.

tu w cAVcHa Wy LllIoHH VI tHbtl "h"
excited citizens. Wesley Jones, the
negro ravisher Of Mrs, Benson, was on
on trial, and all classes oflhe commu-
nifty were present, all seemingly In
tensely Interested IN the result,
Jones was defended by Messrs, Fearn
and Kearby, and although they must
have felt the desperation Of their cuse,
they fought II bitterly and made the
most out OF what was almost fore
gone conclusion before even an argu-
ment was made. Judge Hurt closed
for the State aud made Il very brief
argument. He did not appeal to the
prejudice of the jury but simply coniln-
ed himself to lucis. About three o'clock
Judge Hare delivered his charge
and the jury retired. They were
absent about ten minutes, when
they returned and notified the
court that they had made up their YER
dict. At this juncture the immense
crowd became intensely excited, and
had to be called to order by the Sheriff.
Judge Hare made few remarks, and
said he hoped for the good name of the
county and city of Dallas that the
spectators present would make no de-
monstration one way or the other;
that, no matter what the verdict might
be, he implored them to remain quiet.
The foreman of the jury then arose
and pronounced the prisoner guilty,
and that he be hung by the neck until
he he dead.
When the verdict was announced
the crowd present seemed to give one
universal sigh of relief The Sheriff,
assisted by his deputies and members
of the police force, crowded around the
prisoner evidently prepared for any dc
monstration that might take place.
The prisoner was handcuited and
taken from the court room and the
mass Of the people who had witnessed
the trial crowded pell nell after him,
jamming and crushing each other as
they tried to get near view of the
prisoner.
On reaching the street the Officers
hurried the prisoner as rapidly AS pos
sible to the Jail, where he was securel,
confined. 1t is well for the goot
name Of our city that the verdict wa
hanging; had IL been otherwise, tn,
eight hundred or u thousand men tina
listened to the trial would have hun.
the black ilend to the nearest tree, ant
all the officers in the county could no
have prevented them. Below we ap
pend the charge Of Judge Hare to tn,
jury:
! GENTLEMEN oV THE JURY:
First The use of any unlaw ful VIC
lence upon the person Of another witt
intent to injure him, whatever be the
means or the degree of violence used
is an assault and battery. Any at
tempt to commit battery, or any
other threatening gesture, showing in
itself, or by words accompanying 1t
an immediate intention, coupled witt
an ability to commit battery, is al
assault.
Second-Rape is the carnal knowl
edge of IL woman without her consent
obtained by force, or threats, OF
frauds.
Thirdly force is meant an actua
unlawful violence, with intent to in.
| jure as above defined in assaults aud
batteries; and the force uset
must have been such ms might reason
ably be supposed to overcome resist.
ance, taking into consideration the re-
lative strength of the parties and the
surrounding circumstances of the case
A threat must be such as may reason.
ably create n just fear of death or great
bodily harm, in view of the relative
condition of the parties as to health
strength and all other circumstances
of the case.
Fourth-Penetration only, is neces.
sary to proved upon trial for rape.
Fifth--No person under the age Of
fourteen years at the time the oifense
is charged to have been committed can
be convicted Of rape.
Seventh-lf you find, and believe
from the evidence, that the defendant,
Wesley Jones, at any time within one
year next before the eth day of Jan
uary, 1876, in Dallas county
in and upon the body of
Sarah Ann Berntzen, u woman, did,
unlawfully and violently, make an as
| sauit, and by force, or threats, without
and against her consent, have carnal
knowledge of her person, and did will
fully, and by means of force or threats
ravish and tarnally know said woman,
and that at the time such offenseRwas
committed the defendant, Wesley
Jones, was an adult male, over the age
of fourteen years, you will find him
guilty, and assess his punishment at
death or by confinement in the peni-
Tertiary for life, or for any term of
years not less than five years, In your
discretion.
Eighth-To justify you in convicting
this defendant, the evidence must
clearly establish that the offense as
charged was committed, aud that this
defendant IL the person who did it.
The evidence must produce an abiding
conviction 80 moral certainty 1t
must be consistent with his guilt,
and inconsistent with every reasona-
able or rational hypothesis of his inno-
cence. In other words, his guilt must
be established by the evidence adduced
on the trial, beyond reasonable
doubt.
Should you, upon full investigation
of the case, determine that the defend
ant is guilty as charged, then the pun
ishment is in any degree you may
agree upon, from confinement In she