Daily Republican., 1881-10-03
stances brought out by the defence or
by the prosecution.

| from tne use OF deadly weapon, ant
every man is presumed by law to Intend
to do what are the natural and probable
consequences of his acts.
1t is for you to determine whether in
this case. the prisoner having used a
pistol, which is deadly weapon, and
considering the circumstances under
which it was used, he did not intend to
kill Adams, the deceased, and whether
the consequences of his act were not
such as were reasonably and almost
without doubt to he expected to re.
suit in the death of he party slain, the
thing ola pistol at hun and within al.
most two feet of him, what you are to
determine would be likely to be the
consequences.
If the homicide was committed and
Samuel II. Adams was slain and de-
prived of his life by the prisoner at the
bar with express malice aforethought,
such as | have described il to you to bc,
he is guilty of murder Of the iirst de.
gree. But if the prisoner was not moved
by express malice III the commission OF
the otfense, ,anu it was committed under
such circumstances as to bring it with.
in the principle OF implied malice, such
as | have described that to you to be,
then the crime would be murder of the
second degree.
To make good the plea of salf defence
it must be shown that the pri ,oner was
in imminent, manifest and immediate
danger of losing his own life, or of suf-
fering great bodily harm and injury.
We say to yon, gentlemen, that no Or
der, ifany such was given, to prevent
the deceased from entering the mill or
to eject him therefrom, would Justify
the use of a deadly weapon, much less
the taking Of human life.
1t is very important for yon to con-
slider whether the prisoner or the de.
ceased was the assailaut, and when
you consider and determine that fact
you will be relieved of much matter
which has been thrown in the case.
We have been called upon to say to
you that the prisoner at the bar is the
man who committed the alleged offence
which is doubtless true.
Now gentlemen | ,hink have said
all that can properly say in reference
to the law and facts, leaving you to ap.
ply the evidence to the law as | give
it to you, aud in doing so l repeat that
you are the Judges of the evidence and
you must take it as you remember ii
yourselves and not as | have stated il
for the mere purpose of illustration.
feel constrained from sense of duty
to say to you that tie fact that the party
slain was a negro or u mu!atto ought
t,,tn Il al hare . Inr,S hA
prisoner is to be tried by the same law
and by the same rules of evidence
as if the party slain had been white
man, the law makes no distinction and
you cannot make any, without disre.
garding the solemn and responsible
duty which has devolved On you.
When you shall have considered and
weighed in your minds all the evidence
and applied it to the law, You have a
reasonable doubt of the guilt OF the
prisoner of either of the crimes which
has been explained aud described tc
you, it will be your duly to give the
prisoner the benefit ot'that doubt, but
it must be such doubt, growing out OF
the evidence, as reasonable men would
entertain. If you should have such 6
doubt, you ought to acquit the prisoner
but if the evidence brings your mind:
to the conclusion of guilt OF any of thu
offences which have been defined ant
described to you, il will be your du J
to convict him accordingly by your yer
dict.
Take the case, gentlemen; retire tt
your room, and give it that investiga
tiOn and consideration which its impor
tance, both to the community and the
prisoner demands, and reder such Yer
dict as in your Judgment the law anC
evidence require and such as will havt
the approval of your conscience.
The charge was concluded at 53l
o'clock and the jury retired for consul
tation.
During the reading of the charge
Carberry sat in the prisoner box, With
his head thrown slightly forward and
his left ear inclined toward the bench
in an attitude OF intent listening. His
face appeared to have a slight express
sion of anxiety, but beyond this there
was nothing in his demeanor to indicate
that he entertained the feeling that was
uppermost in the mind OF hearty every
person in the court ruom-tllat the
clear exposition OF the law by the court,
coupled with the damaging testimony
in the case, made his situation critical
in the extreme.
Shortly after the Jury retired, Car
berry had his supper brought.o him, OF
which he ate heartily with an apparent
relish; after be had finished eating, his
son handed him An evening paper and
he passed some time in perusing It.
About 8 o'clock, Mr.. Lore, His senior
counsel came in, and he spent some
time in earnest conversation with the
prisoner; after his departure Carberry
again adjusted his spectacies and re-
sumed his reading.
At II o'clock the jury sent word to
the judges that there was not the least
probability of their arriving at any con-
clusion; their honors ordered that they
be furnished with food and the court
house locked up until this morning, as
Judge Wo3ttens laid that no ver,ict was
ever taken by the courts of this State on
a Sunday, and he would not receive one
in this case until this morning.
THE JURY.
The jury in the Carberry case sent
written communication to the Court
this morning about II O'Clock, stating
that they could not agree upon YER
dict, after reading which, the Court or
dered them to be brought III.
The foreman stat, Il 20 the Court that
there was not the slightest probability
of their agreeing; that they stood ten to
two. and had been the same ever since
Saturday evening. Judge Wooten said
that 1t was unfortunate that they could
not agree upon verdict, but as
tbey had been out about forty hours
without agreeing he would discharge
them.
Teased into Rurchasinx IL.