The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1880-06-01

be received with extreme caution and
that unless corroborated by other testi-
mony but little weight can be given to
them.
In the further consideration of the
testimony as to the confessions claimed
TO- have been made by the accused, the
Court will say to you, gentlemen, that If
you find the confessions uncontradctory,
that they are true and satisfactory, then
such confessions are entitled to full
weight and consideration. But if you
find that the confessions are cpntradic-
tory, are untrue or unsatisfactory, they
may be disregarded.
But if money or property belonging
to The deceased was found on the person
Of the accused when arrested, or that
property belonging to the deceased was
found in consequence of q statement
made by the accused as to where such
property may be found, such statements
and facts may be received as testimony
tending to prove the accused guilty OF
tue homicide. But the fact that property
or money belonging to the deceased was
found on the person of the accused at
the time he was arrested, and the prop
Terty belonging to the deceased was found
by direction of the accused where the
same might be found, such facts and cil
cumstances would not, standing alone,
prove the accused guilty of murder in
the first degree. Other facts and cir
I-cumstances showing deliberation and
premeditation must be first shown, but
might tend to prove the accused guilty
of murder in the second degree. As
stated 10 you, when homicide has been
proven the presumption is that it is muir
der in the second degree, and 10 order to
change that presumption 10 murder 10
1.-THE first degree the State must show by
the testimony that the act was committed
with deliberate and premeditated malice,
and in order to bring the grade of crime
below murder in the second degree the
accused must show the crime was not
deliberately and maliciously committed
You will take this case, gentlemen, ,and
fnlly consider all the facts and circum-
stances detailed before you in testimony,
and If you find discrepancies in the tes-
timony, it is your duty to reconcile the
discrepancies 80 far ss you can do So
and if you find contradictions in the tes.
timony, then it is your duty to carefully
examine all the facts and circumstance
and from that, under the law as given
you by the Court, and from such facts
and circumstances, find your verdict, ,and
in order to find the accused party guilty
as charged in the indictment, or of mur.
der in the second degree, or OF man.
slaughter, 1t was incumbent on the State
to produce before you testimony thai
satisfies your mind beyond reasonabl,
doubt Of the truth of every allegation
necessary to show the accused guilty O.
one OF the grades Of crime hereinbefor,
mentioned.
| What Is meant by a reasonable doubt
10 doubt that arises in the mind of tn,
jurors, to considering all the facts an6
circumstances detailed before You in til,
testimony
Your verdict will be rendered In oper
Court and will be that the accused il
guilty rs he stands indicted under th.
first or second count of the indictment
or you may find the accused not guilty
OF murder in the irst degree under either
count in the indictment, but guilty o.
murder in the second degree under ont
OF the counts in the indictment, and no.
guilty under the other counts, or yor
may find the accused not guilty Of either
murder in the first or second degree, bu
lguilty OF manslaughter under one OF tb,
counts, or not guilty under either count
The Law provides tia. after the charge
of the Court, and the case is finally sub.
/ mitted to you, you must remain together
in custody Of a sworn officer of the
Court, until you agree upon verdict, OF
are discharged by the Court, and wher
taken to meals by the officer he must re
main with you, and when absent from
your room you will avoid having OF
hearing conversations touching the cas-,
submitted to you. ~
You can retire, gentlemen.
THE VERDICT.
At Z o'clock and 20 minutes the Cour
House bell rang and the people Gro wdeG
into the Court Room by hundreds tc
hear the verdict. Five minutes later tn,
Judge took his seat and ordered th,
Sheriff to open Court The prisoner
was brought in, and then the Jury flel
in and took their seats. B
Deputy Clerk Okey, by order OF th'
Court. called the Jury and each answer
ed to bis name. The Clerk then said
| "Genllemen of the Jury, have 20,
agreed upon verdict7'
| Hugh b Hill, Foreman, answered
tive have"
! Clerk-"What say vou, is the prison
er at the Bar, Peter King, Jr, guilty o
murder in the first degree as be stand'
charged in the first connt OF the indict
Dchts VI uOt gully
Foremsn-"Guilty."
] .Clerk-''So say you ALL"
Jury-"Yes." 80 4xt
At the request OF j. W. Hollister
E.q of counsel for defense. the Jusy
was polled, and as the name 81, eacl
Juror was called he answered that th
verdict was bis.
The Clerk then asked.
"What saw you, is the prisoner at th,
Bar, Peter King, Jr.. guilty of murde
in the irst degree as be stands charged
in the second count OF the indictmen,
or not guilty?'
Foreman-"Not guilty" g.
The counsel for the accused gave no
tice of q motion to set aside the verdic
aud for q new trial. -ze :
The. Court then ordered the prisone
! remanded to the Jail, and directed ths
the Jury he discharged.
4 When King was brought into Cour
he was considerably nervous and nall