Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1878-08-02
THE cuARrz MURDER CASE.
second Day of the Trial.

evidenced by the crowd in attendance al
the doors waiting the opening of the Court,
The seats we're Immediately filled, and
standing room at a premium, the Sheriff
finding it difficult to keep the passage lead
ing from the door to the Judges bench
clear. AS on the day before, the wife and
sister of the prisoner were in attendance,
his sister continuing to take notes OF the
proceedings, both at times being much af-
fected, particularly when counsel were
making their arguments. The defense in
troduced NJ. ID. Foley, A. d. Rock, w. Ii.
Clark, George w. Lamoreaux and o. Dun
kle to prove the good character of the ac-
cused, and rested.
The State then introduced c.. G.. Wallace
in rebuttal, who, nj on being sworn, said:
/ had a conversation with defendant on
the day the shooting took place. Tie let
ter Of Kicker was the subject Of converse
ton. He did not SHOW me the note. but
he took umbrage at it. / advised him to
apologize. He replied that he would pub
lish the note the following day. Did not
say anything about apologizing for what
was in the paper. He said, if Kicker can
not find me l will find him, and said he
thought he could clean him out. Don't
think he said he would fix him. Don't re-
collect telling any person that defendant
made such a remark.
Cross-examined-I think ! said to Chartz,
Kicker will get away with you. He said,
no, I'll get away with him. / anticipated
only a rough and tumble fight between
them. Told him to drop the whole matter.
Don't recollect defendant saying that he
was the easiest man to find, as. he was
always at work. From our conversations
/ did not anticipate that weapons would be
used. Chartz contended that the item in
the paper was only pleasantly. | claimed
that Kicker might feel hurt over it, and
that it would be better that he apologize
and thus settle the matter. / understood
him only to refer 10 e physical contest.
Defendant here offered to introduce a
copy Of the Eureka Daily Republican
o the 18th Of June, 1873 in reference to
the articles which caused the killing.
Plaintiff objects. Objection sustained, de-
PENDANT excepting.
This closed the evidence in the case, and
Crittenden Thornton immediat " opened
the argument on the part Of the proaecu-
ton, first defining his position in the
case, stating that he had been employed by
the brother Of deceased and the Eureka
and Palisade Railroad Company, in whose
employ Richer was at the time OF the killing.
He then defined the law in taking human
life, as the defense would rely upon iustih-
cation for the act: he reviewed the note
sent by Kicker to ChartZ, admitted tina.
the language used therein WAS the very
grossest in the English vocabulary, bit
contende1 that this language, nor any
language however opprobrious, would not
and should not justify n man in taking
the life Of another. Mr.. Thornton spoke
forcibly' oftentimes eloquently, for an
hour and u quarter, reviewing concisely
every act AID incident of the homicide,
and closing with a demand upon the jury
for a verdict Of murder in the first degree,
maintaining that that crime had cleaely
and overwhelmingly been established hy the
testimony. including that OF the prisoner
himself. At the conclusion Of Mr.. Thorn
tons argument the Court ordered q recess
until half-?ast one o'clock.
AFTER RECESS.
On the reassembling Of the Court, Judge
Bishop commenced his argument for the
defense. His address was able and earn
est, and il must be admitted that he did
full justice to his client. He contended
eloquently that the killing did not consti-
tute murder in the first degree, because il
was wholly devoid Of the element Of pre-
meditation; in fact, that il was not murder
at All, nat J%nstidaDie homicide. He
maintained that the death Of Kicker was
the result Of his ~ rashness and folly;
that the insulting hotter to Chart1 coald be
accepted in no other Light than as a chal-
lenge to mortal chmbat; that Chaytz had
n right to belieTe lis life in danger when
they met at thc bus, particularly as Kicker,
referring 10 the note, said: at all goas,'
which remark was supplemented with the
further challenge: ''Let's have it ont
right here" The speaker closed with a feel
ing appeal to the jury for mercy, arguing
that there was much room for doubt.
Many persons IN the audience and some Of
the jIrynel. we believe, were moved to
tears by Judge Bishops e~loquence, the
prisoner himself being unable TO conceal
his emotion.
District Attorney Merrill followed in
closing the case. lie disayowed any feel
ing OF animosity to the prisoner, with
whom he had always been ON the most
friendly and familiar terms, but he had a du-
ty top rform TO the public and he could not
and desired not to eyade it. He hen re-
viewed the testimony and law of the case,
insisting strenuously that uud,r all the
circumstances, All Chart2 in the killing of
Ed. Kicker stood before God and man
guilty of murder in the first degree.
This closed the argument. when Judge
Cole gave to the jury the following able
and impartial charge.
THE JUDGES cHARG
GENTLEMEN oF THE JuRY: This is an
Indictment for murder. On an indictment
for murder the defendant NAV be convict
ed Of either
First-Murder in the first degree.
Second--Murder in the second degree.
Third-Manslaughter.
Or he may be acquitted, as the facts es-
tablished b. the testimony may warrant.
Murder Is the unlawful killing Of a human
being, with malice a~forethought, either ex-
press or implied.
Express malice is that deliberate inten-
ton unlawfully to take away the life of a
fellow creature, which is manifested by ex-
ternal circumstance capable Of proof.
Malice is implied where no considerable
provocation appears, or where all the cir
cumstances of the killing show m aband-
oned and malignant heart.
The distinction between the two grades
or degrees OF murder may be drawn sui1i-
GENTLY for the purpose of this case by say
ing that all murder which is premeditated
by means of any kind Of willful, deliber-
ate and prcmeditated killing, is murder of
the first degree, and murder perpetrated
by means OF killing which is lacking in
any of these ingredients Of willfulness, de-
liberation and generalization, is murder of
the second degree. Manslaughter is the
unlawful killing of human being without
malice, either expressed or implied, and
without any mixture Of elaboration. If
the killing is voluntary or int ntional it
must be upon a sudden heat Of passion,
caused by a provocation apparently sufii-
cient to make the passion irresistible.
In cases Of voluntary granddaughter there
must be a serious and highly provoking
injury inflicted upon the person killing
sufficient to excite an irresistible passion
in a reasonable person, or an attempt by
the person killed to commit a serious per-
sonal injury on the person killing, and the