The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1886-12-10

CHARGE TO THE GRAND JURY.


We understand that there will be case
Of homicide presented to you. In regard
to that, there Is no occasion TO give you
special instructions, further than to inform
on In general way OF the outline Of the
law upon that subject The term homicide
means the killing Of human being that
may not be murder, may not he man
slaughter II may be n lawful killing, or 1t
may be telonious, according to the facts
1t is homicide for the sheriff to hang man
under a decree of court after trial that Is
homicide, because it takes the life Of a
man but il is not murder and 1t is not
manslaughter, because it is the taking of
life in accordance with Law
Murder is the felonious killing of any
human being, with malice aforetbought,
either express or implied it is this ingred-
| lent OF malice which constitutes murder.
when human life is taken. Malice is ex-
| press when one person takes the life OF
another out OF spite or revenge; when that
is the motive, the malice is express but
that is not the only kind Of malice Of
which the law takes notice. Malice, In
law, exists when an act is done out Of u
wicked and malicious heart; when per-
son, regal dless Of the rights OF others .and
regardless Of his duties as citizen, his
mind bent IN mischief, does heartless
and cruel act, the law then implies malice
so you have In this definition what is
express malice and what is implied malice;
il this ingredient Of malice is lacking N any
case where human life is taken, the TAX
ing Is not murder; malice is essential TO
constitute that oifense. Manslaugbter is
the unlawful killing OF person without
malice that is where there is a provoca-
tion, passion engendered, and, by reason
of that provocation, the person who is in
censcd, before there is room for passion to
cool, while yet smarting under the prova
ton, takes lite here the law, making al.
lowance for human passion, reduces the
grade of the homicide to manslaughter-
that which would be murder If prompted
by malice, when the act is committed or
the spur of the moment, not prompted by
malice but brought about by previous pas
sion.
Weighing the facts OF given case, it is
frequently somewhat more di fficult to de-
termine whether or not they make out ar
offense amounting to manslaughter than to
decide between murder and not murder,
the line of distinction in the latter question
being more sharply drawn. Two person
may fight by agreement, when one does no
intend to kill the other; yet, if he does taxi
life, his act is manslaugh r. Whether 9
felonious homicide is minslaughter oI
murder, and, If MURDER in what degree, is
commonly for the traverse and not for thu
grand jury, who. if they find the bill true,
usually return general indictment,
The law holds the lives of citizens Sc
sacred that whenever death is caused b,
violence it requires that the matter shoult
be thoroughly and carefully looked into
Often one inquiry is, who began the atfray
I and, if it be settled that the accused di(
not, then the inquiry is, Did he go beyont
what was necessary in order to protect him
self 2
Lawful homicide is either justifiable o
excusablc justfiable homicide is the TAX
/ my Of human life in pursuance of sentenc
Y of law as when sheriff executes tn
!, deathwarrant upon convict properly con
demned by court of competent jurisdict
r ion excusable homicide is the taking G
( human life in selfdefense.
a The law undoubtedly is that when on
person is wrongfully assaled by another
i and the person who is assaulted avoid
!, fighting so tar as he can do so with safet
a to himself, but finds it necessary or appa
n emily necessary for him to inflict an injur
. upon his assailant, he may so protect hin
- self from great bodily harm or from bein
slain by the hand of another. This que
tion Of fact is one that properly can
: tried only when the person accused make
his defense. 1t is true that ii the evidenc
8 on the part of the commonwealth sati
a factorily shows that the accused acted
c selfdefense, the grand jury are not bodn
IL to return a true bill even for manslaughter
!, death has been caused by the use of
deadly weapon or by violence, whatev'
IS may be the circumstances, it is right th
e there should be full investigation whel
T. both sides are represented. Before Il
IS graz d jury there are no counsel to e
% anime witnesses, no counsel to crosse
anime witnesses, no court to give instruc
ion in regard to questions of law arisir
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