Daily Los Angeles herald., 1882-01-27
Late kilograms.
FIRE In san Giscs.

Fire In ssn Frsscisc".
BAN FRANCISCO, Jan. 26.-The
California Flour Mills and Mac
ArOn's Factory, corner of Sixth
and Berry streets, was burned this
morning. Loss estimated at forty
thousand dollars.
"A Remasksbio Mine.
YUMA, Jan. 26.-Recent develop.
.ments in the "Remnant" mine,
Silver District, this county, are
;ph Fifteen feet of solid
ore Is at the bottom Of the shaft and
ore wall has not yet been enooun-
tered. The ore body is all impreg-
mated with horn silver and the ore
sis so valuable that 1t Ia all sacked
for fear 1t may be stolen. A great
deal Of it assays over q dollar to
the pound. This strike is equal to
any ever made in Arizona. Dow
ney Harvey, nephew Of ex-Gov.
ernor John G. Downey, Is one Of
the principal owners of the "Rem-
nant."
The Charge to tho Jury.
WASHINGTON, Jan. Goth. AT
3:15 Judge Cox began to deliver
his charge to the jury. He COM
menced by saying:
"rhe Constitution provides that
In all criminal prosecutions the ac-
cussd shslI enjoy the right Of
speedy and public trial by an i'm.
partial Jury in the State or Dis
trict where the crime shall have
been committed; that he shall be
informed of the cause and nature
of the accusation against him; that
he shall have compulsory process
to obtain witnesses in his favor.
and that he shall have the assis-
tance OF counsel in his de.
fense. These provisions are
intended for the protection
Of the innocent from injustice and
oppression, and it was only by
their faithful observance that guilt
or innocence could be fairly ascer-
tained. Every accused person WAS
presumed to be innocent until the
accusation was proved. With
what difficulty and trouble the
law had been administered in the
present case, the Jurors had been
daily witnesses. 1t was, however,
consolation to think that not one
of those sacred guarantees of the
constitution had been violated
in the trial of the accused, Be.
fore proceeding further he wished
to notice an incident which had ia
ken place pending the recent argu-
ment. The prisoner had fir. r.quently
taken occasion to proclaim that
public Opinion,as evidenced by the
press and his correspondence, was
In his favor. These declarations
could not be- prevented except by
the process Of gagging the prison
.er. Any suggestion that the jury
could be influenced by such law
less clatterirg of the prisoner
would have seemed to him absurd.
and he should have felt that he
was insulting the intelligence of
the jury il he had warned
them not to regsd it. The
counsel for the prosecution had
felt it q necessity, however, In his
final argument 80 interpose con-
'tradiction to surh statements, and
exceptions had been taken on the
part of the accused to the form in
which that effort was made. For
the purpose of pureing the record
of any Objectionable matter he
should simply say that anything
which had been said on either side
In reference to public excitement
or to newspaper opinion was not to
be regarded by the jury. To estab-
lish murder it had to be proved,
first, that death was caused by the
act of the accused, and further, that
it was caused with malice afore-
thought. That did not mean,
however, that the Government
had TO prove any ill.will or
hatred on the part of the accused
toward the deceased. Wherever a
homicide was shown to have been
committed without lawful author
ity and with deliberate intent it
was sufficiently proven to have
been done with malice afOre-
thought, and malice was not dis
proved by showing that the ac-
cused had no personal ill.will to-
wards the deceased and that he
killed him from other motives,
The jury would have to say the de.
fepdant was guilty OF murder or
innocent. In order to con-
stitute the crime of murder the as
sassin must have q reasonable
sane mind. In technical terms he
must be "of sound mind, memory
and discretion" Any irresponsi-
bly, sane man could not com init
murder If he was laboring under q
disease Of the mental faculties to
such extent that he did not know
what he was doing, or knew it was
wrsng. When he was wanting in
that sound mind, memory and dis
cretion; that was part Of the def.
milton OF murder. Every defend
ant was presumed innocent until
the accusation against him was
established by proof. Notwith-
standing this presumption OF
Innocence, 1t was equally true
that the defendant was presumed
TO be sane asd to have been 30 at
the time the crime was committed.
The burden Of the proof as to In.
sanity was On the defense. The