Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1886-01-28
A VERDICT AGAINST DlCKEY.
The Jury Holds Him Guilty
of Mansla lighter i'm the
First Degree.
After an All Night Session the Con.
clusion is Reached Late
this Forenoon.
An Elaborate and Comprehen-
sive Charge by the Court
to the Jury.

In the Dickey murder trial District
Attorney French closed the argument
at half past seven o'clock last evening.
Judge Tripp then delivered the fol.
lowing charge to the jury, concluding
at half past eight o'clock, after which
the jury retired to consult upon it's
verdict:
CHARGE TO TIE JURY.
Territory Of Dakota,
as.
Ws1liam Q. Dickey
Gentlemen of tie Jury: l congratulate
you upon the approaching termination
of this long and important trial. [ com
mend the patient attention you have
given throughout the entire case. Your
most important duty is now about to
commence. You are the sole and exclu-
slve ludses OF all the matters of fact
submitted to you IN this case. 1t be
comes my duty to charge you upon all
the questions of law arising in the case,
and applicable to questions of fact sub
mltted to you. At the outset of nay
charge it is proper for M to say, that
1 sAie9 ~ 10 " W TX OlthOl SOAflCtSO
or acquitted upon the speeches of conn
sci, nor acquitted npon sympathy for
hina, nor convicted upon grounds of
public policy. 1 know that man is 80
constituted by the intimate relations ex-
listing between his intellectual and
emotional qualities that it is often diff
cult for him to keep sympathy and pref
udice from varying his judgment; but
IN the jury box, and on the trial of a
case of this Importance, the Juror must
closely catechise himself IN order to dis
cover, if he can, whether either prejudice
or sympathy exist liz his mind. If either
has impressed him, whether remarks of
the counsel, or his own crea.
tions of mind that sympathy or
prejudice it is his duty to sternly lay
aside. Sympathy is as much to be dis
missed as prejudice. and prejudice a.
much as sympathy. I am led to call
your attention to these cause on &C.
count of the peculiarities of this defense.
You have been led over the large por-
ton of the life of the defendant. It was
necessary that you should, to some ex.
tent, travel with him in the past, that
you might. If possible, probe the mind
of the accused and find out what man
ner OF a man he was; and whether, in
the acts attributed to him and for which
he is here on trial, he acted maliciously,
excusably, or without responsibility, 30
that you might intelligently determine
the guilt or innocence of the defendant.
| deem it my duty to also particularly
caution you against mixing up the evi.
dence which has peer adduced in this
case with remarks Of counsel on either
side.
AT the close Of a long criminal trial,
where q large amount of evidence has
been adduced on either side, it is diff
cult even for the Judge, and sometimes
for the lawyers who are engaged in the
ease, and with the aid of notes taken III
the trial, to remember just what facts
have been, and what have not been
proven. You will find it difficult to re-.
member whether any impression toward
the accused was derived from actual
evidence or from remarks of counsal up
on evidence, or from remarks without
evidence. You should, therefore, be par
ticularly guarded against any prejudice
or sympathy that may have arisen from
any facts or causes not arising from, or
adduced in evidence before you.
The Indictment, in brief, charges the de-
PENDANT with having murdered one
Thomas O'Brien, in the county of Yank-
ton. on the 22nd day of August, 1885.
Murder is defined by our statute in
the following words: (Sect1on 242,
penal code The design to effect death,
mentioned in the foregoing definition, is
further defined by our s%tatute, as
follows: (Section 243, penal code.)
And the premeditation therein referred
to, is further defined by our statute as
follows: (Section 244, penal code
To form a p~remeditated design, it is
not necessary that any particular length
of time should intervene between the
formation of the design, aud the COM
mission of the act. The law requires,
and declares, that a design tc effect
death, sufficient to constitute murder,
may pe formed instantly before commit
ting the act by which it is carried into
execution. In generalization or deliber.
alton, included within the terms of the
statute, there need be no appreciable
space of time between the intention to
kill, and the act of killing. They may
be as instantaneous as successive
thoughts of the mind. 1t is only neces.
sary that the act of killing be preceded
by the concurrence of will, deliberation
and generalization on the part of the
slayer; if such is the case, the killing is
murder, no matter how rapidly these
acts of the mind may succeed each
, other, or how quickly they may be fol
flowed by the act of killing.
!, Ii it is proven that death was cansed
by al act of the accused, it is not neces.
: sary that the government prove anv III,
will or hatred on the part of the accused
toward the deceased. Whenever Q
. homicide is shown to have been com
mitted without lawful authority, arc
. with deliberate intent, it is suficien,
proof that 1t was done with malice
taforethought, and that malice is not dis
4 proved by showing merely that TIE &C
cused had no personal ill-will toward
; the deceased.
e Should you find that the defense o
+ insanity, to which / shall shortly cal
Iyour attention, is not sustained IN thi
case. and should you find from the evi
dence that the defendant committe,
s the act without any premeditated de
!, sign and is not guilty of murder, 20
will be permitted to consider the lowe
degrees of homicide included within th
g crime charged in the indictment
Under our statute there is but one dc
gree of murder, and the charge of mui
70 der includes manslsughter, which is de
l fined as follows: (Section $50, penf
code and Sec. 954) Excusable an
Unsuitable homicide referred to in til
forea Ding definition of m~anslaughte
is defined bv our statute as follow
ESections 262 and 264 penal code.)
sThe defence interpreted, and mainly r
lied upon in this Gaze, is that of insaI
a ity. It is contended by the counsel
*, beLalf of the defendant that at the tin