Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1883-09-27
THE JUDGE CASE.
Judge Clementscn's Charge to the Jury in Fall
The Case fmpartially Reviewed.
CHARGE OF THE COURT.


one Samuel Gadlin.
The killing of human being without
the authority of law, by poison, shoot
ing stabbing, or any other means, or
IN any other manner, is either murder,
y manslaugluer, or excusable or pestili-
able homicide, according to the facts
and circumstances of each case
Such killing. when perpetrated from
premeditated design to effect the death
OF the person killed, or of any human
Being. is murder in the first degree.
Such killing, when perpetrated by an
act ilnminently dangerous to Others.
and evineing adepraved mind, legard-
less of human life, without any pre-
meditated design to effect the death of
the person killed, or of any human
being is murder in the second de-
gree.
i Any person who kills another. in the
heat OF passion, without design to
effect death, by dangerous weapon.
IN any case, except where such killing
is Justifiable or excusable, is guilty of
mansiaughter in the third degree.
| These and the clause of the statutes
to which | have called your attention
at the request of the defendants attor-
neys, are only provisions of our stat
utes concerns the different grades of
homicide that l consider necessary for
you to consider.
The killing of a human being, bv the
act, procurement or omission of another
is either murder or manslaughter. ex-
cept where it is justifiable or excusable
homicide.
Homicide is iustifable, when COM
mltted by public officers and those act
ing by their command in their aid and
assistance, either in obedience to any
judgment OF a competent court, or when
necessarily committed in overcoming
actual resistance to the execution of
some legal process, or to the discharge
OF any other legal duty, or when neces-
sarily committed in retaking felons who
have escaped, or when necessarily com
mltted in arresting felons fleeing from
justice; or when committed by any per-
son In either of the following cases:
l. When resisting any attempt to
murder such person, or to commit any
felony upon him, OF upon or in any
dwelling-house in which such person
may be; or
J
defense of such person, or of his or her
husband, wife, parent, child, master.
mistress, or servant, guardian or ward,
when there shall be reasonable ground
to apprehend a design to commit a
ielony, or to do some great personal in
jury, and there shall be reasonable
cause for believing that there is immi-
dent danger of such design being ac-
complshed, or
.. When necessarily committed in
attempting by lawful ways and means
to apprehend any person for any felony
committed, or in lawfully suppressing
any riot, or in lawfully keeping and
preserving the peace
Homicide is excusable, when commit
ed by accident and misfortune, in law.
fully correcting child or servant, or
IN dong any other lawful act by lawful
means, with usual and ordinary eau
tlon, and without any unlawful intent;
or, by accident and misfortune, in the
heat OF passion, upon any sudden and
sufficient provocation, or upon sudden
combat, without any undue advantage
being taken, and without any danger
Gus weapon being used, and not done in
| a cruel or unusual manner.
The killing of human being by
another is neither iustifiable nor excus-
able, unless it take place in some one
OF the ways | have above set forth. The
Jaw does not and will not permit any in
! S'IVIdnal or body ofmen to become their
own avenger; and if they attempt it,
and injuries to person or properly fol-
low, they are criminally responsible for
then conduct If any citizen or body
Of citizens are injured or apgrieved,
the vindlcation of their infracted rights
belongs exclusively to the civil govern
ment; and if they attempt to forestall the
public arm, and undertake to chastjse
those from whom they have suffered
wrong, they are acting as much IN op-
position to public justice as the original
aggressors.
The killing of Samuel Gadlin was not
in either of the ways have enumerated
as justifiable or excusable.
LII the person who shot him, shot him
with the premeditated design to take
his lie, such person is guilty of MUIR
der in the first degree, even if at the
time he was acting under provocation.
and at the heat of passion; for although
the provocation and heat of passion
may be so great as to reduce the unlaw-
full killing of a human being from muir
der to manslaughter, this results only
when the passion and provocation IS
such as to render the SLAYER incapable
Oh ioiming deliberate, premeditated
design to kill No provocation what
ever can render homicide Unsuitable, or
even excusable; the least it can reduce
it to is manslaughter
| Ii the person who shot Gadlin. shot
him in the heat of passion, without n
design to effect death, such person is
guilty of manslaugter in the third de-
gree.
Ii two or more persons conspire to
shoot another, and in the prosecution
OF that common design one of them
does shoot him. the others being present
couutenancing the act, all are equally
guilty of the homicide.
1t there be no common design upon
the part of several to shoot another or
to do him bodily harm, and one, of his
own design, or of his own impulse, does
shoot him, the Others present not aid
ing or countenancing the act, he only
Is guilty, who does the shooting.
IL the evidence convinces YOU beyond
a reasonable doubt that the defendants.
or some of them conspired and com
bined together to shoot Cabin or to do
him great bodily harm, and that pur-
suant to such common design. one of
those who were so combined together
shot and killed Gadlin, the Others en-
gagged in the conspiracy being present.
aiding and countenancing the one who
shot. you will be warranted in findino
a verdict of guilty against all who were
present and who the evidence may
show you beyond reasonable doubt
were combined in such common design.
II two or more did not combine to-
shoot Cabin or to do him great bodily
harm, but he was shot by one who shot
him OF his OWE Individual design or i'm
pulse. he only who shot can be held
guilty of the homicide, and in order TO
find such an one guilty the evidence
must convince you beyond a reasonable
/ doubt that he was the one who shot
/ Gadln.
/ A person accused of crime is entitled
to have the evidence against him closely
and carefully considered, and can only
be lawfully convicted when. after sucb
scrutiny, the jury can say upon their
oaths that the evidence leaves in their
J minds no reasonable doubt of the onilt
of the accused
If You find the defendants neither If
them guilty you viii specify the grade