The weekly Arizona miner., 1878-11-29
JUDGE sILENr's CHARGE.

ing of one George Spencer, near St. Johns, m October. 1871. The case occupied the attention of the Court for two days. and was submitted by counsel, without argument. The charge contains a great deal of law,
 and will be perused with interest by our
 readers generally:
 GENTLEMEN OF THE JURY:-The defend ant at bar stands indicted of murder, in the
 alleged killing of one George Spencer, at
 St. Johns, in this County, on or about the 2lst day of October, 1s71
 Murder is the unlawful killing of a
 human being with malice aforetheugnt.
 Malice is eithrT express or implied, and
 the killing may be effected by any of the various means by which death may be occa-
 stoned.
 Malice is express when there is that de- libera;e intention to unlawfully take away
 the life of human being winch is mani
 tested by external circumstances capable of proof.
 Malice is implied, when no considerable
 provOcation appears. or when all the circum-
 stances of the killing show an abandoned and malignant heart.
 Murder of tine first degree, is that which
 is perpetrated by means of poison, lying in wait, torture, or by any other kind of will ful, deliberate and premeditated killing, or which is committed in the perpetration or attempt to perpetrate any arson, rape rob- hery or burglary.
 Ii IS not claimed at bar, that the Offense under consideration is murder of the first degree in consequence of having been csm- mItted in perpetrating or attempting to
 pcrpetrate any other felony, such as arson, rape or burglary, or by heing affected by torture, or means of poison; but it is assert ed, that it is murder of the first degree, be- cause the killing as it is alleged was will full. deliberate, prcmeditated, and by lying in wait.
 The unlawful killing of human being with malice aforethought is murder: but, as such, without other elements to distin- guish the act, it is only murder of the sec ond degree.
 To constitute murder of the first degree, the killing must not only be unlawful, and with malice aforethought, but It must have been done wiilfully. deliberately and with reconciliation.
 By willfulnrss, is meant the purpose and willingness upon the part of the individual to do the act in question: By premedita tion and deliberatIon, that he conceived and deiIbcratcd upon the purpose before carrying it into execution.
 IL Is not necessary, however, that the party should deliberate for any particular length of time before executing the pur- pose so c0ncci5cd. It is enough that he de- iibcrate before he act that to the purpose fully conceived he give reflection and con- sideration, and this is sufficient, whether such deIiDeration be for a moment or for day, or longer time.
 The evidence, tending to show delibera- ton and premedi:atiOn upon the part of the accused. is that, if you believe it as de- tailed by the witnesses, which tends tO show that the accused inquired after the deceased upon the morning of his leaving St. .Lehns: that he followed the deceased, headed him off by trail, and there awaited his arrival upon the selected spot These circumstan- ces, if you deem them proven beyond reasonable doubt, are sufficient from which you may find, that the staying. if done by the defendant, was deliberate and with reconciliation, and is therefore murder of the first degree.
 No direct evidence of the staying given by the mouth Of any witness who was pres ent and observed it at its occurrence, was offered
 Evidence tending to prove that the body of the deceased when found contained such l and was surrounded by such cir l cumstances as would indicate that the de- ! ceased was murdered was detailed before 1 you. It is also an admitted fact that the ! found upon the corpse of the de- ceased, were the immediate cause of his death. If you believe this evidence, and l deem 1t sufficient to prove the fact that the deceased was murdered, (which is fact that should be asccrtaincd by you at he threshhold of your deliberations, 1t then remains for you to consider the evi- fence tending To connect the accused with he commission of that OffenSc. Of this Jranch of the case, no positive or direct proof is before you.
 But it is claimed by the prosecution, hat such chain of circumstances exists which, if believed by you, connects and ends io connect the accused with the com mission of the offensc as the guilty party, na warrants you in the presumption ar ivcd at by natural course of reasoning. based on these circumstances, that the ac- used committed the offcnse.
 These circumstances, if you believe them proven, are: the statement made hv , he accused at the store of Coloma, on the I morning Spencer left St. Johns, and the in uiry then and there made by the accused bout SpenceI's leaving town: that the ac : used left St. Johns on horse back, with |. ne Guiteras, also on horse back: that they ! ode m the direction of the place where the {. lurder was committed; that the accused. hen leaving St. Johns carried with him q un; that the indications about the scene '. the alleged murder showed that two U orSts had been concealed Tn the bushes II ear the place of killing; thatnear the road u u the point where the murder is alleged to :, iNe occurred, the footprints of two men u ere discovered, who had concealed them u Ives. as il is claimed, for the purpose of '; sying the deceased; and that the slaying ,s en took place. because. as it is claimed. ' at at that point in the road the track of y c wagon, in which it is alleged the de- ', ased was travelling, swerved from its di- 0i ct course, m direction opposite to the ace (which the slayers are supposed to lt We stood. l say, these are the circum- Is 'nces which the prosecution claim exist. n1 Il they assert, that they point to the ac- sed as the guilty party. Whether any or tn of these circumstances arc rroyo, :. ;' de you to determine from the evidence; m | whether, when you find these circum- De nces proven, they are sufficient to estGb- n the guilt of the accused, it is also your all ,luslve province to decide and determine. DC To determine the question of guilt or in- of