The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1885-05-02
WITHIN ONE OF HANGING.
ELEVEN JURORS FAVORED HEMP
But They Wore Won Over to Life SEN
senoe for Jim Hunnicutt-Fuil
Charge of the Ceurt -
Now Trial Efforts.


with the murder Of r. T.. Humphreys,at
the Stock Yard saloon, in East Dallas,
committed about IL o'clock at night, ON
she 18th of June, 1884, was made ESTER
day morning i'm the district court by
County Attorney Clint, for the prosecu-
ton, who made an able and exhaustive
argument. Capt. J. M. Mccoy, for the
prosecution, and Mr.. r. B. Seay for the
defense, who preceded him, both made
forcible arguments. When Mr.. Seay clos
Oh Thursday night it was conceded by
those who heard him that he had made
the strongest argument and appeal pos
sible in behalf of his client. Mr.. Clint
was attentively listened to throughout
his speech, which he closed at 1890,
when the case went to the jury. Judge
George n. Aldredge delivered the fol-
lowing able, comprehensive and liberal
charge TO the jury.
THE COURTS CHARGE:
No. 707-The state Of Texas VS.. James
Hnnncutt.
GENTLEMEN or THE JURY:-YOu are
instructed as follows:
The defendant is on trial ohaged with
the 0ff9nsa Of murder. Murder 10 thus
defined; Every person with sound
memory ana discretion who shall un-
being within this state, with malice
af0rothought either express or i'm
piled, shah be deemed guilty of murder.
Murder is dinguishablo from every
other species Of homicide by the alb
sonco OF the circumstances which ro-
duce The oilense TO negligent homicide
or manslaughter or which excuse or
Justify the homicide.
AL murder committed by poison,
starving, torture or with express NAL
ice, orcommitted IN the preparation or
In tho attempt vt the preparation OF
arson, rape, robbery or burglary, is
murder in tho first degree, and sll MUIR
der moi OF tho first degree Is murder of
tho second degree.
Malice means settled purpose 10 Sc
riously lnjure or destroy another.
Malice alorethOught means malios
previously and deliberately entertained.
Express malice Ia whore one with a
cool, sedate and deliberate mind, aud
formed design, Kills another, which
formed design is evidenced by external
circumstances, discovering that inward
Intention such as lying in wait, ante
cedent rnenaces, former grudgoH and
concerted schemes 10 do him some SO
rious bodily injury.
Implied malice Ia malice which the
law presumeS from tho circumstances
Surrounding killing.
Where killing occurs without any
cause, which will in law Justify, excuse
or eXtenuate tho homicide, and not un-
der the immediate influence of sudden
passion, arising from an adequate cause,
and where tho means used TO produces
death are such as would naturally pro-
duce that result, and where the oiraum-
stances, attending the killing ,evlnce the
ordinary symptoms OF wicked, dc.
PRAYED spirit, regardless of human life,
and fatally bent on mischief; to such 4
killing tho law imputes malice, and
this, in law, il termed "implied mall
ice.D
Murder committed with express nal
ice In mHrder OF the first decree, and
murder committed upon implied malice
is murder OF the second degree.MH go
Msnslaughter Is voluntary homicide
committed under the immediate inhu-
once OF sudden passion, arising from an
adequate cause, but neither jusi or
excused by law.
By the expression "under the imme-
dlate influence OF sudden PASSION" Is
meant,
First-That the provocation must
arise ~ the time OF the commission Of
the ofienso, and that tho passion IL not
the result OF q former provocatiOn.
Second-The act must be directly
caused by the passion arising out OF the
provocation. 1t l. not enough that the
mind is merely agitated by passion aria-
ing from some other provocatlon, or a
provocation given by some person other
than the party killed.
Third-rhe passion intended Is either
OF the emotions OF the mind, known AS
anger, rage, sudden resentment, or tor
ror, rendering 1t Incompatible ofcool ro-
Election.
BY the expression "adequate causor 10
meant such as would commonly pro-
duce degree ofanger, rage, resentment
or terror Ia person OF ordinary temper
sufficient 70 render the mind incapable
OF cool reflection.
Insulting words or gestures, or an as
sault and battery, so slight as to
show no intention TO inflict pain or in
jury, or an injury 10 property, unac-
comphnied by violence, are not ade-
quato causes.
Tho following are deemed adequate
causes:
Tristan assault sud battery by the
deceased, causing pain or blOodshed.
Seconl-A serious personal conflict
N which great Injury Is inflicted by the
person killed, by means ofweapOns, or
other Instruments OF violence, or by
meaua OF great superiority OF personal
strength, although the person guilty OF
the homicide was the aggressor, pro-
with Intent 10 bring on a conflict and
FOR the purpose OF Killing.
Homicide Is permitted In necessary
defense OF the person, uRder the cir
cumstauces and subject TO the rules
herein set forth. Homicide is permit
tod by law whom inflicted for the pur.
pose Of preventing the ofiense Of muir
der whether the homicide be commit
ted by tho party about to be injured or
by some person In his behalf, when the
killing takes place under the following
circumstances.
First Il must reasonably appear by
tho acts or by words, COUP.
led With tho acts Of the
person killed, that 1t was tho purpose
and Intent OF suoh person 70 commit the
oilense above named.
Second-Tho killing must take place
while the person killed was in the act OF
committing tho said offense, or after
some act dono by him, showing eVi
IDENTITY an intent 10 commit such ofianss
Third--lt must take place before the
onenso committed by the party killed /,
actually completed.
When the homicide takes place 10 pre-
won't murder, II the weapons or mean,
used by the party attempting or com
hitting such murder are suchas woulC
have been calculated 10 produce that re-
suit, IL is TO DO presumed that the per
son 50 using them designed to inhic
che injury.
Homicide Is justihsbls, also, In the
protection OF the person against any
other unlawful aud violent attack be
sides that above mentioned, and In sucl
case all other means must be resortec
% for the prevention Of the injury, ana
The killing must take place while the
person killed IL In the very act OF max
Ing such unlawful and violent attack.
Tho party whose person II 80 unlaw
fully attacked Il not bound 20 retreat i'm
order TO avoid tho necessity OF killing
HIS assailant.
dividuAl, In order to Justify homicide
unuat hp etioh "A prottofd A rnngonabi,