The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1882-08-23
The Judge In the Garland Trial De.
li'ered Yesterday Very Long
and Exhaustive Charge
to the Jury.
Inc Counsel for the Defense Take Ex-
cepiions to Nearly All OF
His Instructions.
A Conductor and Boy Killed and Two
Men Wounded in n Rail-
road Accident.
Counsel In the Star-ROute Cases Are
Still Speaking.
The British Soldiers Open Fire Upon
Kailr.el.Dwar.
Other Foreign and Domestic News.
The Courts Charge.

LuuNENsuRG, August 23.--The court deliy.
credit charge to the jury in the Garland
case this morning, The court instructed
the Jury first, that il they believed from the
evidence that the accused went to the place
with the wilful, deliberate and
premediated intention to kill deceased, and
in pursuance of such intention to kill de.
ceased, the accused is guilty Of murder in
the first degree.
Second Every homicide is presumed by
law to be murder in the second degree and
in order to elevate otlenses to murder in
the first degree, the burden of proof is on
the commonwealth, and in order to reduce
II to manslaughte ther, burden Of proof is
on the prisoner.
Third. That If they believe from the
evidence that the accused wrote on the 5lh
Of July, 1882, letter couched in the follow.
ing language "1os. Addison, you said in
your note to me that you endorsed eyery-
thing Miss Hatchett said to me in her
letter Will attend to you in due season,
you inienal, low lived, lying scoundrel,"
which letter was sent to and received by
the deceased on or before the 9th of July,
and that the accused, In pursu.
ance OF any purpose Indicated in
SAID letter, armed himelf with deadly
weapon, and in company with two
other persons, on the 18th OF July, one Of
whom was likewise armed with a deadly
weapon, went to the place of the killing
with the view of killing the deceased, and
failing to meet the deceased on that morn.
ing, lett word for the deceased that some
gentlemen would be to see him next morn.
ing and II the jury believe from the eyi-
denoe that the accused ON the next morn.
ing, July l4th armed himself and one John
Roach, with a deadly weapon, and in com
pany with John Roach and one William
Boswell, who was also armed with
a deadly weapon, went to the place
OF the killing, and in pursuance
OF any purpose indicated in said letter,
sentfor the deceased, who came to the place
Of the killing to meet him. and if the iury
further believed that upon the meeting Of
tue deceased with the accused accused
Killed the deceased with the deadly weapon
with which he had previously armed him.
self without any lawful proyocaton then
received. the jury must find the accused
guilty of murder in the second degree.
Fourth. That il the jury believe from
the eiidence that the accused voluntarily
went to the vicinity of deceased
IN pursuance of notification to
that effect, previously communicated
oh oNhali VI uCVuScu " utCeHScu, armed
with deadly weapon for the purpose of
having an atlray or difficulty If the deceased
did not Withdraw or apologize for an insult
previously given accused by deceased, and
on meeting deceased killed him, they must
find the accused guilty of murder in the
second degree, since the accused cannot
plead self-defense for killing under such cir
cumstances.
Fifth. That if the jury believe from the
evidence that the prisoner came to the
place OF combat and invited.or had deceased
brought out to meet him for the purpose of
engaging with him III an encounter with fire.
arms, the result of which encounter was the
death of said deceased from pistol-shot
wOun inflicted by the prisoner, such kill
ing Is murder, and il matters not which
party to combat actually in point of time
fired the first shot.
Sixth. That words. of insult on their
approach by one not in the heat of passion,
or after sufficient time for cooling his
temper had elapsed, ara no excuse or iusti.
tication for homicide and do not serve TO re-
duce homicide from murder TO manslauah-
ter.
Seventh, The court further instructs the
jury that al malicious killing is murder,
ana that in case of homicide malice is evil
denced by the deliberate selection and use
tile meeting, notified or threatened by the
slayer, or by his acting on q previous quar-
rel or erudge, and that no provocaton or
words or gesture however abusive, threat.
ening or insulting, can reduce killing to
mansaughtcr.
To all the above instructions the counsel
Tor the defense took exceptions. The court
further instructed the jury in substance AZ
follows:
Eighth. That the law presumes every
man innocent till proven guilty.
Ninth. Thatthe burden OF proofis.on the
commonwealth.
Tenth. That the prisoner must have the
benefit of every reasonable doubt.
Eleventh, twelfth and thirteenth. That
a person attacked with deadly weapons by
another, or threatened with deadly attack,
through no wrongful aot of his own, NAV
defend himself TO the extent of taking liky
II necessary, and such killing is justihable
homicide.
Fourteenth. A man may repel force by
force in defense OF his person or property but
force or violence used must not be eI.
cessiye, but only sufficient to repel an st. |
tack and free the party attacked from
imminent danger,
Fifteenth. That if the Jury shall have
any rational doubt ~ TO any important
fact necessary to convict the accused Of any |
oilense whatever, they are bound TO give |
the accused the benefit of that doubt.
Sixteenth. lf upon the whole evidence |
IN the case there be any rational hypoth.
esis consistent with the conclusion that |
homicide was ,xcusablp or iustiliable, the |
lp aCgu gpI annpnt ha aap vtntal