Daily Republican., 1885-12-02

sccusoo VI cspitAi onenee, those who I
give II have but said after all by their |
verdict VI guilty that the charge has |
been proved. The community where |
the law exists have provided the pun
ishnent for crimes NO jury fixes It.
the honest rendition Of 1t In
Murder II In brief the killing Of one
person by another. with malice afors-
thought, or preconcsrted. The term
malice does not mean simple revenge.
fulness, or hatred, but deprayed state
OF the Observation-Disclosures
This deprAvity may not be charac-
terisiic OF the slayer, who may In fact
bs IN general man Of good and not q
bad heart but II act or conduct of his,
70 the injury OF another, 10 u wicked
act, or act denotipg depravity 1T the
time, IL Ia malicious act In law. Ifs
man should recklessly Ore of gun In Q
Gro wded place, and some one, though
perfect stranger to him should be killed
thereby the act would be- wicked act
In fact and law, and therefore mall.
cious.
When tho person who Stays another
does II deliberately, that In with o de-.
sign To kill him aud without the exis-
tenoe OF any circumstances which In
law ars justification or excuse, be IL
guilty OF murder Of the hrst degree he
10 said TO have acted with express mall
Ice. Where ono lies In wait for another
and kills him where there 10 grudge
on his part toward his victim; where
he deliberately prepares poison fer him
which kills him or where In attacking
hun, be deliberately selects deadly
weapon; all these things are the evil
demos OF malice, and are said to be OK.
rs as.A a.
have been uttered by the prisoner
against him when he slew him.
Every grade OF homicide which does
not descend to thnt Granddaughter, is
murder. That which has charaeteris-
tics such ~ some havo pointed out,
Is murder OF the first degree. But there
are many malicious homicides which
are not murder of the first degree such
are murder Of the second degree. This
offsnse differs from the other In two
respects-lst, IL Is now punished differ
entity: 2nd there 10 no expressed malice
but malice Ia implied In law
One OF the lnstanoes CT this crime II
where man recklsssly shoots Into .
crowd or rides or drives furiously into
IL, 30 that some person ~ killed; another
Is where person Is guilty ofa deliber-
ate cruel act liable to produce death but
without actual design TO take life, and
death follows; appetizer In where one ID
engaged In committing or attempting TO
| commit any felonious act whAtev or, and
| some one Is killed by IL.
| An example of the latter is where one
shooting at poultry with intent 70 steal
II m!ssss his aim AID kills . human
| being; here he is guilty OF murder In
the seoord degree, because the larceny
OF the poultry would be felony. Man
slau shter IL where, according to the
general acceptance of the term. one
kilis another upon sudden provocAtton
Ia the heat Of blood This Is not called
- malicious homicide, because OF the
hsat of blood which negatives the
idea of reconciliation, or general
idepravlty of heart bnt 1t Ia by law
Ifeloniogs, because neither justifable "
Iexcusable. A familiar example OF this
lofionse Is where two men suddenly fai
Tout aud fght, and one in q transport o.
passion kills the other. The law hav
Ing regard TO the iDfirmities OF mems
tenn pers, adjud Ees the crime tobe man
isloughter only. 30 where provocatiopi
lof II grievous kind 10 given BY one maf
10 another, calculated to arouse him
tand which does thus excite him u
pad ness, dethroning for the momaa
his reason, 80 that he is incapable o
conIroilina hts passions. or governing
hiro self; killing by the person offende,
under such circumstances is man
slaughter.
But 1t Ia not every provocation tina
will reduce homicide from n urder T.
! lnsrslAughter. IL IL \ serious provo
cation urquestiorahly, 10 be publicl.
ahused by false, ofiepuive epithets o
, charges, or be- Btigmatized rs haviu
been guilty of n degrading crime; blu
i, 1.-The law will not allow the abused .
istrike the other::wlth his fist even for n
> mere words will Justify IN assault, NO
|, will q threat, unless accompanied o.
y Ievidence of u present purpose TO carr
:, IL int. execution, and however great
enormous the provocation may be,
y there be time for the passion TO cool ap
reason to resume her sway, the act
tkllling will be murder, and OF the hr'
!, d saree, because done under the tnfiuent
~ lof spirit OF revenge, which is AWAY
- texpreas malice. :,
A common example OF justificab
homicide IL where the law requires OF
Imam that be take the life Of another
70 of b sheriff, that he hang condemne
.Iprlsoner. :,
Ell Excusable homicide Is other tn d
IL fense OF one's own person, or that
" some member OF hia family, or
CT defence OF his possession OF real estat
Where 1t Ia In defense OF one's ow
10. self, IL must appear that the slayer BIS
en- no other means Of protecting bis o"
III life. The law 10 very tender OF huns
~ life, anl will not allow person Q
70 saulted to slay his adversary, until
d. shall have resorted to all other meal
at hand to protect himself.
le And the protection must be 10
l. life or against some enormous bodi
=, harm, thus threatening him-somethlI
which, IL not everted wi
" either kill IN, or wound him seriou
er LIZ. Unless this state Of things exis
9, the killing would bs murder.
Do Too slayer must bein actual preee
ne dan ger OF life or limb; Il 10 notsufhcis
OF that he insist upon ais trial that he "
70 so according to his belief no must M
Id been 30 in fact, In the judgment OF '
ch Ijury, upon considering the proof OF =
OF lsurronnding facts.
Il. Tho doctrine that every man Is
or form his own Judgment OF when
OF life is In danger, 10 not . sound one,
lit would substitute the slayers Juo
TO ment In every case for that OF the 1uI.
at but the true doctrine Is, that no sn 81.
of submit HIS conduct to the test apph
on TO head off all other reasonable III
In placed under similar circumstance.
'us The facts must exist which sn'
,de that the slayer had no other way
II protect his life than By taking tnas
Ct another, or he must DO held gully
aes crime. 1900
ly.l With regard to homicide claimed
,-uha a-n,.,d ~, ~. 0round nj protocti