The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1883-12-06

the district court all of last week and up to
last night, has terminated. The Jury re-
turned verdict of mot guilty" The
closinr arguments of both Colonel W. l..
Crawford for the defense and Major j. q.
Kearby for the prosecution were able, COM
prehensiye and logical. The case had ex-
cited more than ordinary interest, ana q
large crowd was in attendance on the close
Of the trial.
THE CHARGE.
The following Is the text of the charge OF
the court:
No. oOs9.-The State of Texas VS.. A. Freeman
GENTLEMEN OF THE JURY-You are In
structed as follows: , ~,
The defendant is on trial charged with |
the murder of K. A. Chambers.
Murder is thus deflned Every person
with a sound memory and discretion who |
shall unlawtully kill any reasonable crea-
nre in being within this state, with malice |
aforet bought either express or implied,
shall be deemed guilty of murder. Murder
is distinguishable from every other species
of homicide by the absence OF circumstances
which reduce the otfense TO negligent homi-
eide OK manslaughter, or which excuse or
Justify the homicide.
All murder committed by poison, starv-
ing, torture or with express malice, or COM
mitted in the preparation or IN the at
lempt at the perpetration OF erson, rSpe, |
! robhery or burglary, ia murder in the tlrst |
degree and all murder not OF the flr5t de- !
rec is murder of the second degree.
Malice means settled purpose TO serlonS- !
Nv ipiure or destroy another.
Malice aforethought means malice pre-
viously and deliberately entertained.
Express malice is where one with q
1 II. 1 ,.a,ta V.,sVr Il n Il
! design kills another, which formed design
| ia evidenced by external circumstances dls-
coyeriug that inward intention, such as ly-
! inc in wait, Gntecedent menaces, former
rr1does and concerted schemes to do him
Some serious bodily injury.
Implied malice is malice winch me Jaw
presumes from the facts and circumstance
| which surround killing,
Where o killing occurs without any cause
which will in law justify. excuse or extenu-
ate the homicide, and not nnuer the III
mediate influence Of sudden passion arising
from an adequate cause, where me means
used 10 produce death were such as Wouio
ordinarily and naturally orlpg ao0uC IhaI
result. and where the facts attending he
killing evince the ordinary symptoms OF a
wicked, depraved and malignant spirit, OF
! heart. regardless of social duty and fatally
bent on mischief, to such killing the law
minutes malice, and this is what Is termed
"implied malice" m ,,,
All murder committed with express
malice is murder of the first degree and all
murder committed with implied malice Is
the murder of the second degree.
Msnslaughter is voluntary homicide
. committed under the immediate influence
of sudden passion arising from an adequate
, cause, but neither justified or excused by
law. :,;,,o
: IinHi1ence of sudden passion" is meant:
9 First-That the PROPAGATION must
s arise ct the time of the commission OF the
e offeuse, and that the passion is not the re-
suit of a former provocation.
Second The act must be directly caused
s bv the passion arising out of the proyoca'
u lion IL ia not enough that the mind is
& merely agitated by passion arising from
s some other provocation, or proyocatloh
8 given by some person other than the parry
5 killed.
Q the emotion of the mind, kno"n as anger
e rage, sudden resentment, or terror, reHoer,
ing IL incapable of cool reflection. :, :
By the expression "adeqnate cause is
meant such as would commonly produce =
y degree OF anger, rage, resentment OF teLlol
:. in q person of ordinary temper sutnciehI u
u render the mind incapable OF cool rensc
's ton. So, oJoorot,
al cause: Adultery of the person killed WITT
Ls line wife of the person guilty OF the homi
40 cide nroyided the killing occur as soon n
the TACT OF an Illicit connection IS dlscoyereu
e The Jury are at liberty 10 determine II
le every case whether, under all the Cucutn
e stances, the adultery was Tue feai Gauss
p which provoked the killing.
Is In order to reduce voluntary homlclu
n TO The grade OF manslaughter II is necesssr!
lie not only that adequate cause exhleu u
>. nrnduce the state OF mind referred 70 above
A nut also that such state of mind did actu
W allv exist at the time Of the commission 0
y the otfense. -. ~ o,,do,o
n beyond reasonable doubt that the oeiehu
re ant at any time prior 10 the ioyh usy
az uecember A, ID, 1882, IN Dallas county
Texae did kill r. A Chamber in the mat
ner aud by the means charged Ia ihe u
dictment herein, and thai defendant :
Gu kilIedssaid Chambers with express malice
n nd tSat suoh killing constituted murde
10 in the first degree, then you. WI
1g find him guilty of murder oil I'd
pc first degree and asses his puI
II. punishment at death or confinement in th
Vi state penitenuary for lie.
lfyou arc satisied from the evidence O'
ed yopd a reasonable doubt that the deien'
hs ant at any time prior TO the lo'h usy
20 December, A. D. 1882, in Dallas conntl
H. Texas. did kill X. A, Cham Der IN tine MAJ
ner and by the means charged IN the II
d,ctment, and that he killed him upon III
nlied malice and that said killing consI
tuted murder in the second oegree-the
Or ven will find defendant guilty oil murder
N. inc SECOND degree aud assess bis punisl
=. ment at confinement in the state penitel
y tisrv for a term of not less than nYe year
NIL Ityou find the defendant guilty OF mu
90 der under the above Instructions, then
"a, won have a reasonable doubt as TO Wheth
- he is guilty Of marder OF the hrst degree
. - tu aEn0NH npWrnn-
AZ sconit him Of murder Of the first degr
az and convict him OF murder OF the secoi
rg. degree. ,-e, r., Il
~ evidence beyond reasonable doubt u
~ the delendent at aBy time within tbr
or. years next be'or the ISL cay OF D STi
y. her AID. 1882, In Dallas county Tex
~, Aid Kill z A. Cham bers, a. charged, ~
"a N N Won are so satisfied DeyOHd a reasunat
VI do,,bt that defendant killed said Chamb'
,. un,er the immediate influence OF sudd
~ Dassion arising froRi al adequate eau
~, ~. then Won will find bin guilty Of mauslaDs
- ter and assess his punishment a. CONN
&c r,ant in the state peuitentisry for term
not less than two nor more THAI !
ifvou find that the defendant Old XII
val. A Chsu,bers, and that said killing c1u
and tinted murder or m.nlauEhtsr, then u y
Al have e reasonable doubt - 20 when 81 \
Offsnees ne - Z uhtt W. WI W =
of murder and convict him OF m -ilsi1u
ter. .-.-s
=. asfense of insanity. Wiz reference ~ !
defense you are Instructed g folio
tne NJ ect done in = state OF insanity can
and nunisbed as an offsnse. Every person
e. bv law presumed 70 be sane until the
use tray is made 70 sppehr-
vel No person can commit crime m
fsct when be does the sllfgeo criminal fct
N is mind is 10 such q condition that Is can
a. terrain acriminsl intent win respect 10
,rcs act being committed. such criminal INT
and involves mental csUacity 20 undfrsisnd