Savannah morning news. [volume] (Savannah) 1868-1887, 1882-08-23
DUELIST GARLAND.
ARGUMENT IN THE CASE BEGUN.
Elaborate Instructions from the
COurt TO the Jury.

Elaborate Instructions from Ihe
Court TO the Jury.
LUNENBURG G. H., VA, August 22.-The
court delivered It's charge to the jury in the
Garland murder case this morning. The
court instructed the jury:
First. That If they believed from the evil
dence that the accused went to the place of
meeting with the willful, deliberate and pre-
meditated intention to kin the deceased,
and In pursuance of such intention did Kill
the deceased, the accused is guilty of MUIR
der in the first degree.
Second. That every homicide is presumed
oy law to be murder in the second degree,
and In order to elevate the offense to muir
Ger IN the hrst degree, the burden Of proof
Is on the commonwealth, and in order to
reduce IL TO mansaughter the burden of
proof is on the prisoner.
Third. That If thsy believed from the
evidence that the accused wrote on the 5,h
OF July, 1882, letter eouched in the fol-
lowing language: Joseph Addison: You
said In your note to me, that Won in
dorsed everything Miss Hatchett tsatd
to me in her letter. l will attend to
you In due season-you internal low.
lived, lying scoundrel % which letter was
sent TO and received by the deceased on or
before the ninth of July, and that the ac-
cused, in pursuance of any purpose fndf-
Gated in said letter, armed himself with
deadly weapon, and went in company with
two other persons, on the 13 July, one
OF whom was likewise armed with a deadly
weapon. to the place of killing, with the
view to meet the deceased, ana failing TO
meet the deceased on that occasion. left
word for the deceased that a gentleman
would be to see him next morning: and il
the jury believe from the evidence Gnar the
accused on the next morning, July 14,h
armed himself, and one John A. Roach,
each with deadly weapon, and, in COM
pany with said John A. Roach and one Wm.
w. Boswell (who was also armed with
deadly weapon), went to the place of the
killing, and, in pursuance of any purpose in
dleated in said letter, sent for the deceased,
who came to the place of the killing to meet
him; and II the jury further believe from
the evidence thai upon meeting the de-
ceased the accused killed the deceased with
the deadly weapon, with which he had pre-
ViOuslY armed himself, Without any lawful
provocatiOn then recei, ed, the Jury must
lind the accused guilty of murder in the
second degree.
Fourth. That, If the jury believe from the
evidence that the accused voluntarily went
to the vicinity of the deceased's residence
In pursuance of a notification to that effect
previously communicated on behalf of the
accused to the deceased, armed with a dead
ly weapon, with the purpose of having
an affraY or difficulty, II the de.
ceased did not withdraw or apologize
for an insult previously given the accused
ny the deceased, and upon meeting the de-
ceased killed him, they must find the ac-
cused guilty OF murder in the second de-
gree, since the accused cannot plead self
defense for the killing under such crcum-
stances.
Fifth. That II the jury believe from the
evidence that the prisoner came to the
place OF combat and invited or induced or
had the deceased brought out to meet him
for the purpose OF engaging with him In an
encounter with firearms, the result of which
encounter was the death OF the deceased
from pistol shot wound inflicted by the
prisoner, such killing is murder, and Il mat
ters not which party to the combat actually,
Ia point of time, fired the first shot.
Sixth. That words Of insult or reproach,
If acted upon by one not in heat of passion
or after sufficient time for cooling has
| elapsed, are no excuse or justification for
homicide, and do not serve to reduce homi-
eide from murder to manslaughter.
Seventh. The court further instructed the
jury that all malicious killing Is murder, and
that in case of homicide malice is evidenced
by the deliberate selection and use of
deadly weapon, by a preconcerted hostile
meeting, notified or threatened by the SLAYER
or by his acting on q previous QUARREL and
no pToyucatton or words or gesture, how
ever aousiyely threatening or insulting, can
reduce the killing to manslaughter.
To all the above instructions counsel for
the defense took exceptions. The court
further instructed the jury in substance as
follows:
Eighth. That the law presumes every,man
innocent until proved guilty.
Ninth. That the burden of proof is on the
Commonwealth.
Tenth. That the prisoner mus have the
benefit Of every reasonable doubt.
Eleventh, Twelfth and Thirteenth. That
a person attacked with a deadly weapon hy
another, or threatened with deadly attack
through no wrongful act of his own, may
defend himself to the extent of taking the
life of his assailant, If necessary, and such
killing is justifable homicide.
Fourteenth. That man may repel force
by force in defense of his person or property,
but the force or violence used must not be
excessive, but sufficient TO repel attack and
free the party attacked from imminent dan
ger.
Fifteenth. That If the jury shall have any
rational doubt Of any important fact neces-
sary to convict the accused of any offense
VIII teveT, they are bound to give the ac-
cused the henefil of that doubt
Sixteenth. That IL upon the whole evil
dence ii the case there be any rational
hypothesis consistent with the conclusion
that the homicide was excusable or iustifi-
able. The accused cannot be convicted.
After the reading Of the instructions it
was agreed that Mr.. Orgain should open for
the Commonwealth, and Mr.. Attorney Tsy-
los OF Baltimore, and Judge Dfury A. Hin
ton OF Petersburg, should close for the
prosecution. at Ills o'clock argument
was commenced by Mr.. O7gain.
He began his remarks by
SAYING that he had no preiudices
for or against the prisoner, and referred to
the great responsibility resting upon the
Jury. His argument went to show the
deliberate purpose of Garland, by his saying
to Addison ia his note, 81 will attend TO
you in due season, yCu Internal low-lived
scoundrel," In providing himself with
weapons aud securing aud arming Boswell
and Roach, and sending after Addison
At 1l:30 O'Clock the court took a recess.
After the recess Mr.. Orgsin resumed his
argument, which vas concluded at 4:30.
He was followed by r r. Taylor, of Balti-
more, OF counsel for the prosecution. The
case will not be given to the jury before