Daily Republican., 1878-12-09

case OF the apothecary, into whose med
icine, prepared by him for sick per
son, another had purposely mingI-'
poison the law still implies malice
and the slayer Is held guilty Of murder
Malice may also be proved by evidenc
of gross recklessness of human life
whether it be in wanton sport, such a
purposely and without intent to d
hurt, riding a vicious hsrss into
crowd of people, whereby death snsues
or by casting stones or other heav,
bodies likely to create danger over
wall or from building with the inten
to hurt the passers by, one Of whom i
KILLED; or whore in any other manns
the life Of another is cruelty and gross
ly endangered, whether by actual vic
lsncs or by inhuman privation or ex
posure, and death Is caused thereby
And whenever the fatal act Ia commit
ted deliberately, or without adequat
provocation, the law presuries that I
was done with malice, Chat Is with al
evil purpose or design) and it behoove
the party charged % show by evidence
or inference, from the circumstances o
the case, that the offence IS Of miti
gated character, and does not amour
TO murder.
Now applying the law as thus deliv
cred to you, the act of the prisoner a
the bar-his deliberate act OF placing
the obstruction upon the railread track
from which, as shown by the testimony
of the witnesses for the State, death OF
great bodily harm to some of those
upon the train was likely to ensue, and
which consequence the prisoner, as a
former servant OF the company, must in
all reason, to be taken, to have been
aware Of unless you are convinced that
his motive in placing the obstruction
upon the track was what he declared
it TO be at the time of his acknowledge
ment, that he was the actor in this
dreadful and most disastrous tragedy,
he is certainly guilty of one or the 9th
er of the degrees Of murder as We have
defined them to you. In addition, let
me say to you, and enjoin upon you to
bear in mind in your consideration Of
this case, that all homicides not justif-
able or excusable (and the one you are
considering is neither), are, in point Of
law, malicious; and also that every
sane man is couclusively presumed in
law to contemplate, that is, intend or
design, the natural and probable con
sequences Of his own acts. Harley G.
Brown, then, if you disbelieve his
statement of purpose, certainly design
cd to kill his victim by the obstruction
to produce the collision-whieh would
BE- express malice aforethought and
murder of the first degree--or he had
a general malignity or design Of mis-
chief and recklessness Of consequences
to the lives and persons of individuals,
under the circumstances of impairment
shown by this case, that would bring
him within the description of those who
are enenies of all mankind, persons
who are regardless of all social
duty and fatally bent on mischief, and
therefore guilty of implied malice, or
Of the crime of murder Of the second
1egree. 1t is for you, gentlemen, to say
of which of these crimes if of either OF
you think the prisoner to be guilty. If
however, you feel constrained, after
al that has been said of the law, to
believe the statement the prisoner in
your charge made Of his motive, and
.hus reach the conclusion that there
was no premeditated wickedness in his
sct, you may find him guilty Of man
daughter only, and we proceed to de-
Inc that offence to you.
Manslaughter is the unlawful kill
ng of another without malice, either
express or inplied--or without premed,
tation. This is its general definition.
t is also manslaughter, where one in
loing an unlawful act, not fel0nous
lor tending to great bodily harm, un-
i-signedly kills another; or in doing
. lawful act without caution or requi-
ite skill. Thus, ifa person upon
udden heat of passion caused by great
kill another, the law, i'll
here be no circumstances showing
malice, adjudges the. Offence to be mere.
y manslaughter. So if one shooting
t another's poultry, and without in
ent to steal them, accidentally kills
man, it is but manslanghter; 50 ifI
Ie throw stone at another's horse and
ccidentally kills man; so, if one
laying a merry but mischievous prank
ause the death of another where no
erious hurt was intended as by
lifting up a cart, or the like, it is man.
laughter. But if the sport i Intended
vas dangerous and lik ly in itself to
produce great bodily harm or to cause
breach of the peace, these circum-
tances might show great malice, and
x upon the party the guilt of murder.
'hese are instances of manslaughter
here the act of the party is an unlaw-
ii one. But though the act be in it
,lf lawful, yet if done in an improper
it be by excess of
ulpable ignorance or want Of due eau
ion. and death ensue, it will be man
laughter. SO it will he manslaughter
person is killed by ignorance, gross
egligence, or culpable inattention on
le part of one assuming to he his ply
clan, or surgeon, or by gross negligent
living of a cart or carriage, or thu
Ike illmanagement of boat, or by
ross carelessness in casting down rub
ish from scatfold or the like. And
Anerally it may be laid down that
here one, by his negligence, has con
ibuted to the death OF another, he is
Tie caution the law re-
aires IS not the utmost that car be-
snd, but such as is used in like cases,
Id has been found by large experience
answer the end. You will observe
eretore gentlemen that where death
lsues from an act although not of evil,
wicked purpose, but largly unlaw- ,
| la, H., | .