Democratic Northwest. [volume] (Napoleon, Ohio) 1869-1894, 1884-02-14
TRIAL OF WESLEY JOHNSON.
lo@anuedf from Tis, Psse.l
CHARGE OF THE COURT.

GENTLEMEN OF THE JURY:-The de-
fendant, Wesley johnson, Is charged in
the indictment with the crime of mur-
der in the first degree. Stripped Of its
formal portions, IL charges that Wesley
johnson, on the 23d day OF October,
1888, i'm the county Of Henry, State OF
Ohio, purposely and Of deliberate and
premeditated malice, killed and mur-
dered Isabella &. Williams. The stat
ute under which this Indictment is
found, so far as applicable 70 this case,
provides that whoever purposely and OF
deliberate and premeditated malice
kills another, is guilty of murder In the
first degree, and shall suffer death. Un-
der this indictment the defendant may
be found guilty Of murder in the first
degree, or murder In the second degree.
or manslaughter, or Of an assault and
battery, or of an assault, or he may be
wholly acquitted, as the evidence and
the law will warrant.
Murder in the second degree and
manslaughter are each q lesser degree of
homicide than murder in the first de-
gree, and are included In the indict-
ment. An assault and battery and an
assault are also included in the indict-
ment. To this indictment the defend
ant has entered his plea of not guilty,
and by such plea has denied the truth
of such material allegation therein con-
tanned. The State affirms each mater
ial allegation in the Indictment to be
true. This affirmation on the part of
the State, and denial on the part of the
defendant. makes up the issue to be de-
termined by you.
In order to find the defendant guilty
of murder in the first degree, the testi-
mOny must satisfy you beyond a reas-
enable doubt that all the material alle-
cations in the Indictment are true: 1st,
that the defendant killed Isabella f.
Williams in Henry county, Ohio, about
the time alleged in the Indictment, and
substantially in the manner charged.
2. That the killing was done purpose
ly. 3. That it was done maliciOusly.
4. That it was done with deliberation.
5. That it was done with premedita-
ton.
Is Isabella Williams dead? Did she
come to her death by violence? Was
she killed substantially in the manner
and by the means charged in the indict-
ment, and about the time therein al
legged? These are mere questions of fact
for you to pass upon from the testimo-
ny.
You are next to inquire if the defend
ant Wesley johnson did the act
charged. Is he the person who killed
Isabella E. Williams?
To constitute murder in the first de-
gree the slayer must kill another pur-
posely. He must intend at the time he
does the act that causes the death ofan-
other, by such act to cause the death of
the other. If by such act he intends to
cause any result other than death, he
will not be guilty of murder in the first
degree.
fiat the time the defendant killed
Isabella E. Williams, if you find he did
so, he intended to cause her death, and
by that act did cause her death, he is
guilty of murder in the first degree,
provided you also find he did it of de-
liberate and premeditated malice. Pur-
pose or intent to do an act is an opera.
tion of the mind. No operson can look
into the mind of another to tell his
thoughts, intentions or purposes. The
intent with which a person does an act
can generally be best ascertained by
showing his manner of doing it; the
means or instruments he employs to do
it; the circumstances surrounding him
at the time and his declarations, made
before, at the time, and after he has
done the act, of his intent or purpose.
to ascertain the intent with
which the defendant killed Isabella E.
if you so find you must care
FULLY consider the testimony showing
The manner of the killing, the kind of
weapon used, the part of the body upon
which the wound was inflicted.
A person is presumed to intend the
natural and probable consequences of
MS own act. If he does an act which
and probably will not cause
leath, the presumption is that at the
lime he does it he does not intend to
cause death; but if he does an act which
and probably will cause death
he presumption is that he does intend
o cause the death of the other at the
ime he does the act. To illustrate this:
# man should strike another with his
list, the presumption is that he does not
intend to cause the death of the person
truck, even if death ensue, because a
,low with the fist does not naturally
md usually cause death. But if man
trike another violent blow ON the
lead with the sharp blade of an AK, and
leath ensues, the presumption is that
le intends by such act to cause death,
because such blow. with such an in
trument, inflicted upon such part of
he body, naturally and usually causes
leath. Therefore to determine the in
ent of the defendant at the time of the
,illing of Isabella E. Williams if you
ind that the defendant did kill her, it
will be proper for you to look at the
lind of weapon used, how it was used,
lpon what portion Of the body the
were inflicted and if wound
II wounds inflicted upon such part
# the body by such weapon natur-
lily and usually causes death, you will
,e justified in finding that the defend
mt at the time he inflicted such wound
II wounds intended to cause the death
# Isabella E. Williams, unless there is
ther testimony that overthrows that
70 constitute murder in the first de-
rec, the slayer must not only kill an
ther purposely, but must also do it of
deliberate and premeditated malice.
The word malice" in legal sense,
Ienotes wrongful act done by one per-
on to the injury of another
without just cause
# excuse. 1t is the dictate of
wicked, depraved and malig-
lant mind. 1t Is evidenced by any act
hat springs from wicked motive. An
ct that is done wrongfully and inten-
hY one person to the injury of