Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1881-05-06
The To,ms CT Homicide.

Every homicide like that OF Saturday
night last in This city, brings NJ III the COM
munity discussion regarding the legal d,hni-
ton of the crime committed. There are four
forms of hrncici,ic known to our laws .;
murder in the first docrre. murder inthe sec
ond degree. manslaughtes aGl iGsiiiiable
homicide.
INT a recent date there was hut one de-
gree of murder und..r our Vermont statute.
Now the law provides that murder com
nited hy means Of poison, OF 10y lying IN
wait. or hy wlfu deliberate and premeditat-
ed killing, or committed in pcrreiratinS or
attempting To perpciraie arson, rape, rob
berry, or burglary. shall he murder OF the
first degree All other kinds of murder shall
he murder Of the second decree Tia: is to
saw. killing without such distinct evidence OF
malice afore,hought, vet without sufficient
Justification for anger and heat Of bloof is
murder in the scco'd degree. Mansiaughier
is killing in sudden anger and heat of blood
Homicide is iusiiiiablc when committed in
the Just and necessary defence Of ones own
life. or of the life of his wife, parent, child.
brother, sister. master, mistress or servant,
or when one kills another who is attempting
to commit mur.!er, rape, burglary or rob
berry with force or violence.
The penalty of murder in the first degree
is death by hanging of murder in the sec
old degree, Imprisonment for life; of man
slaughter, Imprisonment for term of not
less than seven years.
The distinction between murder and man
slaughter was clearly brought out IN the
somewhat famous case of the State against
Peter Mcdonnell. Mcdonnell WAS young
printer employed in the FEEE Press Oiiicr-
He was out in the streets skylarking, ono
Saturday night, with some registering young
comrades. They made some disturbance
about the door of shop on Church street,
within which some men were playing cards.
One of these, named Mckccn, weni
out TO drive them away, or pun
ish them for their Intrusion. Me
Keen struck and clinched Mcdonnell, and
in the ARRAY was stabbed TO the heart by The
latter with a pocket knife and died instant
ly Mcdonnell was tried for murder, and
convicted. The case was appealed to the
Supreme Court, which ordered new trial
The second trial resulted in a verdict oil
manslaughter, and Mcdonnell was sent 10
the State Prison and died therr, of consump-
ton, several years after.
In that case the Supreme Court held that
if one inflicts moItll wound with a deadly
weapon, it is Il presumption of fact that ne
designed the natural consequences of his act,
and it is murder, unless he shows that the
result WAS not designed, or that it was done
in heat of blood, upon legal provoca'ion,
or was unsuitable that if the design to
kill be formed deliberately, Tor ever 50 short
a time before the giving of the mortal
wound, or if formed without such provo
cation as the law regards As sufficient provo
cation for anger and heal Of blood, it is muir
der. But the court also held that it Is III"
duty of the Iurt, in a case OF homicide, 10
look for every excuse which may reduce the
guilt to the lowest degree consistent with the
facts proved that malice cannot be pre-
sumcd from the mere fact of killing and
that if in mutual combat without previous
malice, and after mutual blows given, one
party draws his knife and, in the heat and
fury of the fight, deals the other mortal
wound, it is hut manslaughter, although the
blow Was given with purpose TO Kill.
The application of these rulings to he
homicide of Saturday night last Is obyions.
If the facts are rs stated, it was not muir
der, and the only question likely 10 arisc is
whether it was case of justiiiahc homicide,
or of mansaughter