The Leavenworth weekly times., 1879-06-05
THE LATIN TRIAL.
The Jury Charged Yesterday The
Counsel Make Their Arguments and
the jury Has the Case.

- NGh AhtLh .Fsit-Adg NL4c II "a
Of o. b. Latin, for the murder of ID. L
Smith, was proceeded with in district Cour
Until noon, the time was spent in overturr
ing the evidence of Sam Bill, witness 70
the state. At the re-convenirg of court, a
half-past one O'Clock, the State said the
were satisfied not to make any effort TO cor
: roborate Mr.. Hil's statement-satIsfied tha
he had not told the truth. Judge Crozie
!. then made the folIowin. charge 10 the jury
CHARGE To THE JURY.
a First The defendant in the information
fl.d in a. case Is charged with the murde
of DanIei z. smith, in this county, on TN
a | Eth day of March, 1873. the jury the ex
elusive judges % ali the facts III the case ant
= oil the ca ed biii'y J OF the witnesses and MAJ
give that weight TO the testimony OF each, il
the light o. all the circumstances in evi
c dence, 10 which in their Ju1gm- nt II may b'
entitled Ii any witness = knowingly anC
| wiifully testified falsely TO any material fac
n the jury may dl regard all of the testi
mo1y Of such witness, but they are not bounC
TO disregard II.
Secoud-The jury are tn presume the De
fendant innoceAt until guilt shall be esta b.
: lIshed by the evidence TO their satisfaction
4 beyond IA reasonable DON'T any attempt
TO make palmer the meaning OF the pnrasS
reasonable doubt" would be useless, inaS
much as the language affords no simpler
r wOi ds 10 express the idea; 40 words the i'm
port OF which Is more thoroughly under
stood by persons OF even ordinary inteili-
gence.
: That you may understand the sections OF
the statute / shaI! read. 1 say 10 you that the
Z term felony used therein means Of
Tense punishable by death o confinement
and hard labor in The penltentiary. All
IOiher public oifens are III iSGi. III eanOrS. The
, | Two degrees OF murder and the iir>t three q -
gTees OF manSlaughter ATe felonie>. Man.
slaughter in the fourth degree II a misde-
| meanor.
Third-IE section Of the act relating 10
crimes and punisnments under which the
Information Was drawn and filed reads as
follows:
| a. &c. 6-Eyery n urder which shall be COM
mitted by means al poison or by lying in
wait, or by ai,y other kind of wiifuly d.lib-
crate aud premediTared kiIIng, or winch
shall be committed in the preparation or
| an attempt TO perpetrate any arson, rape,
Tobb-ry, burglary or other felony, shall be
deemed murder in the first degree -
The next section upon the subject nf muir
der in the first degree, reads AZ follows:
"SEC. livery murder which shall be
commit cd purpOsely or maliciously, but
| without delib ration or premeditation, shall
be deemed murder in the second degree"
The punishment eribsd for murder in
TIE second degree con lnernent and hard
labor III the penitentIary for not less Than
ten years
| IL viii! be perceived that neither ofthe sec
| tiOns quotes above declares what sna cou-
stltute murder. That word Is used in n COM
nsOn law sense, 10 vii: where person of
| sound memory and Giscrsi IN uniawfully
| ki IS an Y reasonable cream e in heILg and in
| the peace OF the State. with malice pr, peuse
| or sttoreIhoug ht either EXPIRE ~ed or implied. >.
| The sections above quoted divide the crime
| o murder thus dyhueG INT t.yo degrees. To
| constitute the fiTSf degree n - nee -sSIry hat
| the xii ing should be un 'er circumstances
| rs would constitute Inu d.r at the common
| law, with the ud lItlonai cicI unstauces that
| II shall re done wIifully- d-iIDera ely ami
premeditatedly; or in The perpeiration o: an
| attempt to peTpeIra'e "A felony.
| To constitute murder in the second degree
| d LIBERATION and pr meditation need not
| characteriZa the act
| Fourth.-The din rent degrees OF man
slaughter are defined by the staIuIS ioI-
| lows
| SEC I2-The killing of n human being
without a design to effect death by the act
y Ocur ment OF culpab!s Negligence OF an
other engaset In line perpetiatiOn or at
tempt TO perpetrate any crime or misde-
mesn0r not amounting To "A felony in cases
when such cases would be murder at the
common law shall be deemed manslaushter
| in 1he first degree.
without a design TO effect death, in the neat
of passion, but in a cruel and unusual man
ncr. unless it he committed under such r.
cumstsnces as 10 constitute eXcusabIe or ju y
tiff able homicide shall be deemed murder
l. the second d. gree.
"SEC. l7.-Every person who shall unnec-
e-sariy Kill another, either while resisting
an attempt by such other psrs n 10 commit
any felony or do any other uu'awfuI act,
after such attempt shall have failed, sbal be
guilty OF mansaUghtrr in tue second degree"
''SkC IS The killing of anO'her, in tue
heat of pss-ion, without a design to effect
death, by a dangerous weapon ill any case
except wher ain the killing of smother il
just fl able or excu abi", shall h. deemed
manslaughter in the third degree"
SEC; 26 The involuntary killing Of an.
othe- by a weapon, or by means neither
cruel nor unu,ual, III the heat OF passion. in
any cases o her than justIfiabie homie DE-. |
all be deemed mauslaughter i'll the fourth
degree
'.SEC 27-Every other killing of a human
being by the act, procurement OF culpable |
negligence OF another, whlcn would be man |
slaughter at the common law, and which is |
not eXcuSab!s or justifiable, is no. declared |
in the article TO be manslaughier in some
other degree. shall be deemed Inaus au.hter |
in the fourth degr--."
Manslaughter of he common law was 1.-The |
unlawful. and ieiOnICus killing Of an ther, |
W thout any malice, either sXpress or i'm. |
piled" |
Fifth Under this information the de-
fendaut may. If the testimony warrants IT, |
t.. laWfllis convicted of either of the degrees
d. Scribed in the preceding sections. Every
h mic.de, however, is not criminal ss the |
statute provides for jusIlfi HE and excUsa- |
be nomIcide, in the following provisions, /
viz:
..SEC s.-Homic de shall be deemed Justifi- |
able when committed by any person IN
either OF the fDI owing eases:
First.-Iu resisting any attempt to murder |
such person, or to commit any ie.uny upon 4
him or her, or IN any selling house in /
which such person shall be; or, Second.-l
When committed in the lawful defense of /
sucu person, or her husband or wife, parent, /
chill master, mistress, apprentice, or ser
want, when there shall b.. "A reasonable
excuse to apprsnent design TO commit a |
felony, or to do some great personal injury /
and there shall toe immediate danger OF such /
design heing accom- !Ished; or, ,Third.-When /
necessarily Committed in attempting, 10y |
lawful ways aud means, TO apprehend any
person Tor felony committed, or In lawfully /
suppreSsIng any riot or in~urTectiOn, in /
lawfully keeping or p eServing the pea e'
''rEC. l'-HOmicide shall be deemed excus- |
E,f.. l.4F, TTl.fi
tune, in either / the following cases, to wit:
First-In lawfully claSii>ing a cnlld, ap-
prentice, servant, or IN doing any other |
lawful act by lawful means, with usual and |
o nary caUIicnp snd without unlawful in
second ,he heat of passion, upon any
sudden sufficient pIOvocajion, or upon 1
su iden combat, without any undue advan- |
ta=e being taken, or without any dangerous |
W ca pom being used, and not done in a cruel 1
and unusual manner.
When homicide shall he perpetrated under |
any of the circumstances provided for in |
theSe two y ctions 1t Is the duty of the jury
trying such ease TO acqult the defendant; or, |
il they shall have reasonable doubt To i
the ex isteHce OF such circumstance, they |
sh"u give the defendant the bent lit OF mat |
doubt and ac4uii him
-Inh-lfthG jury shall have a reasonable |
doubt as TO WIN IA of the de- rstS q: crime |
the deieudat was guilty I would be Their |
duty to convict hlm, If at all, Of the lesser I!
Slxth-In this case il is substantially con |
that ID niei ifit lt-I-pf1
in the Inform itiDn, came To his death on the |
Is n day OF March, 1873, in this county, by |
W unds infii teu upon his person, with n re. /
yolyer, 10y the defendant. The main ques- |
tiou for You to consider is the motive that |
actu ted hi.n in perpefratIng the deed. II the |
homicide were Iusiifisbe, or eXcU>stol-,
within he meaning of sections and lO above
quoted, aud was not malicious, II is your /,
duly 10 acquIt him; but II you should fud ii |
was neither justIfiaDle or eNcuSab e, and was
maIicious, IL VIII be your duty t. convict |
50. of fNrn.. N rl+.n "a
slaughter. You must give HIM the benefit, in
Ali stages of our deliberations. OF every rea
sonab doubt OF he existence of any lDgred- |
isnt of any OF the crimes mentioned, or OF
the absence OF any circumstance oi excuse or |
Justin ;ailor.
count of diff cuits at the FlsnteTs' House stable
on the n of March il no fact of the pur- |
p.lsa OF this proyOc 4tIOI Tue circum> >tances
OF tnst STAR were allowed TO be given in evil |
dence solely for the purpose OF throwing |
what light hey might, II any, upon the suO- |
segueut conduct and motives OF tine parties |
TO At, and Tor tnat purpose only ase they 10 be |
consideIe,. by you. |
EIgnth-If The jury, from the evidence, be |
lieVe that at tue lime OF the homicide the
d i-ndsGt WAS not the agsrt ssor; that ne APP |
pretended design on the part OF the de |
ceased To do him II great persona! mi airy; that
he believed there was imminent danger OF
such design being acconp lshed: and that
thv homlcide was perpetraIed without NAL |
ice, in an effort TO prevent tue execution of
such design, the defendant should De ac-
qGitted.
Ninth-The words said TO have been spok. |
en- by the deceased immediately preceding
the homicide would not justify or excuse an
as ault with a weapon 80 deadly as the one
used by the defendant the killing. While
the defendant might have been justified in
re>euting An Insult such as the one given by
the use of the words referred 10 in a reason |
able though indignant manner, and without
the use of dead Y weapons, ne would have no
right to avail himself of such pIovoca'iOn TO
wTesk vengeance or !nfiict injury malicious
ly and " antony on account Of some former
grievance.