Savannah morning news. [volume] (Savannah) 1868-1887, 1882-04-26
The RA1RCRILn TRIAL.
The Arguments Charge Of the
Judge--Verdlct of the Jury.


case submitted TO the jury.
On the opening of the court at half-past
nine O'Clock in the morning, Solicitor Gene
raj W. G. Charlton commenced the argument
for the prosecution and spoke very forcibly
and earnestly for over an hour. He was
followed by Captain A. Pratt Adams for the
defense In an able speech, who closed at
twelve O'Clock, when the court took re-
cess until half-past twelve. When court re-
convened Captain Robert Falligant followed
in behalf OF the defense. and the argument
was closed by Colonel Rufus E. Lester for
the prosecution at quarter to six O'Clock.
The court room was densely crowded
throughout the day, and the arguments and
the charge of the court were listened to
with the greatest attention.
At a quarter to six O'Clock Judge Tomp-
kins chargedethe jury as follows:
CHARGE TO THE JURY.
State VS.. William G. Fairchild. Murder.
Inc defendant is indicted for murder. The
lawsFelating to that crime, and those which
fall Immediately under it. are found in certain
sections of the Code OF Georgia. AS follows:
Here the court read sections 1920, 1921 1922
1923, as amended by acts of 1889, p, in Hop
kins Penal Code, section 1923, o. $50
II you do not find that the defendant is guilty
of murder, then you are to see if he be guilty
Of either grade of manslaughter. under the
following sections of the Code. viz: Sections
1924, 1925. 1926, 4327, 1929. (All Of which the
court ready
also read to you the section of the Code re-
latiDg to recommendations, if you find the de-
PENDANT guilty Of manSlaughter in either de.
gree. (Here the court read section 1855 of the
Code) So if you do not acquit the defendant
ysu may find him guilty of either one of three
Offenses: Nurder, with or without the recon-
mendatiOn to Imprisonment for life, as your
discretion shall dictate; voluntary manslaugh-
ter, or involuntary manslaughter in the com
mission of an unlawful act.
The defendant is presumed to be innocent
until he is proven to be guilty by the testimony
But if you find from the evidence ad-
duced on the part of the State that
the defendant did willfully and knowingly
shoot the deceased. Edward R. Henderson, as
set forth in the Indictment. and that the said
Henderson died from the effects of the wound
so inflicted, then the law calls this murder
and casts upon the defendant the burden of
disproving this legal presumption. The dis.
proof of this presumption need not necessarily
be done by the evidence offered on the part of
the defendant, but you can look to all the tes-
timonY on both sides to find the disproof or to
see if the defendant should be found guilty of
some offense other than murder or should be
acquitted. The defendants statement goes to
you along with the sworn testimony in the
case. and you can give to it greater weight and
consideration than the sworn testimony If you
see proper so to do.
The jury, under the law, are judges of the
law and the facts in criminal trials. You are
to take the whole testimony on both sides in
Guiding the statements of the defendant and
determine for yourselves the weight, value and
effect of the testimony. and settle upon what
are the facts shown in the case. Conflicts in
the testimony of one witness, or conflicts in
the testimony of one compared with the testI-
mony OF another, or others of the witnesses
you are to reconcile, if possible 40 as to
make the whole consistent. But if you
cannot reasonably and conscientiously be-
lieve everything that has been sworn to or
stated, then you have right to disregard what
you think false or incorrect, and to make up
your verdict by reference to that portion you
conclude to believe and rest upon. You are
not to conclude that any one who has testified
or made statements before you, willfullv or
knowingly states what they believe to be false
and incorrect, unless you feel obliged to do so
in view of all the facts and circumstances dis
closed by the whole testimony
To what you thus arrive at as being the real
facts Of the case, you are to consider in the
light OF the law as applicable to them The
law, as it has been read to you, or spoken to
you by counsel on both Sides and the law as
charged TO you by the court, you can properly
look to and carefully consider Thus Won are to
determine what the law really is and how it
applies to the facts and governs you in the find
ing of your verdict But you have neither the
right to make the law or willfully to misjudge
the law. There are sources from which Won are
to derive the law just as there are sources from
which you are to derive the facts From the
court and from the books as read to you by
the
law. From the witnesses you are to find out
the facts. You are sworn ''wel and truly to try
the issue formed upon the bill of Indictment
between the State of Georgia and William e.
who is charged with the offense of
murder, and true verdict give according to
You have not the right no Jury has
the right, to disregard or override the facts thew
honestly believe TO have been proven, nor to
or override the law as you honestly
believe it to be, and as it applies to those facts
You are to render verdict true to the facts and
true to the law, judging carefully, candidy.
fearleSSly, impartiallY and cOnscientiouSlv If
both the facts and the law. With the conse-
1uences, or apprehended consequences, of your
verdict you have, neither in law nor morals
anything whatever to do. AS to what has or
has not been proven in the case the court can
not express or intimate an opinion IT would
be improper and illegal for me to do so. and
you alone are the judges OF the Importance the
credlblllty and the effect Of what has been i'm
parted TO you from the witness stand. Ali this
you are to do impartialy, decent!y, honestly
and in the due reverence of the law and the |
trusts which the law has imposed |
upon you as sworn jurors.
You cannot legally convict the defend |
ant OF any Qfense unless you can do
so beyond any reasonable doubt of his
guilt II reasonable doubt of his guilt,
growing out of the evidence or the lack
IF evidence, rests upon your minds, that doubt
the defendant is entitled to- 1t is his property,
and should result, must result, in an acquittal
But II, after careful survey of the whole |
both Sides and the prisoners statement.
you find no reasonable doubt of defend
ants guilt. then you should not
acqult him, but find him guilty of the crime |
Tou believe him to have committed. A reason
able doubt. to which the defendant is entitled |
s not vague, underlined, floating belief that |
oy possibility the defendant is not guilty but it
should be a well formed and definite douht
growing out of the evidence, or lack of it. and |
such as reasonable and honest minded man
2an properly and reasonably entertain. 1 read |
TO you what the Supreme Court says on this |
subject. Here the court read from So Ga. 492.
500, from Hopkins Code 49l)
The counsel for defendant have introduced |
evidence of the intoxicated condition of |
he defendant at the time of the |
20 look to all the testimony and
ascertain the condition Of the defendant at that
lime. If you find that he was drunk in whatso- |
ever degree this fact you can look to as part Of
he case, and the fact of drunkenness can
De taken into consideration by you in making |
lp and arriving at your verdict But under the |
aw of Georgia, as laid down in the Code of |
Georgia, drunkenness is no excuse for crime |
Here / read the section referred to. Court |
cad section 1901 of Code.)
If you find from the evidence that the de- |
iendant shot and killed Henderson, and that |
when he fired the fatal shot that he was so
trunk that reason, memory and volitiOn were |
that he had lost the sense and |
of right and wrong, and knew |
neither what he was doing, nor the lawfulness |
nor consequences OF MS ACT, or was incapable |
IF forming the design to shoot, but shot by |
misfortune or accident and without will de- |
.ign or intention, then the defendant should |
De acquitted And you are to look to all the |
acts and circumstances Of the case to deter |
nine his condition at the time of the shooting |
Yet. if you believe from the evidence that
he defendant shot and killed Edward R. Hen |
ierson, as alleged 10 the indictment, and that |
t defendant had at that time been sober the |
Killing of Henderson would have been murder |
Inder the law as have read it. then l charge |
you the law is, that he would also be guilty |
IF murder if you find that the defendant was |
trunk by his own voluntary act, and so rem
lered violent, reckless and frenzied but was
not so impaired in his mind and morals as to |
be incapable of knowing right from wrong
and was not SO drunk as to preclude him from |
that causelessly to shoot pistol |
At human being was an illegal and inexcusa- |
Die act. If man be impelled. be forced, by the |
influence of Intoxicating liquors, which he has |
drunk, to commit an act which he |
would not commit when sober, but which, |
ne still knows, while he commits it,
s an act wrong and Illegal; then the |
aw does not excuse such q man
Tor the consequences of such an act. If the de-
lendant had a pistol which he knew was
deadly weapon and was loaded, and so having
It, formed the intent TO shoot it at the de- |
ceased, Knowing at the time that he was doing |
an unlawful act, and so shooting wounded |
Henderson so that he died from the effects |
Of the shot. then defendant is guilty of murder,
although he may not have designed to take |
5ne Ire OF deceased Wnen tue SHOJ was uI6u al i
him; for the law says: THAT where in /
killing shall happen in the cammis-
sion of an unlawful act which, in its conse- |
luences naturally tends to destroy the life of |
human being the offense shall /
be deemed and adiudged to be murder"
Section 1902 OF the Code says: "a person |
shall not be found guilty OF any crime or mis- |
iemeanor committed by misfortune or acct |
lent, and where it satisfactorily appears there |
vas no evil design or intention, or culpable |
neglect" If, looking at the whole case, all the
taken together, or such parts of it /
,s Won choose m credit Won concude that the i