The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-05-16
Expectation that the Jury VIII Reach a
Verdict To-Day-The Judges Pre-
sentatiOn of the Law.
Further Trouble Expected with the
Dodge City Desperadoes.
Killing of Three Hard Characters in the
Indian NatiOn-Other Violations
of the Laws.
THE THOMPSON TRIAL.

Two Speeches to Be Made, and the Case
Given to the Jury, To-Day.
HARRoDsBURG, KY, May 15.-Hon. D. W.
Voorhees, concluded his address to the jury
in the Thompson case on behalf of the de-
Tense, at noon. His effort was to show that
Davis had so injured the defendant as to JUS
tify his course.
In the afternoon acknowledgement
Cantrell addressed the jury on behalf of the
prosecution. He was followed on the same
side by Major Jere Morton, and he by Colonel
Theodore c. Bell, for the defense. There
will be two speeches tomorrow, and the case
will go to the jury in the afternoon.
THE COURTS INSTRUCTIONS.
Previous to commencement of argument
the court instructed the jury as follows;
First-If the jury believe from the evil
dence, beyond a reasonable doubt, that the
defendant, Philip B. Thompson, jr, in Mer-
Ger county, KY, before the finding of the in
dictnent, wilfully and with malice afore-
thought shot and killed Walter Davis, not
IN his necessary or apparently necessary self
defense, they should find him guilty Of MUIR
der, and fix his penalty at death or contine-
ment in the penitentiary for life.
Second-If the jury believe from the evl-
dence, beyond reasonable doubt that the
defendant, Philip b. Thompson, jr., in Mer-
Ger county, before the finding of the ndict-
ment, i'll sudden heat and passion, and with
ont previous malice, shot and killed Walter
Davis, not in his necessary or apparently
necessary self-defense, they should find him
guilty of manslaughter, and fix his punish
ment at confinement in the penitentiary for
not less than two nor more than twenty-one
years.
Tbird-If the jury believe beyond reasona-
Bile doubt that the defendant has been proven
to be guilty of the offense set out in instruc-
tion No. l or instruction No. 2, but have a
reasonable doubt of the degree of the offense,
they can only find him guilty of the lower
decree.
Fourth-If the jury believe from the evil
dence beyord reasonable doubt that the
defendant, Philip B. Thompson, jr., shot and
killed Walter Davis; yet, if they further be-
lieve from the evidence that when he so shot
and kill the said Davis he had reasonable
grounds to believe, and did believe, that the
said Davis was then about to iniict upon
him loss of life or great bodily harm, and
that the killing of Davis was necessary, or ap-
parently necessary, to protect himself from
said loss of life or great bodily harm, they
should acquit him.
Fifth-1f the jury believe from the evil
dence that Philip B. Thompson, jr, at the
time he killed Walter Davis (if they believe
from the evidence that he did kill him) was
so mentally insane as not to know that such
act was either legally or morally wrong or
not to have sufficient power of control to
govern his actions, they should acouit him.
Sixth-If there be a reasonable doubt of
the defendants being proven to be guilty he
is entitled to an acquittal.