The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1884-10-23

Qua degree, under our statute, IN sub
stance In defined 10 be, "wh0eyer pur-
p0sely and mallciOusly kills another
In guilty Of murder in the
second degree, shall be i'm
pris0ned w the penitentiary dur
Ing life" Y0u viii carefully notice that
III thiH 'econd degree II Ia the pnrpOsely
ana maUciously killing another that
constitutes this degree, and Ia without
del Iteration and reconciliation, and this
II the only difference between the first
ana second degree Of murder. We have
seen that purpose means Intention and
design 20 XIII, ana where the killing Ia
~purpOsely done, Malice may DO in
ferred from the act itself, but where all
The circumstances Of the killing are dis
closed by the evidence In the case there
N no necessity Of reH0rting 10 legal pre-
SYMPTOMS, but the jury having all the
attendant facts ana circumstances he
fore them will from those determine the
question OF purpose aud malice, II Ia
also n presumption Of law that a man
intends The natural consequences Of his
Intentional acta, The instrument used,
the circumstances under which the kill
lug took place, the hour Of night, and
the like, you should look 10, aud from
these, and all tho circumstances aud
proofs IN this case, determine whether
the defendant IL guilty In the first or
second degree, II you And he IL guilty in
either Of these two degrees, aud In your
verdict say which degree,
There IL, In this indictment, charging
the defendant with killing Mrs, Kirk
land, included In IL the crime of man
slaughter, which, under our statute. IL
In substance defined TO be, "WhOeyer
unlawfully kills another, except az pro-
viied for murder In the frat and second
degrees, IL guilty Of manslaughter, and
shall be- imprisoned In the penitentiary
not more than twenty years nor less
than one year"
You will notice that In this last Of
fense IL IL the unlawful killing Of an
other that makes II manslaughter, al.
though you may find In manslaughter
there was intention and purpose to kill,
but must be without malice and with
out %dellberatl0n and reconciliation TO
make the ollense manslaughter.
ought IL say 10 you, gentlemen, that
IN determining this question as 10 the
quit OF this defendant, II you should
mud that no Is guilty, or In reaching
that point, II IL not your duty or your
business 10 consider the penalty that
should follow that verdict, except 80
far ~ to determine those degrees. The
only question that IL submitted to you,
AZ | have stated before, substantially h,
who killed Mrs, Kirkland2 II the do.
PENDANT killed her, II you lnd from the
testimony and under the rules and sug.
gestiOns have given you, that beyond u
reasonable doubt he killed that woman,
your next and only duty IL TO fix the &C.
gree. 80 II you lad that he did II pur-
pOsely, deliberately aud with malice,
The penalty that follows the commission
Of that Oilrnse will not excuse you In
lNdlng that degree. No feeling Of mere
selltimentality, no feeling Of regret
should deter you from determining The
question Of degree. You have a higher
duty TO perform, aud you will not well
discharge that duty II you undertake 10
place yourselves behind the c0nse-
quences. The law takes care Of these,
and your duty IL discharged when pass
Ing upon the proof you have determined
the guilt or innocence Of the defendant,
hhN ~ kullt1i hAllk WV NNklbt'
This " an important case, gentlemen,
II IL important alike to the State, the
people, aud this defendant, le should
not be convicted upon any suspicion.
He should not be convicted upon any
prejudice, although the Olfsnae IL u ter
rlble one, II he did not do II, II should
not DO visited upon him. II IL import.
ant to tho State. IL IL only by the faith
fnl prosecution Of the criminal law, aud
ana the honest discharge Of duties In
that regard by courts aud iur0rs, that
the peace and security Of the State can
BE- maintained. The highest cOnsldera-
ton Of regard for the peaceful citizens
demands No your hands q distinctive act
In the event that you should lnd this
defendant guilty,
But us | have aald from no prejudice
or passion should you ind him guilty,
unless there " full proof satisfying
reasonable men In the honest discharge
OF their duties under their obligations
10 the state, He should not be found
guilty unless these are reasonably clear
before you,
You may take this case, gentlemen,
ana upon retiring appoint one Of your
number foreman, ana having deliberated
fully aud fairly upon the case you will
return to the court with your verdict.
Four yerdicts will DO furnished 10 you
In writing, one Of which will say in
substance the defendant ~ not guilty,
another Will say that you do Ilnd the do.
PENDANT guilty AZ he stands charged In
the Indictment with murder IN the frat
degree; the other verdict will be, I'VE
| DO not llnd the defendant guilty ~ no
stands charged In the indictment with
murder In the frat degree, but we lnd
him guilty Of murder In the second do.
| gree" Tue other verdict will be- that,
APO not llud the defendant guilty Of
murder IN the lrst or second degree,
but we mud the defendant guilty Of man.
slaughter" Let your foreman sign such
Of theso yerdIcts as you agree upon ~
your verdict, and return II into court,