Daily Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1876-1884, 1878-01-20

to be laid out Of view by the jury
In their deliberations than is the
original presumption itself. The
good character of the defendant,
when proven, is itself fact in the
case-it is a circumstance tending
in greater or less degree, to es-
tablish his innocence; and it is not
to be put aside by the jury, in or
der to ascertain if the other facts
and circumstances, considered by
themselves, do not establish bis
guilt beyond q reasonable doubt.
BY THE COURT.
To convict, the jury must be sat
isfied not only that the defendant
has committed the homicide of
which he is charged, but that, in
its preparation, he intended to
take away the life of the deceased.
II you have any reasonable doubt
whether the defendant intention
ally fired the gunsor let it go off
by accident in letting down the
hammer, it is your duty 10 acquit
the defendant.
BY THE DEFENSE.
A defendant in a criminal action
is presumed to be innocent until
the contrary is proven, etc.
Against defendant, facts must
be proved beyond q reasonable
doubt, etc.
A reasonable doubt is that state
Of the case which, after the en-
tire parison and consideration
of all the evidence, leaves your
minds in that condition that you
cannot say you feel an abiding cou-
viction to q moral certainty of the
truth Of the charge, etc.
The burden of proof in this case
is upon the prosecution. All the
presumptions of law, independent
of evidence, are in favor of limo.
cence.
The good character of the prison
err, when proven, is itself fact in
the case, etc.
In every crime there must exist
union or joiut operation of act
and intent or criminal negligence,
and the Court instructs you that it
is not enough for you to find that
the defendant killed the deceased,
but you must find that the killing
was intentional, or was the result
of criminal negligence. If the
shooting and wounding wasthe re-
suit of accident and not done in the
commission of all unlawful act
1t is no murder, and you must &C.
quit.
SUPPLEMENTAL INSTRUCTION.
The jury, after retiring, returned
for further instruction and the fol-
lowing is the report of proceedings:
The Foreman.--We would like
to hear, your Honor. that portion
of the instructions read relative to
malpractice or improper treatment.
The Court.-If the jury will OBJ
serve, l will read the instructions
on that branch Of the case. The
Court here read again to the jury
the instructions previously given
to them on the point in question. I
Now, if you desire it, I will add u
little oral instruction, explanatory
of this.
Mr.. Eastman.-If taken down by
the Reporter we have no objection.
The Court will understand
by this, gentlemen of the jury,
that, Notwithstanding you believe
that the defendant shot the de-
ceased Intentionally, if you still
find from the evidence-or if you
have reasonable doubt on that
suJject-that his death was occa-
stoned primarily by malpractice or
ill-treatment of any kind, or mis-
treatment, then the defendant is
not responsible for the death of the
party. In other words, if by prop
err treatment, the deceased
would have got well, then the
defendant here is not res ponsible
for the improper treatment. Every
man is responsible only for his own
acts. If the death was the direct
and immediate consequences of the
shooting, that is one question; but
If the mistreatment of the wound
after receiving it was the primary
cause of death, then it is not the
fault of the defendant. That Is the
instruction.
The Jurors here com menced
whispering to each other, and m all
Tested desire for further iuforma-
ton.
The Court-Have you any other
point?
The Foreman-Your Honor. we
would like to know what consti-
tutes manslaughter.
The Court Reads to jury the
legal definition of manslaughter
previously givA1 The crime of
mansiaughter, as you will observe,
is divided into two classes: Volun-
tary-that is, where the person
kills the other of his own will
where two men fight, for instance,
and in the heat of passion
one kills the other, in a
sudden quarrel. That is one kind.
Involuntary is where the man did
not intend to kill the other at all,
but where he was committing
some unlawful act which did not
amount to felony, or was COM
hitting lawful act which might
in itself occasion death, but in an
unlawful manner, or without due
caution or circumspection. For
instance, a man loads cannon
with shell and fires it in q street
where there are likely to be people
passing. The bare fact of firing the
cannon may not be unlawful, per-
haps, but if he fires it
in u careless and reck-
less manner, in reckless disre-
gard of the lives of others, and
some man should be killed by it,
that would be what we call invol-
untary manslaughter. If one who
is at work on top of a building
along public and commonly-fre-
quented street throws down tim
Der or piece of stone or any other
heavy substance, carelessly and
negligently, without looking to
see or caring where it falls,