Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-05-19

methods of counsel on both sides IN The
/ course OF this trial came 10 the rescue and a
/ conference resulted in an agreement that the
following Instructions should be given by
the Court 10 the jury:
INSTRUCTIONS FOR THE PROSECUTIONS.
First. Murder is the unlawful killing Of
/ any person with malice at0TethouEht. Malice
/ m4y De expressed or implied. Malice may
/ be- IMPLIED from any deliberate, cruel act
committed by one person against another,
/ however sudden. 10 may also be implied
/ from The deliberate use OF deadly weapon
/ in the absence ~ proof TO the contrary.
/ second. All homicide is in the presump-
ton Of the low Malicious, and accordingly
/ is presumed TO De- murder in The second de-
/ gree. unless justified. excused. or alleyloted;
! and II person Dr. shown TO have committed
| q homicide The law throws upon him the
/ burden o, making OUT, TO The satisfaction OK
| the iurv. The circumstances OF Justification,
| excuse. or alienation.
Third. At murder is presumed 10 be MUIR
/ der I'M the second degree. To elevate The
! homicide into murder IN the first degree The
/ burden Of proof j, upon the Commonwealth.
/ To reduce the murder 90 manslaughter the
/ burden OF proof IS upon The SLAYER. IL the
/ unlawful killing j. wilfuI, deliberate, aud
ufemedliafed the homicide * murder in the
/ first degree. I'm such case II is necessary
/ that the killing should have been done on
/ purpose and not by accident and without DE-
/ SIN. The SLAYER must have reelected with
/ a view ~ determining whether BE- would kill
or nos. and Doe must have determined 20
/ kill MS the result u that reelection before
committing the aci. The killing must be .
Predetermined biug on consldcrlt,n and
/ not a sudden killing under the momenInry
eXcit.u and impulse OF passion. under
troyorauou given ~ the time, or so recently
before as not 90 allow time Tor reflection.
There must have been a dcliberatiou aud the
killing ~ the result of such deliberston.
But 10 is immaferiI how recently the deiiDe-
ration preceded me fatal shot The design
% kIll may be formed 40 the moment u the
commission Of tie act.
Fourth A man is taken 10 intend That
which be- does. or which Is the natural OF
necessary consequence Of his own act
Therefore n person wound another 10y the
deliberate use ~ IN instrument likely 70
produce death under the circumstances. the
PRESUMPTION Of law f. that Dee intended the
ror~eourrce That resulted from such use "
such deadly instrument; but the presump-
ron may he reout,ed by The prisoner.
Fifth. II person with q dead weapon
ln his previous possession without any or
upon very slight pr0yoca'ion give another a
mortel wound, 20 which the wounded per.on
dies within period OF one year and one day
after thn wound IS given, The person inhlci-
ing such wound Us Trm1 fao'e guilty -
wi.ful, deliberate. ond premcdItated kiIing
and VII be- held TO haye committed murder
in the first degree unless be proves eXicnu-
atng circumstance.
sixth. when a person who slars another
claim. that be did the act IN seli.deiencc he
must show some overt act done or cIrcum-
.t1nce. existing which gave DiD q reasonable
ground for believing That the man he killed
intended 10 90 him some serious bodily
harm, and that there wac imminent dlnger Of
such lnteLtion being carried INTO immediate
execution, and that 10 wa, necessary for the
prisoner 90 have done the act be dad 10 pro-
trct himself from such serious bodily harm
tut thr necessity relied on 10 justify the KILL
ing must not arise ont Of toe sIayer's own
MISCONDUCT lie must bee without fault in
bringing TIE necessity upon himself.
Seventh. " the iury believe ifOm the evil
dence. and are sat,. hcd beyond reasonable
DOUBT that ou The 5tn Jay OF March, ls,J, IN
The county Of sussex, M the STATE of Viz
ei0ia, tie prisoner at the bar, Carleton n.
Marks, with intent 90 kilI Nathaniel y. Barn,
lhe deceased. wiliu.ly, deliberately, and with
malice aforethought gave the sIid Bain
mortal wound. and that ihc said Balm on The
said 9Th day ~ March, 1889, died from said
wound. tDen they must ind the prisoner
guilty u murder IN the first degree.
INSTRUCTIONS FoR TIE Defence.
The Court in.iructs the jury rs follows:
First. That every homicide is presumed 10
law % Doe murder 100 The Secosd degree, and
thst in order % elevate the offence 90 murder
In the first degree lhc burden OF proc! is on
the Commonwealth, aud 10 reduce the Of
fence Oh uan-laughter the burden OF proof
- 0n the prisoner 10 j., however, The duty
81 tae iury t0 consider the whole testimony,
bot1 that introduced hy the Commonwealth
and the prisoner, and ascertain whether tho
prisoner hss been guilty o. murder IN the
first degree, murder IN the second degree, or
mlns,aughtcr voluntary or involuntary or
whether tle homicide was not cXcusAbie or
iu.tiHabIe.
Second. Nrllrl Is the unlawful killing oi
any person with malice aiofeth0ught; and
m.h,c !, either frDf6-s, as where person
Kills another with p sedate, deliberate mind.
aud formed dcsIgn-Or implied boy law from
any deliberate, crue. act committed by ono
person against another, rs where "a man kiH.
another suddenly, without any or upon
slight prosoc4tion from an abandoned heart.
Third. Nmslua glitter s. The uniiwml kill.
ing OF another Without malice. either express
tr implied, and may be ether voluntary.
upOa q sudden heat Of passion, or inyolun-
tary in the commission OF some unlawful acf.
Fourth. rae presumption Of malice, which
makes the homicide 10 be murder, may be
ro.rlled by tue accused where the act, though
intentional u death or great bodily harm,
was not the result Of a c0oi, deliberate iudg.
meut and previous maliSuty Of heart.
Fiitb. The right Of resorting TO force
upon the principle 81 seit.defance does not
arlee while the apprehcnded mischief exists
M machinItlon merely. There must be some
act menauug present peril or something IN
lnc attendant circumstances indicative OF
present purpose 10 make the dppfeAended
attack. The act 80 done or clICdmstauces
thus existing must be OF such 1 character
s, 10 afford reasonable ground Tor believing
there Is design o. commit felony or 10 do
some serious bodily harm, and imminent
danger OF carrying suc1 design into imme-
diAts execution. lndc. the circumstances
the killing viii be iustIGable, although
10 should afterwards turn out that
appearances were deceptive and there
was IN fact no design 90 commit q
felony or to do great personal injury. In
this case The prisoner Would not be obliged
10 retreat. but might pursue his adversary
unl ne had freed himself from all danger.
IT, therefore, the jury believe from the evil
dence that y. NJ. BAN advanced on the pri-
soner, Carleton IL. Marks, In such a manner
ss 70 ailOId him reasonable ground for be-
leSlng that the said \. NJ. Balm had Il de-
sign to do the prisoner some serious bodily
harm aud VA IN imminent danger OF carry
ing such design into immediate execution
they must md the prisoner "n0t guilty."
although they may further believe that at-
pearauees were deceptive, and that the said
Balm had la fact no design TO do the prisoner
any great personal injuries.
Sixth. II the jury believe from the evil
dencc that the facts and circumstances con.
nected with the killing, as they appeared TO
Carleton III. Marks at the time Of the killing,