, 1876-01-09
THE LAST ACT,


The Cou,t then proceeded to instruct the
jurr, the Instructions Eeiog very voIuuinuus.
For the People, 1be jury were instructed Is to
what murder consisted Ct. according to the legal
! definition tho killing 0: human being By
| another with malice cforethought, or Eremed-
| tetiou OF an abandoned xnd malignant heart.
Drunkenness WAS no excase for murder in the
| eye OF tbs Law, and insanity must be fully
| proven. It should DO shown that the accused
| did not know the difference between right AMI
| wrcug when the act committed.
| If tho prisoner subject to tiss and yet was
| sane III tho Intervals between the cltac6s, tho
! TACT OF his bang sdDec to cts formed no j1sti-
| icstion, AID tho jury we're Douud to ccny.cr han.
II the jury considered that lle usoner dram
| yotu7tar4l: until he became drunk and murd 81 ed
! Wayla7d. drnukenness could not excuse the
! crime. aud they were bound 10 convict
! Fur the defendant, tho Court instructed the
| jury that tho prisoner vas hell not guilty.
| uudef the plea, until the contrary mas fully
| Eroven-
! II they did not consider that, On the evidence.
the contrary "ss so proven, they were louud to
acG1it tho accused
Of guilt was not sunicent to Justify couv1ction.
Tho 'aw Cil Iot autho4iza them to Lunt for
doubts.
Murder, to be called such, must be proceeded
and an. accompanied by malice implied or oxnressed
While drurEenEees WAS nor justification for
mNr13er. it WEB not m aggsayation OF the crime.
The jury. on tie question OF lutauity, should
take into account the paet Lsto-y OF Davis, lls
sickness. fits, etc. 1ha bei,of or suep;c.on that
he was sane hen tie homicide wus conlu,1tted
was not sufficient to convic1. They had uo r.gn:
to cisres, u the evidence IN the case.
Tue jury were instructed that tho conversa-
tions reEortcd be Witnesses to have taken piace
bet. .ecr Nhyaud and Davis were to ba taken
with caut,on- No question OF the prlsona.s
character previous 10 tho conm.:s,on OF tie
crime "a5. to be taaen into account By the ju!y
IN determining til. ir verdict.
Sererul o:htr instructions wero ciycn a,uoac
them the formal ones lc1tins to fixing tho pun
i,lEcnt-doath III case Of u1uder bong tic
veidics, Gr imprisonment tor not less thau four
teen yeais; aud i,npr .sonmelt FROM one year 10
fourteen IN case they brought in verdict for
uaus!uuehter.
Ibe jury then retired under charge Of tho
bai!ltIs, and the Court adjourned.
CEL1uERAT1Ha.
After the jury reti: ed cute crowd kept |
hanging around the Crinl.naI Coutt, expectin. a
verdict. They were, however, doomed to dissp-
po.nt1nent. At $50 o'clock Judge Rogers ca,ue
into Court, b;1t IVES informed that thero Was rio
Likelihood Of an agreement ct that -Four. The |
Judge then retired until lu:3O o'clock last nisut,
when the jury was sent for. The |
foreman said that there was no hone |
Of reaching verdict before midnight and IL |
was doubtful! whether they would a:roo even |
then. Judge Rogers thet orcc.cd the jury to |
!ovlrg them TO Tetu,u scaled verdict If tbov
shcud ayree before that time Rumor SAWS that |
tue minority OF the jury favor capital ,unie.,-
ment, While tho rest arc divided in OPINION u to !
the term OF imprisonment that SHOULD bo mated
out to the cuIp7t.