The Somerset herald. [volume] (Somerset, Pa.) 1870-1936, 1880-09-01

CHARGE OF TIE Court IN THE HoFFNA,
CAsE.-When our outside was printed W,
thought we would be unable to obtain
copy Of Judge Halls charge in the murde
case. Later We obtained the document
which is placed before our readers. Judg'
Hall said
Gea,ies,cl IF The Jury There Is no duty
that the law imposes upon citizen that i.
more serious and solemn than that whicl
has fallen upon you in this case you are Il
I determine from the evidence whether thi.
defendant, Wolfsang Hoffman, who j,
charged with the murder of his own wife, i.
guilty or not guilty. Upon your verdict de
pends whether he is to be discharged from
imprisonment and move about free man
among his fellows. or whether he i to be
remanded TO the penitentiary or doomed t
felon's death.
/ Under the constitution and laws this sol
emn duty falls upon you and you cannot
avoid it, nor can you divide it with the
not for the Court TO odecide We can explain
to you what the law of the case Is, and We
can aid you by reviewing the evidence, but
the undivided responsibility and the solemn
duty of deciding whether this man j. guilty
or innocent of the crime with which he Is
charged rests upon you. | have no doubt
you are duly impressed with the grave and
solemn position which you occupy, and that
you have carefully listened to the evidence
and the arguments of counsel and will en-
deayor To discharge your duty a. jurors i'm
partially and fairly in the sight Of that Al
mighty eye which sees all things In the
administration of justice it i equally i'm
por;ant that no innocent man should he
convicted, and that no guilty man should e.
cape punishment.
Homicide, gentlemen, is the killing of a
human being, and it is of three kinds-justi-
fable, excusable, and felonious With jus
tifiable homicide, an instance Of which is
where a sheriff hangs person sentenced for
murder, or excusable homicide which is
where man in doing lawful act kills an
other by misadventure, we have nothing to
do. The other kind, felonious homicide, Is
that with which you have to do. Feloniou.
homicide is either manslaughter or murder
| II Is manslaughter where there i an unlaw-
| full killing without malice either expressed
or implied. as in the heat of passion, upon
sudden provocation Murder Is where a
person of sound memory and discretion un-
lawfully kills any reasonable creature in be
ing, under the peace Of the Commonwealth
with malice aforethought, either expressed
or implied Express malice i where there
I Is an express design to kill. BY our statut,
murder is of two grades, murder Of the first
degree and murder of the second degree
Murder of the first degree Is where there is ;
feIonious and malicious killing committed
with the specific intent To take life; and
murder of the second degree is where ther
/ is a felonious and malicious homicide com
mitted without any specific intent toItak,
/ life.
In order that YOU may understand the Law
upon this subject viii read to you th'
/ criminal code upon this matter:
"All murder which shall be perpctrated 10y
means Of poison or by lying in wait OF b,
any other kind Of willful. deliberate and
premeditated killing, or which shall hecom
mitted in the preparation or attempt to per
petrate any arson, rape, robbery or burglary
shall be deemed murder Of the first degree
and all other kinds Of murder shall be deem
ell murder Of the second degree; and the iu
~ before whom any person indicted foi
murder shall be tried, shall. if they fini
such person guilty thereof, ascertain in thei
verdict whether il be of murder in the fir
or second degree. Every person convicted
Of the crime of murder Of the first degree
( his aiders, abettors. and counsellors. shall b,
sentenced to suffer death by hanging 10y th,
neck; and it shall be the duty of the Clers
/ Of the Court wherein such conviction take,
/ place, and he i hereby required, within ter
/ DAYS after such sentence. to transmit a full
and complete record Of the trial and convic
ton 10 the Governor Of this Commonwealth
/ Every person duly convicted of murder IN
/ the second degree shall, for the first offense
be sentenced to undergo an imprisonment
/ by separate and solitary confinement, not
/ exceeding twelve years, and for the second
offence for the period of his natural life
The law implies malice from the Use of a
deadly weapon upon vital part, but IA,
I law does not assume that Is unlawful killing
( in the first degree. The burden Of proving
that it Is murder Of the first degree lies upon
the Commonwealth. The Commonwealth
must show that there was q specific intent
TO kill and that it was a willful. deliberate
and premelitated killing in order to max,
it murder Of the first degree. In the case ot
the Commonwealth against Drum, 7oI.orret
| in Sth P. F. Smith. Chief Justice AEuew. il
delivering the opinion when presiding a.
Judge in a neighborins county, SAYS with It
gard 10 these words. willful, deliberate, an,
premeditated. IF an intention 70 kill exists
( it j. willful if this intention be aecompa
MED by such circumstances a. evidence /.
mind fully conscious Of its own purpose and
design. it Is deliberate; and if sufficient tim,
/ be afforded to enable the mind fully 70 frame
the design To kill. and 20 select the insJru
ment, or 10 frame the plan 10 carry this de
[ sign into execution, It premeiiJared tn,
( law fixes upon no length Of time as ueccssa-
7 n 70 form the intention 10 kill, but leave,
the existence ola fully formed intent a. 4
+ fact to be determined BY the jury from al
the facts and circumstances in the cyi
dence"
Evidence. gentlemen OF the jury. Is direct
/ or it Is circumstantial. CircumStantial cyi
/ dence may be certain or II may be probable
E Circumstantial evidence may be as conclu,
sive and as satisfactory 10 the mind a. Iirecr
evidence. Satisfactory evidence i theamouni
I Of proof which ordinarily satisfies an unpre
judiced mind In a suit on the civil side o.
the Court the weight Of the evidence deter
mines but in i criminal case, the sort Of 4
case YOU are now trying, the evidence must
be beyond reasonable doubt In a civil
suit the evidence must support the hyPo.he-
SIS that II Is adduced to establish, bat in {
criminal suit the evidence mus; exclude ev-
cry other reasonable hypothesis; that i, ey-
err other reasonable supp0siiiOn except ;ha,
Of the guilt Of the defendant. Proof beyond
a reasonable doubt i evidence such a. ought
to satisfy the mind and conscience Of a CON-
mon man and 30 convince him that he
would venture 70 act upon his conviction,
in matter OF the highest concern u him