The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1880-12-16


was aware Ofsuoh being his character, and aoted
on the strength Off, In good faith the true cir.
eumstances In which the prisoner found himself
at the time; the motives that were aetuating him.
his acts, whether indicating that he was honestly
acting In self defense, or whether bearing evi.
denee Of revenge. By CAREFULLY sitting and
Weighing all the evidence bearing on the question,
the jury viii not fail 10 arrive at correct conclu-
sions.
The court has also been requested TO charge the
jury that 1.-THE killing was done by the prisoner
upon sudden quarrel, In the heat OF passion and
Without malice, such killing would amount to
msnslaughter only This undoubtedly is true as
have already instructed the jury for sn unlaW.
fully killing Of snother without malice Emounu
to manslaughter only. But whether in The case
mentioned the killing was malicious or otherwise
Is still question to be determined by. the Jury
from all the facts and circumstances Of the case,
Dying declarations OF the deceased were given
IN evidence In the cBse, Such declarations when
wen established by the proof ave ordinarily en-
titled to great respect and consideration, in con.
nection With the other evidence given in the casa
Their weight must, however, always depend upon
the condition OF the party making them, and the
circumstances under which they were made.
Had the party the capacity aud the motive to
make truthful or correct statement2 You will
consider the evidence and give It such weight as
in view Of all the circumstances, In YOUR iudR;
ment 1t may be entitled to.
Testimony was introduced on the part Of the
defendant for the purpose of impeaching some of
the witnesses who testified on behalf of the state,
on the ground that the general reputation for
truth Of these witnesses was shown to be bad
The testimony Of witnesses so impeached :, n i'm
pesched, Is not for that reason to be thrown aside
1t meY still be considered by the Jury in con-
nection with all the other circumstances Of the
case, and especially If the story related by these
witnesses be probable, aud be uncontradicted by
other witnesses, or be corrohorated BY circum-
stances. The jury will give this testimony such
weight, asin their judgment 1t may reasonably
deserve
To resume If the jury be satisfied from the,
proof beyond reasonable doubt as have ex-
planned, that the prisoner killed the deceased !:
that he did not kill him in self defense, as have
explained 1t to be; but that he killed him.
purp0sety and ndciOsy, II will be the duty OF the
jury to find him guilty Of murder in the second
degree as charged If, on the other hand, the
jury find that the prisoner unlnWfully and not in,
self defense, killed the deceased but that he did
not kill him purpOsely or not malicionsly then
it will be their duty to find him not guilty of mur
der in the second degree, but to find him guityo
mansaughter as charged
Should the jury fail to find from the proof that
the prisoner Is guilty of murder in the second de-
gree, or OF granddaughter, they will find him not
guilty Of these crimes, and may, In tina. case, IL.
the proof warrants 1t, find the prisoner guilty Of
assault and battery only, as charged.
Should you hndin favor OF defendant upon all
the Issues submitted to you, your verdict should
be, that you find him not guilty as charged,
Your verdict need not be in writing, but may
be delivered orally in court.
8. MEYER, Judge