Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1885-11-13

| cft0&, VI 70 MAKE lin o3f Gcflty UL "
your duty IL 20 give him the beneft Of
the doubt and soqais him Of the crime
To warrant q conviction, he mu=t b
proved guilty by the evidences, 90 eisari,
aHd coreissively that there 10 no rea
sensible theory upon which be can b
Innocent when ali the evideAce 10 COO
sidefed together.
Whesher doubt IL reasonable or MOI
In never an absolute, bot always a reia
tive question. II can only be answered
BY references to the Circumstances anc
the issues 10 which il 10 related. whal
would not be a reasonable doubt in q
matter Of slight consequence and ia ons
| sltnst,oa, would be q reasonable one II
another posture Of affairs and IN 9 mat
ter more mons nto1s. A sensible ano
n1saue man will proceed more eau,
tioosly when life or death turns on the
| steps he takes than II the only resul II
involved 10 the payment Of some small
| nne. A Reasonable ubt, for q trial
Juror. 10 soeh q doubt 40 q man of or
binary prudence. sensibility and deci
sion, IN determining an issue If such
| concern to himself a. that before tue
iary Ia to the defendant, would allow to
have any influence whatever upon him
or make him pause or hesitate in arriv
iRR At his determination
Marder in the fret degree Is the crime
of which the defendant IN accused by
the indictment. That crime includes
within itself tRo lesser grades Of Grim
inal homicide, namely: murder in the
second degree and mansisughter. II
will be your duty TO say from the evil
denes whesher the defendant 10 guilty
Of any. and. IL any. then Of which of
toese three grades Of crime. In order
that you may perform this duty intelli
gently, | shall define them each. and
follow the definitions by such additional
principles of Law as are likely 10 assist
you.
Under our statute there are several
kinds Of murder in the first degree. The
kind for which the defendant is indicted
and on trial is committed whenever a
person purposely and Of deliberate and
premeditated malice kills another. Muir
der 10 the second degree is the killing of
one psrson by another. purposeiy and
mslIelously, but without deiiberation
aud reconciliation. Manslaughter is
she unlawful killing of one human being
by another, without malice express or
implied, and 10 divisible into two spe
cies. namely: first, where the killing Is
done voluntarily upon q Sudden heat
and second, where It is done iuvoIunta-
rily bat in the commission Of some IN
lawful act.
The word "purposely," as used In
defining murder. has exactiy the same
sense as the werd voluntarily" has in
defining manslaughter. Voluntarily"
means willingly; and since be who does
an act willingly must be considered 10
have done 1t purposely, the words "puf-
posely" aud voluntarily" in theae
definitions must be taken as equiva-
Tents. The word "involuntarily," be-
inR the manifest opposite Of volunts-
rily," must therefore be taken to mean
the opposite Of "purposely;" or, 10
other words, to signify without purpose.
This being IN, IL 10 evident that the three
offences of murder in tAe two degrees
and uanslsuetter Of the second Species
stand related TO each other very like
steps in stairway; manslauRhter, of
the second species, being the lowest,
and murder IN the FIRST degree the high
est step IN the series. Murder in the
second degree Is involuntary unlawful
killing, aggravated by the addition OF
purpose and malice; and murder in the
nrst degree Is murder In the second de-
gree, aggravated by the addition Of dc
liberation and premeditatioE.
elaboration is the mental operation
of weighing or balancing motives or
considerations which make for or against
an act or inclination. In other wsrds,
IL 10 tbs mental operation of arriving st
a judgment AZ to whether an act shall
be done, an inclination followed, or a
s. a..
Is simply the thinking upon an act be
fore doing It, or upon an inclination
before yielding to il. No killing Is
murder in the frat degree unless the
malice characterizing 1t is deliberate
and preseditated. IL there IL any de
liberation and generalization, however,
even to q very limited extent or for the
shortest period of time. 10 is enough 10
liberate and premedItated."
Malice 10 q wilful inclination in
mans heart to do that which be knows
to be wrong for him TO DO. Properly
speaking, there 10 only one kind of
malice; bot from the different ways in
which the existence of malice in pzrtie
ular cases Is ascertained, it 10 spoken Of
~ IL of two kinds, express and mplied.
Express malice is where the fact of
malice IN be definitely gathered from
aud Is clearly proved by the ciroum.
stances of the case. Implied malice is
where, from the voluntary character of
the killing and the absence Of anything
amounting 10 a lawful excase--an excuse
either Of the killing itself or the willing
ness oharaoterizlng 1.-THE law conclu-
sivsly infers malice. Every voluntary
or purposed killing, not ecu able be
cause dsbe by mere accident or mistake,
nor justifable because dose In lawful
defence of ones self. or friends, or hab-
itation or property, or IN obedience TO
duty, IL reg arded IN Law as malicious
ana mufderous, unless the intention TO
kill ia palitated or excused by its having
sprung mp in sudden heat Of passion
growing out Of great provocatiop, and
by lie having been actea upon before
there was reasonable time for the pas
sion to cool. Bat no hest of passion
will be considered as thus palliating an
intention 10 kill. IL the inoensed party
10 himself 10 blame for the prsvocatiou,
or II the provooation be not 30 great as
20 he apparently sufficient to render the
passion irresistible. And in case malice
expressly appears TO have attended the
killing. then notwithstanding tue heat
Of passion the killing will be murder.
these definitiens speak Of unlawful
killing. All killing Of mankind is un-
lawful except such as happens frsm
mere accident or mistake, or is done 10
obedience 10 public duty or In iawfal
defence Of person, habitatiou or prop.
erty. Every unlawful Killing of Q hu
man being, as you will see from the
de finitions I have given. is either man
slaughter or one OF the two degrees Of
murder.
The doctrine Of lawful defence is per
tinent TO this trial, as 10 seems TO me.
only in case the person or persons Who
did the killing did not do it in prose-
cutiou of n certain supposed unlawful
purpose Of intimidation, Of which
shall again spcak. But. 50 far a. 10 10
pertinent. 10 10 a. pertinent In consider
ing the supposed acts of the Chinese a.
in considering those Of others. The
Law IL, that IL q person, or his family,
or friends are asssiicd of approached in
such q way and under such cifoum-
stances AZ 20 induce in him q reasonable
belief that he or they are in imminent
danger OF unlavfuiiy losins life OF suf-
ferins great bodily harm, OF bsin1 driven
from his dwelling. or that bis dwelling
IL IN imminent danger of being ualsv-
fuiiv entered or DESTROYED. or seriously