Telegram-herald., 1889-10-10


lag % be 4 warrant ior tAe arrest II
the respondent and one Charles
breArley iss thV ui ense oi larceuys
and that that warrant. 10 fhe opluloa
of tals couri Was at tne tune sai.dl
and ct ample legal effect ~ warrant
ihe SAID deputy sheriff SINCLAIR IN
entering apon lhe premises oi ihs ra-
sponceut, anA aTrtstlu- Alu aud
BTesrlCr II found there. That 80 long
as he did nQt unTtasuuah.N eAetel she
bol>us ~ such aiscreHeu as tnt laW
reposas in him as an officer Z MAS a.s
right and 0AiA fC saTtsi lat rtsuon Il
and BTeatIsA as speedily ae tfthll-
stances Houla Fs1n &, aua convey Ram
or them, 3 hotl are found AND appre-
heuded l0 int on'Cg oi the magistrate
who issued sucA warrant.
Ii clearly be uo matter 81 right
for the deputy sheriff or aaY oi those
who accompanied b.m. g. enter upon
tae premises of the Respondent al such
a time ln the night. and under the Clr-
cumstauces te~uhed % nf. The peoples
Witnesses. without he had a duly 10
perform a. an officer oi the law. aud
due warrant for the performance ot
that duty from lhc warrant la evidence.
charge YOU thai i Noa nud illat "a
the time he entered upon 6osch E prem-
lses oa the night IN question, that
he. PeterJ Sinclair, ln his position as
an officer 81 the law; that q was DOT
unreasonable for him to 60 there upon
such premises aad execute such waI-
rant; and a. 90 his taking in company,
and summonng 10 hls aid and ass.s-
tanoe the deceased, Peter J. Sinclair,
and others who were present ln the
| immediate vicinity, aud at hls COM
mand he had perfect right 90 ao 80
under the law; li at the time, and n tne
exercise, in good faith of reasonable
discrimination lac deemed in necessary.
l. would be man fesily unreasonable
10 require officers of Ghe law in their
| discharge Of sacn perlous duties a. the
apprehension and arrest oi persons
charged with OflcnsCs against the law,
| 70 place their own lives constantly IA
/ peril and take hazards winch reason
I able men would shrink from; il IL TAR
/ better in the arrest of such persons
| that such arrests should be made with.
| out danger, or at least without permit
I ting further Offenses 10 be- committed.
! Ii therefore YOU should ind that Peter
! j. Sinclair had reason 10 believe that
/ IN the discharge of his duty he was en-
terng upon a business which involved
| danger, or injury OF violence 10 him-
self, or escare of those whom he WAS 10
arrest, yOu may then consider that nc
| had a right as a matter Of law 10 take
! anv reasonable amount Of assistance
which was at hand, including deceased, f,
and also that i was rght 90 come
| armed himself, and SO far AS he thought
/ proper, arm those who were with hum
| for the discharge of that duty; and
further charge YOU that If You ind
| that when he arrived at the door Of
| GOsch he took reasonable means Of
| awakening him and informing him Of
the nature of his business, and did ac-
| quaint him with the fact that Dee had a
warrant for his arrest and of BreaTlcy,
and that they became aware of that
fact. and were assured that no harm
would come 10 them # they would
quietly and reasonably surrender tnen-
selves, and that they neglected ana re-
fused 10 do so, or TO make Their sub
mission manifest - hIm, be had a right
to break and enter their building tor
the purpose of making such arrest and
10 overcome whatever degree of rCsia-
tance they opposed 10 hlm ln hls at
| tempt; and that If YOU find that DE d'd
call the deceased, among Others, g. s
/ aN-lNttllAts AAAAA ifAtAAAh IA 'tff7t.At
really apprised of has purpose, alI
heard his assurances of care and pro-
lection; was informed that bee had
warrant for his arrest az the time, anu
that SO far from submitting % las az
rest. by force and violence 10 prevent
that arrest and 90 oppose the law. DIS
charged the shotgun OUt OF tac chnf.
ana thereby caused the death ~ )al-
lol Sinclair. tnen ne was guilty % csc
crime of murder a. charged. and You
should 50 find by your verdict.
/ charge YOU further. that u YOU
find. from the evidence, beyond
a reasonable doubt. that the
respondent entertained feelings Of
hatred, or purposes of vengeance, OF 81
! fixed determination toward Peter j.
Sinclair, or settled purpose 20 resist at
times. and at all hazards, legal arrest
by said Sinclair, and with such pur-
pose in his mind, deliberately and pre-
meditatelv discharged the gun which
caused the death OF Daniel J. Sinclair,
he would be guilty Of murder in the
first degree
If he hadn't such deliberate purposes
and intent. didn't premeditate any
| crime or otiense bv a settled. fixed de-
termination, bat did. suddenly and y
passion and Of a mind bent on mischief.
commit t0o act. boat not with deliberate
plans and premcditatiou. then he
would he guilty Of murder ia the sec.
ond degree.
II the jury should find that the aci
Of killing was an act oi gross careless
ness or reck,essness, without any inton
! ton 20 do wrong. or under such
circumstances as have heretofore been
| nstanced by the court ia defining man
slaughter, then, Of course, they ~ ghi
convict of manslaughtcr.
The jury returned from supper Al
| about : O'Clock. and were gwen the
court room ln which a. conduct their
deliberations. 4 few late haugcrs-on
and the shcrfIs and reporters were the
only persons about toe hau and the
/ sherifs Office. Ats o. clock the Jury
| reported that they wsled further ne
structions from the Judge. lie was
called and the jury asked - have that
portion of hs charge which defined tie
different degrees of homicide read to
them aesfn. THIS was done, and the
Jury was left % taeir deliberations
At l0.m they reported that they
/ were ready with tnef verdict. The
nudge came from his Office, but the at
/ fornevs had gone home and It was
necessary to send for them IT was ex-
: actlvs Al il.lo when the foreman arose
at tie usual question snd returned a
verdict of "guafv 0f maus.suEh "
| Goaeh was brought from the jail ~ the
time the iurv asked Tor instruct ons,
and remained u the sherlfis oh GO
I ..t a. -u~r- aar r.,r rrf 10 rrIwnr fr,