The Forest Republican. [volume] (Tionesta, Pa.) 1869-1952, 1886-05-26

murder only in the second degree. And
tho Commonwealth when it asks a con-
viction of murder in the first degree, must
fail unless the evidence is such as satisfies
! you beyond all reasonable doubt that the
killing was willful, deliberate and pre-
meditated In other words, that il was
Intentionally done, with an UNDERSTANDING
of the act and in pursuance of a design
being formed beforehand. little evidence
does so satisfy you, then it would be your
duty to render verdict of guilty of muir
der in the first degree, Notwithstanding
the severe consequences of such finding.
But are the undisputed facts attending the
killing in this case, such that you ought or
can with any propriety find a deliberate
prearranged purpose on the part of thede-
tendant to take the life of the deceased? Is
the evidence of such character as justifie5
you in finding that the killing was the
outcome of purpose fully formed i'm tho
mind of the defendant before hand, to take
the life ofthe deceased?
livery clearly appears that for sometime
before the fatal evening Mr.. Mealy was
seeking opportunities to find the defend
ant, provoking and inviting him, on more
than one occasion, to personal encounter,
making threats of a purpose to do the de-
iendant great bodily harm, some of which
threats had been communicated to him. 1t
very clearly appears, that on the evening
OF the fatal atfray, the defendant tried to
avoid difficulty. That while attempting
to leave the store of Reyner, the deceased
met him on the porch, assaulted him, knock
ed him down, followed up the attack by
putting himselfin such position over the
prostate body of the defendant as was at
least indicative ofthe purpose to infiict fur
ther mischief Under such circumstances,
will you bejustified in finding the defend
ant guilty of murder in the first degree
We think it our duty to say that you
ought not so to find. Is the defendant guilty
ofmurder in the second degree? Murder
in the second degree, is where a felonious
homicide is committed without a specific
intention to take life, but under circum-
stances indicating a malicious or revenge
ful disposition or mind reckless of conse-
quences and regardless ofsocial duty. If
the defendant armed himselfwith a pistol,
not for the purpose of self defense against
well grounded apprehension ofgreat bodi-
ly harm, but under circumstances indica-
ting malicious disposition and revengeful
purpose, and the mind reckless of conse-
quences and regardless of social duty, he
may be convicted ofmurder in tho second
degree, although the specific intention TO
take life did not exist. To Justify such a
finding ofmurder in the second degree, as
in the first, every element in that offense,
as have definedit, must appear from the
evidence beyond a reasonable doubt. 1t is
a rule of universal application III trials for
crime, that all reasonable doubts growing
out ofthe evidence must be in favor of the
defendant. Ifunder the instructions we
have given, you find the evidence falls
short ofthe measure and character ofproof
requisite ojustify a verdict of murder in
the second degree, then there IS another of
fense covered by the indictment, of which
the defendant may be convicted, the evil
dence requires, designated by the name of
manslaughter. ask your careful atten-
ton to the definition of the offense of ma n
G dntprn1inn what
the particular otfense which the defendant
is guilty Of if guilty 0fany. Mansaugh-
ter, is when the killing is withoutmalice or
illwill upon q sudden impulse arising from
some wrong or insult received, and when
in the heat fofpassion thus aroused, a de-
fendant without time TO consider the prob
able circumstances OF the act, inflicts ia
tai injury. i repeat that definition. Re-
peated.l If the defendant here, did the
killing under such circumstances as falls
short of murder in the second degree, of
which you are tojudge, then you will de-
termipe from the evidence whether the
killing in this case was under such circum-
stances as makes the ottense that of man
slaughtar, as we vejust defined it, and If
so, then you can find the defendant guilty
ofmanslaugter, and should so designate it
! in your finding. You will determine from
the. evidence, whether the facts proved
show beyond reasonable doubt the defend
ant guilty of murder in the second degree
as we have defined it, and if so, return a
verdict accordingly.
If you find the evidence does not thus
| Justify conviction of murder in the sec
| ond degree, then does it show the otfense Of
manslaughter to have been crmmitted, as
we have Just defined the otfense of MAN
slaughter to be. Ifthe killing ofthe defend
ant was purely accidental, or if il was in
| selfdefense, under such circumstances as
gave the defendant reasonable ground to
believe that he was in peril of life or great
bodily harm, and to believe he could only
escape by killing his assailant, then the de-
fendant is not guilty ofany ohense, and you
should so find. Wehave stated the law,
applicable to the trial of homicides, as we
understand it, with as much percision and
clearness as we are capable OF doing. 1t is
not our purpose to discuss the evidence in
detail. Counsel on both sides have present
| ed the views they entertain ofthe evidence
and the conclusions to which they think
| you should arrive, fully and with great
ability, and it is for you, aided as you may
he by the instructions of the court, to de-
| termine whether the defendant is guilty of
any offense, and ifso, what is the grade or
degree of that offense. You owe it to the
defendant, charged with the high crime of
murder, to see that the evidence iustifies
your verdict, if adverse TO him. You owe
1t to the citizens of tho Commonwealth. for
the security and safety of the society in
which you live, to see to il that human
life may not be wrongfully taken and the
offender escape the prescribed legal PEN
atty. A fearless, faithful, conscious dis
charge of you duties as jurors, is what is
required at your hands. So meeting your
obi cations, whatever the result may be,
no blame can rightly attach to you.