The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1880-01-23
FOERTH DAY.

Immediately after the opcaing Of the court
At O.30 An. the argument Of counsel was
commenced. Judge Powell opened for the
state. lie was followed by Judges strahan
and Burnett for the deicnss. Air whitBcy
closing for the prosecution.
Tho judge then charged the jury at con
siderable length. A few salient points. bear
ins directly on the aesa Of the defendant as
Addueed by the evidence. arc a. follows
Gentlemen Of the jury-The defendant,
Frank Reid. is accused Of killing James 81.
mons. in this county, in the month Of Noyeni.
Der. 1879; and after stating that. in this
state, killing human being was either maF-
der in the first or second degree. and either |
juHtiasble or exeunable. aud defining what |
Constituted the degrees TO bring case within |
the meaning Of the act. stated. that By our
law. there must be come other evidence Of
malice than the mere killing. TO make it muir
der in the first degree, unless the killing be ef
footed in the commission or attempt to com.
mi. felony. To bring killing in the sec
ond degree. the killing mnst be purposciy
and malieiously and without dcliberation and
prcmeiitation. To make it mana!aughtcr. il
must be done in the heat Of passion, caused
by PruVoeation. This must appear from eyi-
denee reasonably suiIieien. to make the pas
sion irresistible. The killing Of a human
being Is jnstiiiable when committed By per
son 70 prevent the commission Of 4 felony
upon such person. The felonics that could
have been committed by the deceased upon
. . H..
mAnslaughter. mayhem, aaaanlting, or as
sanlting and beating. having in possession \
; deadly weapon. with intent 10 intimidate
and promote resistance and self-dcfense.
When it becomes necessary TO prevent the
commission Of any Of theac feloI.ics, such
killing our law declares to be iustifable. II
e must cause in the mind Of reasonable man
b well grounded fear that the asSailant was
( about 10 commit such felony. The person
10 acting must have no malice or revenge,
u and no other reasonable means in his power
{ TO prevent the threatened felonious attack,
= such as a safe retreat or disabling his adver.
y sary. The killing OF human being is ex-
cusable when committed by accident or mis-
fortune in the heat or passion upon q sudden
and sufficient provocation. or upon sudden
G combat without prcmeditation. The aeei,
n dental or unfortunate discharge Of gun oi
> pistol, lawfully in possession, is not within
: the meaning of the words without any
dangerous weapon or thing being used" In
o this cause the defendant pleads not guilty
y he denies every allegation, and is the-efors
y entitled to the benefit of every reasonable
ls doubt. The jury are to find according Il
the evidence, but they are not bound by the
n declarations Of any number of witnesses
q which do not produce conviction in theii
u minds against less number. or against {
. presumption or other satifaetory evidence
The guilt must be established beyond /
!. reasonable doubt, not a passable doubt th'
burden Of proof is on the prosecution. II
Il after a fair cons deration OF tho entire evi
10 dence you are convinced beyond reasonable
d doubt that the death of the deceased wa
caused by the accused, but believe fron
d the evidence that il was done by acciden
a or misfortune, with ordinary caution, with
L out unlawful intent, or in the heat of pas
IL sion, upon a sudden and sufficient provoca
tion, or to prevent the commission OF fel
rs ony, then the act was justi6able, and you
verdict must be not guilty. II not, then yol
a. must convict.
On application of the defendants counsel
A the court further instructed the jury as fol
lows: If tho jury believe from the evidenc
lis that the deceased was of q rash, violent, tui
a bulent disposition, it is circumstance 70
the accused's apprehension of personal il
ia jury When doubts exist as to the inter
w tion Of the commission of the act, the jur
be should consider the turbulence and violenc
hit of the deceased in deterning whether the az
ns cused had reasonable cause to apprehen
81 personal injury. If the accused believed 8
tho time that the deceased's intentions WEI
,;s violent, and it should afterwards appear the
w were not, the killing is not murder. If IL
tol prisoner at the time believed the deceased
intentions were felonious, the killing W;
,st justifable The defendant was justified
ia. acting for his defense according to the ci
cumstanccs as they appeared to him. II
to law does not require the necessity fer takiI
tn life to be one arising out of actual and imn
to nent danger in order to excuse the slaye
he If the circumstances indicate to the defen
his ant a plain necessity for protecting himss
81. from death or great bodily harm, he is E
cused if he slay his adversary.
Ia The case was then given to the jury
at $50 P. NJ, when they retired and remain
out till 1885. On re-entering the cou
his room. verdict Of mot guilty. was returnc
ing
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