Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-10-30
THE DEAN HOMICIDE.
PARTICULARS OF THE FOURTH
DAY OF THE TRIAL.

The Attendance UnusualIy Larg'
An Able Argument Extract
from Judge Rives' Charge to TN
Jury-The Case Now tn In Hand
Of the Latter.
Owing to a temporary illness on the par
Of Judge Rives the District Court did no
convene yesterday until 1 O'Clock P. M
The courtroom was then crowded-almos
packed. The attendance Of ladies was ever
greater than on the evening previous, ant
among them were Mrs. Dean and her sis
ter, Mrs. Mills. After the roll-call Of tn
jurors impaneled on the case, Messrs
Pardy and Bartlett, members of the Grand
Jury, were recalled, when they modified
the testimony given by them on the pre-
vious evening concerning as to how Jen'
kins stated before that body he had fired
tie several shots at Dean. The modiica
tions conformed somewhat TO the state
ments made by Jenkins in court. Messrs,
| Perry and Stevens, also Grand Jurymen,
were called and the testimony OF the for
mer was likewise in conformity, al
least to an extent, to Jenkins state
ments in court. Argument was then
commenced by District Attorney Cheney,
who, after citing authorities on the
weight of oircumstantial evidence,
delivered an able and logical opening adj
dress. He was followed by r. M. Beatty.
Esq, who made q very able defense; in
fact, by many 1t was considered the best
effort OF the kind ever made before the
Eureka bar. He a~ntagonized little or
hone of the testimony introduced by the
witnesses for the plaintiff, but rather
showed how nearly all OF 1t would har-
monize with the testimony Of the defend
ant and his witnesses; how it was possible
for Dean to receive the wounds he had on
his body while running; why Deans shoes.
though his clothes we're soaked with blood
from below his hips up to his neck, con-
tanned no blood. etc., etc. His address
lasted from about 8 o'clock to half-past 4
P. M, when e recess was taken until 1880
o'clock.
Upon the converting of the court the
room was jammed, there not being stand
ing space on the main floor or in the gal
lery, while inside of the railing an I'M
ubuhIly thTbo uuAAOC Voc cOotoNs OAo
trict Attorney Cheney continued his argu-
ment, aud spoke for about an hour. He
went at the case with considerable vim,
and no doubt exhausted the testimony he
had to draw upon. Considering the fact
that he had no legal assistance during the
trial except Frank X. Murphy. Esq, who
attended TO noting down certain parts OF
the testimony, Mr.. Cheney's prosecution
was highly creditable and produced o
favorable impression on the part OF the
large audience as to his ability in criminal
cases. About half-past 9 o'clock Judge
Rives charged the jury at considerable
length. The following are extracts from
said charge:
Gentlemen of the jury: This is an in
dictment for murder, and under an indict-
ment for murder the defendant may be
convicted of either murder In the first de.
gree, or murder in the second degree, or OF
~manslaughter, if the facts established by
the testimony warrant a conviction; that
murder is an unlawful killing OF q human
being with malice af~orethought; that NAL.
ice may be either expressed or implied;
that malice shall be implied where no con-
siderable provocation appears, or where all
the circumstances of the killing show an
abandoned and malignant heart; that q will
full, deliberate and p~remeditated killing Is
murder in the first degree, and o murder
perpetrated by any of the means OF killing
which is lacking in any OF these ingre-
dients OF wilfullness, elaboration or pre-.
meditation is murder in the second degree;
that while the Law requires, in order to
constitute murder OF the first degree, that
the killing shall be wilful, deliberate and
premeditated, still it does not require that
the wilful intent, generalization or delib-
Grafton shall exist for any length OF time
before the crime is committed; that it is
sufficient, il there was design and deter
mination to kill distinctly formed in the
mind at any moment before or at the time
the fatal shot is fired, and in this case II
the jury believe from the evidence beyond
q reasonable doubt that the defendant fe-
loniously shot and killed the deceased, as
charged in the indictment, and that before
or at the time the shot was fired the de-
PENDANT had formed in his mind q wilful,
deliberate aud premeditated design or pur-
pose to take the life OF the deceased, and
that the shot was fred in the furtherance
of that design or purpose and without any
justifiable cause or legal excuse therefor,
as explained in these instruments, then the
jury should find the defendant guilty Of
murder in the first degree; that under an
indictment for murder q party accused
may be found guilty of manslaughter, and
In this case, il after a careful and dispas-
sionate consideration of all the proof and
circumstances in evidence before you you
have o reasonable doubt as to whether the
defendant is guilty of murder. then you
should consider whether he is guilty of
manslaughter, and il from a full and care
full consideration of all the evidence before
you you believe beyond a reasonable doubt
that the defendants is guilty of man
slaughter, il is your duty to so ind by
your verdict; that manslaughter is the
unlawful killing of Q human being without
malice expressed or implied and without
any mixture Of elaboration; that it must
be voluntary, upon q sudden heat of pas
sion caused by a provocation apparently
sufficient TO make the passion irresistible,
or involuntary in the commission of an
unlawful act, or q lawful act without due
caution or circumspeotion; that the law
presumes that every man intends the nat
ural consequence of his own voluntary
act, and if you believe from the evidence
that the defendant killed Joseph w. Dean,
as alleged in the Indictment, the burden OF
proving circumstances of mitigation, or
that Justify or express the homicide de-
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