The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1881-03-03

t"ji;tce' sut kHa-T. K II sl,ch c7rTarter - e: p
h-aas,' 4orefo tef. ID art .s-e ci.,i - aat', ~,
s:rte neprr-s sisci1t4 ~ fn.,re = ol~ cf'--.t-f
a.=;inei. Esf sia-e taoo F-air I tre oR'-eH-. aai
-srrr-= a-+rt --at r-as tss5'= r.,.,,tt.f-5s - :
tr5=7-rfa tFa-t 7raz - v-o! -n- - gzr-e-aI rro
zs7 e--;ud zu5 drank - IT, I'D.
=-e m ira.c~7ae ara viol-r- roa5. Etfa rsuuta-
ffa-.~-s= rs5
,E+--c= K AcClHr=. Was anrnsi,,tsd - In Rlady.
Eis chsrsetrr. sr az sG1vr. was viccue Fisr rep
a.a'Inn 80 far as knew, bad rhcr no drink
! Ing.
/ David fIldenhran5. Could not tell what Braay's
Character 7va.-lGeroly knew him when him.
Heard others sey hi rather G5 the dangerous or
! der when drinking.
! Frank Hudson. Brady WAS said TO he a dangerous
ms1 / kncg him be 4 violent man. ffc was said
! TO be dangerous mar when drinking There a
game Of cards at Mctlnre'= saloon and dispute
arose, and Brady came in with butcher-knift and
ordered us out. He had been attending bar for Nc
! Cure.
Simon David. Had dinicmty with Brady at John
| Bertsch's saloon during last campaign. Do not know
what the reon'e said about him.
Henry Martin. Do not know to the character of
Brady only as to what have seen Regard him as a
dangerous man. He regarded when he was
drinking.
| William Gracy. Saw Becker when he was brought
to Jail on the day of the shooting He very
1t was time in the afternoon. Becker recognized
| persons present, and talked with them.
Jasper Buckley. Saw Becker when he was put in
jail. He was very drunk.
DR.. B. F. Holcomb Saw Becker In jai a day or two
after he had been put in. He had on his hand,
which he said had been caused by burn.
| Defendant, Peter Becker sworn and took the
witness stand Came jackson try to sell a gun.
was about to buy lot and had not money enough
| to make the first payment Drank about pint of
whisky before I started from Coalton. In Jackson.
went to Dan Crossins and got whisky, then
went to the gunsmfth shop to get my gun repaired.
Have no recollection of any thing further until next
morning. when found myself in Jail. Defense here
| rested.
DAN Crossin called as rehutting testimony "a long
discussion here npon legal points. w ch would
not be Of interest to the general reader) Witness d-
rectpd to stand aside.
Dr. C. X. Crumt. Am physician. Mr.. Moore
stated hypothetical stating many of the actions
of Becker in Jackson the day Of the shooting and
then asked what he wonld say to his knowing 1T.
The answer was. witness thonght he would know IT.
objection made and argued and question and answer
waived for the present. The witness then uues-
toned to different kinds of insanity. The Court
here sustained the first question and answer.
James A. Aleshire. I ordered Becker to Jail. and
he wanted to give bail He had been talking Billy
RYAN In the hack room about going his bail. Ihave
known him ten years. He was what I would call
DRINK. hut he talked nationally.
N. Downey. Am Runsmith. Becker in nv
shop just before dinner the day of the shooting.
He was there twice. but only a short fine. saw
nothing the matter with him. He acted rolite and
gent'emanly for him. Did small job for him. put
ting in a tube in gun.
Joseph Andres. Saw Booker after the shooting.
Shook hands with him. and had little talk with him.
Hn called 'Jnsie" he usua''v did when he met
me-. said to him he had again got into fropble: he
said YES. he always enttrC info tronh'n.
thing Ike that. Heard him ask James o. Hattnn to
change aaats with him.
The testimony here closed.
The fret adc l,,-r for
tho state and he followed John T.. Jones ana
t. w. Laird for the defense and John T. Moore closed
f'r the State. The srgrr,nnts occupied sl dav FRI
ley arl fhe charge of the fcnrt finished hs'f
uast rt-e ~ -irht
The 'n''o-inr Is the charge pf Jrdce Trpp;
This t01ictaers IS undar Sections eSas ena ESQ
There three degrees crime ir this State for
homictde under TIE Sections 7 have read. or tTe
Statutes or 0tia wi,ic!, are rnurecr su the 1s4 Dc
murder IL she 81 degree aaSarghter and.
a'thous, gentlemen of the jury the ind d!ctment
atus bnt II Is called. vet. all three Of
hose crfme9 have named are iTclndcd and contain
- In the Indictment properly and fully Icaied he
cause the Indictment coHtains charge the crime
ofn;ur7nr in the fret degree and I'll tho Ingredients
averlneuts and elements necessary to constitute the
crime Of murder in the second degree incindcd iI
hc charge Of murder in the frat degree and all the
necessary avernerts and elements to constitute the
charge ofmanslsughtcr arc included In The Charge of
murder in the second 'egree: for the greater in
rst degree. 1T being the highest crime for homicide
in this State) include the lesser crime of murder in
the second degree. and manslnughter well.
The law raises the presumption In this il
Dies I'm ali criminal charges in favor of the innocence
of the defendant. To the charge. rather charges
contained in the Indictment to which your attention
has been called the defendant has put his plea of
Not Guilty" Now. gentlemen of the 1ury. II the
charges. either of them. contained the indct-
ment Is true. the defendant is guilty of that crime
ri, hat hit sr1,x
reasonable doubt. On the other hand If the evidence
and facts do not support the charge murder
in the first degree. murder in the ID degree or
msnslaughter, beyond reasonable doubt. the de-
fendant is legally innocent. The presumption of law
is as have informed the defendant is innocent.
Beforeihis presumption of innocence is removed.
every material element of crime charged in the in
dictment entering into and making up more of
the crimes charged must be to the exclusion of
every reasonable doubt.
If upon full consideration and a careful weighing
of all the evidence offered in the and of the facts
and circumstances proven. there remains in your
minds reasonable doubt to the existence of one
more of the ingredients or elements constituting the
crime charged 1t is your duty to acquit.
If the facts proven. any, to satisfaction, can
the theory of innocence would still prevail and stand
in favor of the defendant. But you have
able doubt any of the material averments of the
indictment necessary to make out the crime charged
and to the State under your oaths to pronounce the
defendant guilty of whatever degree of crime the evil
dence establishes.
A reasonable doubt means simply what the words
imply and Indicate nothing more, and nothing less.
They do not and must not be understood to mean
such doubt is raised created by pity, love or
sympathy for the prisoner, begotten and born of
wish, intention desire to prevent and protect him
from having inflicted and from suffering the penalty
of the law and sought merely excuse pretext
p,,%o don
calm. honest cool. reasoning and reasonable man
aud jury has. after careful and full consideration Of
all the evidence. facts and circumstances proven
wholly. totally and utterly unmoved and unswerved
the way the other by love, sympathy, hate,
venge, or other human passion.
One efectfveway, and possibly the best. of making
the test to determine whether reasonable doubt
lists after full careful and critical consdera-
ton and weighing of all the evidence offered well
by the defense by the State I'm the and for
the pnrrose have already stated is to proronnd to
yourselves the question: in the light of all the evil
dance facts and circumstances is the defendant cri'
tv2 And then. If the mind honestly estates refuses
act give its assent afiirnaiivey TO such Gues
tion. may he said reasonable doubt exists and II
such doubt exists it Is duty to give the prsone'
the benefit of such doubt, and acqult.
The material avernlents to he proven to the deg-e'
/, certainty have named to establish, nask" o.
cla.gp of murder hi the first degrce urler fbir
ia5.ic cR:eot sre
1st, That james Brady is dead, and that he kill
~ and murdered
-. That zuch killing dome withir this ror-'ty
IL That he Killed and murdered some time Iri-
10 the frdiug Of the Indictment.
ttl That James Isrsdy to his death, and that
~ wa killed ard murdered by the dcferdant, Peter
pec5er. by the means. and IN the specifically
aud particularly set ont IL the Indictment, ard
5l. That the killing unlawfcly- pGrroscly
N naliciousIv done. Peter Becker. the defend
ant. with deliberate and Hrcmoaitatcd malice.
der in the first degree under the laws OF Ohio, there
must he nurpesr intcrt TO kill another, and in
this rog llust find from the evidence. Ard, II
in consideration Of the evidence. You 6nd beyond a