Daily Republican., 1878-12-09

you are 10 inquire Wnrtntr MS OHenCt
Is that Of manslaughte only; we fee
warranted In saying to you from the
undisputsd proof made in thii
case tina! the prisoner at the bar II
guilty Of one or the other Of those
crimes: unless he has shown by proc
that At the time Of the offence commit
ted he was not responsible for his con
duct.
On the Goth Of June last, terribl.
disaster occurred in this county, result
ing In the death Of four human beings,
from what is called Significantly the
wrecking Of train Of cars upon rail-
road on that day. A short time after ten
o'clock Of the night Of that day, a pas.
ssnger express train Of the Philadelphia
Wilmington and Baltimore railroad
company, whilst 1t was pursuing its
lawful progress along the line Of the
oompany's road, short distance be
low Claymont in Brandywine Hundred,
was suddenly arrested or stopped by
coming In collision with an obstruction,
being a.log or cross tie, as 1t Is common.
ly called. placed upon the track by the
prisoner at the bar Gas was confessed
by him) and two Of the valuable ser
wants Of the corporation, George Babes
and his son, George Babes, Jr., then
upon the train in the course Of their
employment as engineers, and two
other persons also upon the train were
killed in consequence Of such collision.
There is no question about the collision
or the injury resulting, nor that Harley
q. Brown, the prisoner at the bar,
caused both. OF what offence then in
legal consideration is he guilty. for as
there is no pretencs that he had any
right to place the obstruction upon the
track nor that such obstruction was
not the cause Of the disaster, we repeat
that the prisoner before you is, unques-
tionably guilty Of one or the other of the
great crimes have mentioned, and Of
which, i, is your provncesjto say, as
triers Of that question after We shall
have given to you the law applicable to
all cases of homicide, or manslaughter,
unless yen shall find him so destitute
OF reason or insane at the time as to be
irresponsible for his acts. We should
not be unwilling to say to you, if we
conld notwithstanding the fact that two
unoiiending and valuable citizens, and
also faithful servants in their calling
Ito say nothing of the other persons
above referred to) lost their lives by
this dreadful occurrence, that the pris
oner is in our opinion, not guilty of
either of these offences and instruct you
to acquit him of all crime: but this We
cannot do. Unless 1t has been shown
to you that the party ch arged is not on
any ground a person responsible for
his acts and their cons rquences, we and
you must hold him liable for them
That you may decide which of the
crimes mentioned the prisoner commit.
ted If either--wr proceed to define them
with appropriate examples. But first
as to the homcides generally.
All homicides, or killing by one man
Of another, are criminal or not. Those
which are criminal are characterized as
murderers, or as manslaughters. Those
not criminal are such as the law justi- !
fes or excuses; but with them we have
nothing to do in this case--mur-
der o the first degree, murder of
the second degree, and manslaugh-
ter They are all felonious homi
cides also; as distinguished from
iustifiable and excusable homcides
which are not felonions. Both
tte classes Of murder are distinguished
from man5laughter in this--that malice
is an ingredient, or feature of them;
whereas it is entirely wanting in man
slaughter.
Murder of the first degree is, by the
statute law of this State, in effect, where
one rational being kills another person
with cypress malice qtorethought, or in
prrpetrating or attempting to perpe
trate any crime punishable with death.
Amy killing, with malice implied IN uW,
is murder Of the second degree.
Express ma(,ce atorethougt is when
one person kills another with sedate
deliberate mind and formed design:
such design being evidenced by exter-
nal Cor outward) circumstances, dis
covering the inward intention as,
lying in wait; antecedent menaces,
former grudges, and concerted schemes
to do the party some bodily harm; the
deliberate selection and the use of
deadly weapon, knowing it to be such;
preconcerted, hostile meeting, whether
in regular duel with seconds, or
street fight mutually agreed on, or no.
tilted and threatened by the prisoner,
&c. Implied malice, or malice IN a le-
gal sense, is whore any deliberate, cruel
act is committed by one person against
sudden. Thus, where
one person kills another suddenly
without any or without II considerable
provocation the law implies malice; for |
no person unless Of an abandoned heart, :
would be guilty of such an act upon I
slight or no apparent cause. So If q {
man willuliy poison another; in such
deliberate act the law presulnes malice, $
through no particular enmty can be !
proved, and where one is killed in con. /
sequence of such wilful act as shows t
yne ptTsoH ny WHOM IL Is committed 10
De an enemy to all mankind, the law d
Will infer general malice; from such !
icpraved inclination to mischief malice &
s an inference or conclusion of law up. |
IN the facts proved to the jury, aud, (
among these, the actual intention Of the v
prisoner becomes an important fact, T.
or though he may not have intended Il
o take away life, or to do any person. q
II harm yet he may have been engaged u
Il the perpetration Of some other teio- u
nous or nlatcJM act, from which the t.
aw raises the presumption Of malice. u
Thus if one attempt to kill or main A, 9
md in the attempt by accident kill b, o.