Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1882-03-24

The following is a verbatim copy
81 the charge Of the court to the
jury upon the subject Of murder and
manslaughtcr in the case Of the
State IS. Noble.
Some i'll minded persons who
want partisan Judge, have circu-
lated Il report that the charge ia
yorcd the accused. Read and see
tile ialsity and wiekedncss Of such a
statement.
The killing Of a human being
when perpetrated from premedi-
tated design to effect the death of
Tile person killed II murder III the
FIRST degree.
No length Of time is necessary for
tile premeditated design to have ex-
isted.
II is enough if il exist at the time
of killing, and had been formed be-
fore killing ever so short time. :
When the killing Of a human be-
ing by another is established, the
presumption arises in law that it
was done with 4 premeditated de-
Sign to effect the death that was pro-
dnccd unless the circumstances Of
the killing, remove the presumption.
Ii il is proved ut the trial that the
defendant believed that the shooting
was necessary To save his life, it re-
moves the presumption Of n pre-
meditated design arising from the
killing.
III the circumstances attending the
killing do not show any apparent
reason for doing the act, other than
that arising from the act of killing,
the presumption Of prcmeditated
design is fastened upon the killer.
The burden is then thrown upon
him Of disproving the malace or
prcmeditatcd design.
III from all Ut the facts Of kill
ing, the jury are Of the opinion that
il was not done with a premeditated
design to kill, they are To inquire
whether the killing is manslaughter.
The killing Of Il human being
without intending TO kill by any act
done III the heat of passion, in a
cruel and unusual manner is man
slaughter iii the second degree, IN
less the act Of killing is iustifiable or
exeGsable
\ jury il y Judge Of what is cruel
md unusual But generally cruelty
il manifested by repeated acts Of
violence. and not by single act.
II one is assaulted ever So vio-
lentlv, and unnecessarily kills the
assailant To prevent his committing
4 simple assault it is manslaughter
III the second degree, unless it was
lustiiiahle Or exeusable killing or
some other degree Of mamslaughter,
because of having been done in
heat Of passion without intending to
produce death.
The law is 81 solicitous to pro-
tect human life that it requires ey-
cry man when assaulted, or threat
ened with violence to retreat and
avoid the contest If lie can do SO
with safety to his life, and safety
from great bodily harm. II he does
not do this, and III the heat of pas
sion kills another with dangerous
weapon, lie il guilty Of manslaugh-
ter, although he did not intend to kill.
The killing of human being in
the heat Of passion without design
To effect death BY dangerous weap-
ON Is manslaughter IN the third de-
gree, unless the killing be justifiable
or eNcusable.
There is 4 fourth degree of man
slaughter arising from a variety Of
particular cases.
One may be engaged IN defending
his person or property under cir
cumstanees, that neither iustifies or
excuses killing, and if he in doing SO
acts so thoughtlessly and so reck-
lessly as to kill another when he
ought not 10 have killed, and when
it was unnecessary to kill. either to
protecG person or property, 1t Is
manslaughter in the fourth degree,
Notwithstanding the person killing
did not intend to kill. In such case
he had right to defend his person
or his property.
But if he acts without regard TO
human reason, and unnecessarily
uses dangerous weapon, with so
little regard to usual and ordinary
caution as to kill another, although
he only intended to brighten, he is
guilty Of manslaughter in the fourth
degree.
If j. is established by the proofs
in this case, that there was state of
lawlessness in Gratiot, kind of
reign of terror occasioned by an ir-
responsible mob, and the accused
was considered generally the princi-
pal object to which the idea of the
iawless mob was directed with a