The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1883-01-30


attending :he occurrence.
The unlawful killing must have been
malicious. as we'll as Intentional, t. CON-
s'ilu'e murder.
Malice is an evil intent, and exists
when there is a special maleeoience 10
the individusl slain, or generally
wicked, deprsved and maliguant spirit.
Malice is a different thing from sudden
passion or anger. A cruel and unneces
saTy act done with a cool. deliherafe
mind and formed purpose is malicious
Malice may be implied. even where
the Killing vas sudden, where it was
lone without just ication or reasonable
excuse, and Without any or but slight
and insufficient prosecution.
There is no arbitrary presumption of
law as 30 the existence nf malice. In
ascertsining whether or not there was
nslice IN the acs. you are IN consi'ler
not only The weapon used, hut all the
facts and circumstances attending lis use.
and all the testimony in the case that
nav throw light on that question.
II defendant acted without malics, he
is not guilty Of murder, even though he
NAV have intendei to kill. II either
malice or an intention to kiIl was want
ing. his crime, il he killed deceased un-
lawfully, ia, msnsaughter
Mansaughter r'ay be voluntary or
involuntary, voluntary when the slayer
intentionally kills in hot blood upon
sufficient provncation, or upon sudden
quarrel; or, Involuntary, when he kills
unintentionallv in the commission OF
some unlawful act.
Ia consideration Of the frailty OF hu-
man nature, the law does not put upon
the same ground the act done in sud-
den quarrel, or in hot blood, upon what
is held to he sufficient provocation, with
the malicious act.
If deee Used and defen iant qrarrellel, |,
and il the blooA was suddenly heated
and the passions aroused by insulting
words and an assault or by an assaul,
alone and If defendan, before his sud-
den passion had time 10 suhside. and
his blood time to cool, used the knife,
which was a. hand, he is not chargeable
with malice.
You will hear in mind also what !
have before stated on the subject OF
manslaughter. II You find defendant
guilty In all other respects, his crime is
only manslau ghter, il he acted without
malice, or If at The time he ind clei the
| ho Cd -, kha in,
tenton to take life; nr, if be. in good
faith hat from culpahle negligence in
the use OF his senses believed he was in
imminett danger OF loss Of life or o'
great bodily harm, hut had no reason
able grounl for such bellef. II ne aciet'
really under such belief he is not charg
able with malice
A son may defend the father and q
blow to the father is calculated 10 arouse
; anger and passion in the son as much
even more than blow 30 himself, and
, would be as erea, provocation.
II defendant, was himself assaulted OIL
il his father was struck by Z-ssiger ir
the presence OF defendant, and il undel
The infaehce of the su iden anger o,
passion aroused by either the blow ol
the assault, or both OF them, defendan
struck the blow with the knife, his crime
il he was guilty in all other respects
would not he murder, but would b
maaslaughtsr. The evidence shows
D that the occurrence which ended. as al
legged, in the wunnd tn Jacob Zessiger
commenced, st o room IN o tavern o
saloon, by what was supposed at th
time to he soma rough plav, betweer
. John Z>nker, father of defendant, an,
Jacob Ztssiger, and that 4 ssiger theI
by a blow OF his fist on,he face knocked
o the old man down. and that upon de
fendant complaining or remonstratin;
+ to Zessiger about the blow to the father
n Z.ssiger Immediately seized the iro
n poker, and with violent ami abusive Ian
!. guage Threatened defendant. Now
without remark as to what beside thi
n was then done, If Jacob Ze-siger di
y these acts, he thereby committed an as
sault upon defendant whatever else b
may have done or may have designe
or attempted to do, you will decide froi
" the testimony.
IS In all criminal cases the accused
u presumed to he Innocent, and this pr'
% sumption OF law continues for hie prt
i lection until the proof remove a
u reasonable doubt OF guilt. You cann'
~ convict OF q crime unless each and s
% the elements of the crime are prove
beyond a reasonable doubt.
As II you have reasonable doubt as
10 the higher crime you will consider Il
D lower degree, and, if you have reaso
able doubt as to that, ynu WILL al qu
o 1t ia not any anil every doubt that is
y reasonable one. A reasonable doubt
e one that fairly arises 10 the case after
is careful, intelligent and coGscientio
es consideration of the testimony. II
q. fendant has not been proved guilty
ne the homicide or, II you find he acted
'h self defence, or defence of bis fath'
" your verdict will be not guilty. II "
al find him guilty, you will specify in 20
10 of murder IN the second degree as char
OF ed in he lndictmt or guilty OF ms
''e slaughter.
~ The Jury returned into Court at
!, O'Clock. s~
or Clerk. rk.-Geailemen, have you agre
N, upon verdict2
he Foreman We bavc.
ae Deputy Clerk OKEr then read the "
a. dict which was, that the defendant W
ss Not Guilty as he staod charged in I
tn indictment
a Immediately upon the reading OF t
a. verdict ZoNK2R's LAWYERS and othe
to
N surrounded and congratulated him. al
he the Court, upon motion OF A. j. PEA
- SON, Esq, ordered tha, be be releas
ar from his rccogniz,nce and discharged.
rs
or The Pendleton Bill COmmendiu
oo Itself to Public Favor.
nd WASHINGTON, Jan. 23-rhe cri!icisr
that have been made upon Senator Pc
ip deton's civil service reform bill ha
IL rnmn irum those who know pofhiDu