The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1876-01-16
THE DILL, HEEL AND RICE CASE,
. udge HaTe's Charge Verdict ~ thc
jury, Murder Ia the FIRST Degree,

Judge Hurt closed for the State, and
fully maintained his great reputation
az prosecutor.
Below we give the charge OF Judge
Hare to the jury. They were out
almost half M hour, aud on their re-
turn handed in verdict of murder IN
the first degree against both--RIce to
serve u life term In the penitentiary
and Dill to be hung
Gentlemen Of the Jury:
FirSt-HomlcldG IN the destruction of the
life OF one human being by the net, agency
procurement or culpuDle omission Of an
other,
socOnd--hvcry person with II sound moin-
DRY and discretion who shall unlawlully XIII
any reasonable creature or being WITHIN inns
state, with malice niOrethought, either cN-
pressed or implied, shall be deemed guilty of
murder, Murder II dlstlnRuishable nom
every other species OF homicide by the abb
sence Ct the circumstances which reduce the
offence To negligent homicideo or mnnslnuBil-
ter, or which excuse or Justify the homicide.
1'hird-All murder committed with ox-
pressed malice Is murder In the iirst degree,
and all murder NOT Of the first degree IL
murder of the second degree.
HDuIlil- EADIthhtu lliulltt IN Wltlf WV
with II sedatc and deliberate mind and
formed design doth XIII another-that In to
say, the specific Intent 10 kill must bc form
cd In the mind nj some time prior 10 the Kill.
ing and whilst the mind ~ capable OF cool
and calm reflection and the homicidols COM
mitted In pursuance of such formed design,
This formed design IL evidenced by external
circumstances indicating such lntcnll0n-hs
lying In walt, deliberate compassinBs, or
such facts, circumstances or surroundings HS
ala. nh % uitll1l
suit of deliberate and formed design,
Flnh-lmpied malice Is II presumption OF
law doduced from the killlng-that is to say
whore the killing Is established and the evil
denCe does not show that the killing was
done In pursuance of a formed design or
with express malice, then, In the NIB, OF
such evidence the law implies malice, ana
fixes the crime nj murder In the second de-
gree.
Slxth-If you fnd and believe from the
evidence that the defendants, Marion Dill
and Elijah r. Rice, or either of them, at any
time PRIOR to the eth day ofJp nuary, 1873, In
Dallas county, took the lie OF Reuben John
son, with express malice, YOU will find them,
or the one so offending, guilty of murder IN
the first degree, and assess the punishment
at death, or, in your discretion, AZ conilne-
ment in the state penitentinry for life.,
Seventh-lfyou believe these defendants,
Or either of them, killed the deceased
~ charged In the indictment, but II the evil
dence fails TO clearly establish that such kill
ing was done with express malice, or was
mUnslnughtcr or negligent or eXcusnDo
homicide, then, In that case you Will iind
Them, or the one 80 offending, guilty OF mul-
der IN the second degree, and assess the pun
ishment mt confinement in the state pcnl-
tcntiary for any period of time not less than
i've years.
Mshtn- Where the killing Is established
tho party who did the act may reduce the
otiense TO nansluughter by IL appearing In
evidence that Insulting words or insulting
conduct had been used by the deceased to-
ward II female relative OF the party guilty OF
the homicide: provided, that IL also appear
that the killing took place Immediately
upon the happening Of tho Insulting con-
duct or insulting words, or 50 soon thereafter
rs the party killing may meet with the per
son killed, after having been informed OF
such insults, IL will be sufficient So far as in
5uting words or conduct Is concerned. II
the party doing tho killing was acting under
IA fixed opinion ana full belief that the in
formation was true, although the informa-
ton may In actual point of tact be untrue
If the killing takes place at any tihe after
what Is meant and included in the words,
$50 soon thereafter rs the party killing may
meet with the person killed" then the kill
Ing will be murder, Notwithstanding such
insult or the belief theoeof. Whether INSULT
Ing words or gestures We're the real cause
that provoked the killing. is for the Jury Ia
determine under all the circumstances.
Ninth-Manslaughte Is punished by con-
two nor more than five years.
Tenth-The jury have the power to con-
Wet or acquit one or both parties, or to con-
Wet of different degrees and assess different
punishment.
Eleventh--All persons who act together in
the commission of an offence are principal
Offenders, and may be prosecuted and con-
viCted as such
Twelfth-Un tho trial of any criminal ne
ton where the facts have been proved which
constitute the offence, 1t devolVeS upon the
accused to establish the facts on Circum-
stances on which lie relies to excuse on iusJi-
fy the prohibited act or commission.
Thirteenth-Il the killing Is established AS
charged and IL is shown that these defend
ants both acted In the kiliing-then If one
acted from being informed of insults rs be-
fore defined ana the other did not, then the
one acting under such insults would he
guilty of manslaughter aud the other would
DO guilty OF murder, and the degree Of muir
der would be determined by the proof or the
absence of proof of previous formed de-
sign as before defined.
Fourteenth-A connection cannot be had
upon the testimony OF an accomplish unless
corrObOrated by other evidence tending to
connect the defendants with the offence
committed, and the cOrroborat on is not suf
tlctent ii IL merely shows the commission OF
the offence.
riiternIn-V Voluntary drunkenness is no
excuse Tor crime--that Is when n man volun-
tarily drinks ardent spirits and v hist Ia
boring unutl It's lInlutulHtc tlltClS, COiIlDllS
a crime, he cannot, rs general rule of law,
plead his drunkenness neither as a defence
nor in mitigation. Remote effects, such as
delrium tremcuS, producing n species of in
sanity, may be shown in defence.
Sixlecnth-NO act done in II state of insan-
ity can be punished as an offence. Every
man Is presumed to be sane until the contra
ry appears, and the evidence offered to cs-
iablish insanity should produce reason
able degree of certainty that the accused is
Of u diseased mind. \ man msy have Ii weak
mind aud yet not be insane. The true test
between sound and unsound mind Is
" hether the party was able to have, and did
have at the time of the act, Il criminal inter-
the wrong of the act charged to have been |
lone, and this list IL determined by the evil |
ience introduced before you In this cause, |
the presumption of law Is that person is of
4 sound mind. The evidence must show that |
he Is not, and If the evidence established in |
,anity, or an unsound mind, according to |
he test above given, the accused should he |
acquitted, and If in this case you aoquit |
either of the defendants on the ground OF in |
,anity' you will SO state in your verdict.
Observation-Disclosures Jury are the exclusive |
judges of the weight of testimony and the |
of witnesses, and the accused are |
presumed innocent until their guilt is estab |
ished beyond q reasonable doubt.
Eighteenth-The indictment in this case
charges three persons with numbering Reu-
zen johnson, VIZ: Dill, Bell and Rice. The
prosecution as to Bell has been dismissed,
md Dill and Rice are ON trial, and Bell has |
en- introduced by the State as o witness.
20 Justify a conviction the state must estab-
igh that Reuben Johnson was killed, and |
Ii st these defendants, or one of them, were
he guilty agents; that they, or one of them,
the offence, or acted with others
u so doing Ii. Each defendant Is RESPONSE
le, and Is only punishable according to the
o gree ami certainty with which the evil
ence fixes his guilt hence either may be ac-
uitted or convicted. The jury are made by
he law the sole Judges of the weight OF testl-
nony and the oredibillty OF witnesses. To
his rule there is an exception, when the
uilt of the accused is attempted TO be estab-
shed by an accomplice, for while
nd the jury, Ii left nntramneleI, might be.
eve him, yet the law Is that you shall not
onvict on the evidence of an accomplice
Mess corroborateu by other evidence tend
az TO connect the accused with the offence