The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1882-12-21
THE JACKSON TRIAL.
THE JUDGES CHARGE.

The following is a synopsis of Judge Trips charge
to the Jury in the Jackson
The prisoner the Bar, John w. Jackson is on his
trial before you an Indictment containing two
counts, each count charging him with the crime of
murder in the first degree.
A brief statement of the charge contained in each
count will present to your minds more plainly the ac
cusation than you could gain by simple reading as
there large amount of verbiage, necessary to be
there to make the record show the crime cnarg
ed with great particularly, required by law.
The first count-Charges that the defendant, John
w. Jackson, in this county, on the 3Oth day of Sept,
A. d. 1882 in and upon Samuel L. Hull, then and
there being did unawfuy, purposely and of HIS de-
liberate and premediated malice make assault in
menacing manner, with intent him the said Samuel
L. Hull unlawfully, purposey, and of his deliberate
and premeditated malice, to kill and murder.
Then follows full description of the weapons
charged to have been employed, well as the nature
and extent of the wounds and injury indicted on the
person of the deceased, which is again fd> we'd by
the following averment:
''That the said Samuel L. Hull, from the said 3Oh
day of Sept. A. D. 1882 until the 4th daSf October
in the in the county of Jackson aforesaid
did languish and languishing did live, which 18th
day Of October in the aforesaid the ssd Samuel
L. Hull, in the county of Jackson aforesaid of the
several mortal strokes, wounds, bruises and contu
sions aforesaid died.
The second count-Sets out all the material facts
averred in the count, in about the language
does not that the assault and injury was
with deliberaton and premeditaion, but 1t contains
averment not in the first count that Ii; that the
mortal strokes were given, and the wounds inflicted
by the defendant, while he was perpetrating rob-
berry and theft the person of the deceas@d Samuel
L. Hull and that the assault made and hounds in
icted with the intent to take the life OF ting deceased
You will have the Indictment with y}u. during
your retirement, and If it becomes necessary during
deliberations to refer to the avermets therein
contained, you can read and examine it.
To these two counts the defendant has severally
pleaded, aud for plea says mot guilty.
The effect in law of this plea is to throw upon the
State the burthen of proving every mater averment
in the Indictment contained, well every element
necessary to constitute the crime charged, beyond
reasonable doubt because although the defendant
| been indicted by Grand Jury of the cbunty, and
properly charged therein with the high crime of
der in the first degreestill the law throws its pro-
tecting around the defendant and so zealously
guards the life and liberty of every human Being that
it raises the presumption of the sntre
| defendant and he is placed his trsal before
you with that presumption of innocence standing in
| his favor
And, Gentlemen of the jury this presumpt: on must
stand in his favor before until it is removed
by full proof of every material ayerment necessary
establish his guilt. well every element o. ingre-
| dent necessary to constitute the crime charged
against him, that too, such evidence that sat
| isfes your minds, beyond reasonable doubt. "a
reasonable doubt here fully defned) The mate
rial and ingredients necessary to be thus
|
first degree, under the first count of the Indictment
are:
1st. That Samuel L.. Hull is dead.
End. That he came to his death in the county of
jackson.
Sd. That the act occurred the deed done, and
death place. time prior to the 3Oth day Of
/ November A. d. 1882.
4th. That he came to his death by violence at the
hands of the defendant, John W. Jackson, from one or
more all of the wounds described and fully set out
| irfb hot indi md hal
inflicted by the defendant by the of the weapons,
or all of theweapons in the indictment
| named.
5th. That the assault made and injury charged in
Indictment to have been made and inflicted, were
unlawfully and pnrposely done by the defendant of
his deliberate and prcmsdated malice with the intent
| to kill and murder Samuel L. Hull.
Now Gentlemen of the Jury, havin5 learned that
malice is necessary ingredient of the crime of muir
der. you should know what you to understand
malice to be:
Malice is briefly and well defined to be- 'The dictate
of a wicked, depraved and corrupt heart heart re-
gardess of social duty and fatally bent mischief
Malice, in common parlance, is often associated
with the passions of anger, hatred and but
malice may exist in contemplation of law, without
either anger, hatred revenge. For instance, the
highwayman or robber may meet his victim in the
highway, lonely place. where human eye can be-
hold his acts he may never have known or seen such
victim, such victim may have been his warmest
and kindest friend and there in the silence of the
night or lonely retreat, lay violent hands on the
stranger friend without the most lingering thought
feeling of anger, hatred revenge, and forciby
take his money his property and his lfe and still
in contemplation of law, malice, proof OF such
facts, would clearly appear.
Malice is express and implied 'Malice is express
where the cruel act is done with sedate and deliber
ate mind, with settled and well-formed purpose"
The element or ingredient of deliberation pre-
meditation must be understood by you to mean that
the evidence must show to the degree of certainty
have named, that the defendant, John w. Jackson,
thought of the assault and act he about to do and
turned the over in his mind and reflected upon
it before the act deed committed by him. But
it is immateral the length of time to consider
the act about to be done. 1t is sufficient to constitute
and establish deliberaion and premeditation if the
evidence satisfies you that the defendant determined
10 commit the deed after thinking the matter
and deliberately arriving at the conclusion in his
mind life the deceased, Samuel Hull.
To constitute criminal intent charged in the in
dictmen it is incumbent the State to satisfy you
by sufficient proof that the unlawful assault, If any,
was made by the defendant averred in the indict
ment, with the intent and purpose well fixed in his
mind, when the assault made, to kill and murder
Samuel L. HULL
To determine these issues and questions ofact thus
presented by the plea not guilty. must carefully
look to all the evidence offered before you the state
ments of the witnesses and the proven
guided by the rules, principles and instructions
given you in charge You the sole judges of the
credit to given the the witnesses
and the weight be given their testimony and the
circumstances claimed to have been proven, and you
are also the sole judges as to whether the material
facts and elements necessary to be established
have explained have been proven not beyond
reasonable doubt.
You have heard the witnesses testify, seen their
manner and bearing the witness stand, and heard
their respective stories all of which it is your duty
to remember if you can and carefully scrutinize
to the transaction, whatever it in all its
stages and phases and then in the light of it all to
arrive at such verdict the law and the evidence de-
mands at your hands.
Some of the witnesses who have testified speak of
certain conversations and confessions claimed to
have been made by the defendant to them in their
hearing. This evidence is of such nature and char
acter that it calls for careful consid
Grafton ana scrutiny for the law is such that 1t re-
qures great in courts lest improper evidence of
this kind might be admitted offered by the State
will read and give you in charge the following:
not his OF memoy
induce him to make false accusation of himself,
Of guilt and natural cause for doing SO is
cons ideration. But on the other hand where the
man is not perfectly sane oris minded or the
to deprive him of the full and free exercise of his
he
erately OF natural motive for cenfessng his guilt
the confession IS to be received with caution
but little if any weight can be given to it,
IT, then, Gentlemen of the Jury, you satisfied be-
yond reasonable doubt that every averment and ele
necessary to constitute the crime of murder
the first degree charged in the first count of the in
dctment is established, must saEgso by verdict
of guilty. But if not satisfied, you will then, in
like manner pass to the consideration of the charge
of murder in the first degree contained in the
count of the Indictment, and If you find from all the
evidence that each and material averment and
element necessary to constitute murder in the first
degree under the first count, that have explained,
excepting deliberation and premeditation has been
fully established and that the defendant perpe-
trat hherv at he inea ri in