Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-10-30

~hpprODrl0u9 epltnets were u5eu py sn0 &c
ceased to the defendant, yet If the jur,
further believe from the evidence, beyon'
q reasonable doubt, that the defend
ant Immediately revenged himself b.
the use of q dangerous and dead!
weapon in a manner likely to cause tn
death Of the deceased, and did thereb.
cause his death, then the defendant i
guilty Of murder and the jury should 81
find by this verdict; that threats made By
one person against another do not justify
the person against whom the threats are
made in taking the life Of the person max
ing the threats; that a party charged will
the murder Of another cannot avail him
self OF the claim of necessary self-defenst
IL the necessity for such defense wal
brought on by his own deliberate act; thai
II one person kill another in ~self-defense II
must appear that the danger was 80 urgent
and pressing that in order to save his OWE
life, or to prevent his receiving great
bodily harm, the killing Of the other was
absolutely necessary, and 1t must appear
also that the person killed was the assall.
ant, or that the slayer had really and In good
faith endesvored 10 decline any further
struggle before the mortal blow was given;
that a bare fear Of any of these offenses, TO
prevent which the homicide 10 alleged
to have been committed, shall not be suf-
fcient to justify the killing; that 1t must
appear that the circumstances were sufi-
cient TO excite the fears OF a reasonable per-
son, and that the party killing really acted
under the influence of those fears and not
in a spirit Of revenge; that il the jury be-
lieve from the evidence that the defendant
committed the crime in question In the
manner and form, as charged in the in
dictment, it will be your sworn duty, as
jurors, TO find the defendant guilty, even
though the evidence may satisfy your
minds that the defendant, previous to the
commission of the alleged crime, had sus-
tanned q good reputation and character;
that where the evidence is entirely circum-
stantial, yet is not only consistent with the
guilt Of the defendant but inconsistent
with any other rational conclusion, the
law makes IL the duty Of the jury to con-
not be as satisfactory to their minds as the
direct testimony of credible eye witnesses;
that the defendant has offered himself as q
witness on his own behalf in this trial,
and in considering the weight and effect to
be given his evidence, in addition to MOTTO
ing his name and the probability of his
. Va ~ . tohOA Az = 49,
evidence in the cause, you should con-
slider his relation and the situation under
which he gives his testimony. the conse-
quences to him relating from the result Of
this trial and all the inducements and
temptations which would ordinarily in
fuence a person In his situation; that you
should carefully determine the amount Of
credibility to which his evidence is en-.
titled; if convincing and carrying with
it q belief In its truth, act upon
it; If not, you have q right
to reject il; that o man has q right, both
by the laws Of nature and Of his fellow
men, to kill any person In necessary self
defense. if either bis life or his body, when
the person killed msnifestly intends or
endeavors by violence or surprise to kill
or infict great bodily injury upon the
party killing, and for such killing he can
be guilty OF no crime, if it appears that
the circumstances surrounding the killing
were sufficient to excite the fears of q
reasonable person, and that the party kill
ing really acted under the influence OF
such fears and not In q spirit OF revenge;
that the word "fears" used here does not
mean trepidstion, terror, fright or cow
srdly dread. but q reasonable apprehension
or belief Of such danger; that to consti-
tute any crime there must be q union or
Joint operation Of act and intention or
criminal negligence; hence In this case,
before you can convict Jenkins OF any
crime you must be satisfied beyond o
reasonable doubt that at the time and
place charged, without sufficient justifica-
ton, provocation or excuse, he killed Dean
with q criminal intention so to do, or in q
criminally negligent manner, and not I'M
der a reasonable belief as q reasonable
man that such killing was necessary to
prevent Dean from killing or inficting
great bodily injury upon him, for If you
find that he fred the fatal shot with the
intent only of defending himself from q
reasonably apprehended danger of Dean
killing or infiicting great bodily injury
upon him, he acted in necessary self-de-
Tense; that if the act was not Joined with
any criminal intent or negligence there was
no crime committed, and your verdict
must be not guilty il you 30 find; that
presumptiye evidence is admissible In
criminal prosecutions as we'll rs in civil
cases; the modes of reasoning and draw
ing conclusions from facts are the same;
that when direct evidence cannot be pro.
duced minds will form their judgments on
circumstances and act on the probabilities
Of the case; that as mathematical or
absolute certainty Is very seldom
10 be obtained in human affairs
affairs, reason and public utility require
that Judges and all mankind, in forming
their opinions of the truth OF facts, should
be regulated by the superior number of
probabilities on the one side or the other,
whether the amount Of these probabilities
be expressed in words or arguments. or by
figures or numbers; that the wisdom and
charity OF the law provides that if a jury
entertain a reasonable doubt of q defend
ants guilt. such defendant is entitled to be
acquitted; that as l conclude I admon-
ish you to calmly consider the evidence be-
fore you; that the interest Of the commu-
nifty and of the defendant demands your
best efforts truly to decide from the evil
donco; that the amount of evidence to be
given to the different witnesses is entirely
with you; that you have a right to look at
their surroundings. their bearing on the
stand, and have a right to reject such parts
OF the testimony of any of them as ia con.
tradicted by other witnesses or other cir
cumstances showing that they are not re-
liable.
Up until the hour of our going to press
(11:45 P. NJ 40 verdict had been rendered
Lapanta Ore.