Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1880-07-30

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The Carson Appeal Of this morning
has the following on the Pritchard case:
At s o'clock yesterday morning the
Jury in the case Of State Of Nevada W.
John T. Pritchard. for the murder OF
Humphrey Symons, brought in a YER
dict Of murder in the second degree.
The jury were bslloting all night without
rest. until they came to Q unanimous
conclusion. The day for sentence 10
fixed for August g..
In the charge to the jury the Court in.
structsd them that there was NO evidence
in the case to show that defendant had
committed q felony on the 2lst day Of
July, 1879, before the alleged entry OF
Symons into the defendants house. 80
a. to justify the arrest Of Pritohard on
that ground. .
The Court decided that there was not
in Law Q jeopardy Of the defendant at the
time OF eIcusins the juror. ]. @. Dorsey.
because NO evidence on either side had
been offered or heard. The jury was in
struotsd that the plea OF former acquit.
tai was not sustained. and that their YER
dict on that plea must be for the people
and against the defendant.
Defendant cannot be found guilty Of
murder IL he killed deceased while the
latter was unlawfully attempting to
arrest defendant and defendant knew OF
the unlawfulnsss Of such attempted
arrest at the time OF the killing and took
the life OF deceased to prevent such
arrest. No Constable or peace officer
can lawfully make an arrest, without .
warrant, for Q past offenss OF . lower
grade than felony. Disturbing the peace
Is not q felony in u State.
II Q person resisting . trsspass upon
his property makes use OF Q deadly
weapon and with II kills the trespssssr,
it IL ordinarily but manslaughtsr; but,
although Q person resisting an illegal
arrest makes use OF . deadly weapon.
and with 1t Stays his adversary, the
crime il not, because OF the use OF such
deadly weapon, raised above man.
slaughter. ,
Then follows in the charge the usual
legal definition OF what constitutes muir.
der in the first and second degrees and
m~anslaushtsr.
A policeman has no right to 60 into o
mans private residence and attempt to
arrest him without Q warrant for q mis-
demeanor committed in his presence.
II an officer having . warrant 10 resisted
after giving proper notice OF his an'
thority. and 10 slain, the offense 10 muir
der. II he arrests without . wsrran,
when the law requires one. 10 resisted
aud slain. the offsnse amounts to no
more than granddaughter.
II q misdemsanor is committed in the
presence OF an officer he can arrest
without 9 warrant. II Symons attempt
ed arrest without Q warrant, for that
D entered Pritchard's house. and
that before such entry no breach OF the
peace was made by defendant In Symons'
presence, such attempted arrest was IN
lawful.
II the agsrsssor making an unlawful
arrest be killed. IL will be m~snslaushter.
II Pritchard resisted an unlawful arrest.
as above explained. and in the resistance
killed Symons. the defendant can. as
most, be found guilty Of granddaughter.
You are instructed that there 10 no
evidence in the case showing that de-
PENDANT committed any offsnse against
the law In the presence Of Humphrey
Symons, deceased. the person alleged to
have been killed by defendant. before he
(Symons) 10 said to have entered Pritah'
ards house.
II Q new trial is not granted by the
District Court an appeal will DO made to
the Supreme Court, on . bill OF s1cep'
tons to the rulings Of the District Court