, 1889-07-04
GRADES OF CRIME.
Clearly and Distinctly Defined
and Explained.
A Legal Document that At.
tractcd Unusual Interest.
Judge Calkina' Charge to the jury Ia
The Case Against MARTA Tor XIII
ng hsrkrr.


the charge delivered 10y Judge ColHins to
the jury trying the case Of the territory OF
Washington against Frank Martin, in.
dicted for killing Absaiom Parker, which
, resulted in Martins conviction OF man
slaughter. The document will be reed
with Interest by all classes, as it is clear,
succinct definition Of the several grade.
of tue crime referred to, together with an
explanation as to the latent Of the law for
the guidance OF the jury. and also rug
Gestions as to the bearing Uf the trs,inUn,
iu this particular Case with reference
theretO
GENT..EMEN OF TUE JURY: The de.
,fendant Frank Martin Is lud,vted iu this
case tor the murder OF AOsalom Parker.
This indictment ls grounded upcn SEC
ton 7S6 of the statute OF this b rritory
In order to make out this otf -nse the
territory is bound to prove that Ausaom
Parker on the day named in be ludict.
ment, or some day succeeding or proceed
ing that date. was kl'lrd and murdered 10y
the defendant Frank Martin, in the mun-
ner described 10y the statute aud stt forth
in the indIttmeni. within this county and
this territory. The iGdiCtui, Mt desert brs
the cr,mea, having been committed IN
cludes murder IN the second degree and
mansldug hter as we'll and also an assault
and battery. All these being otienses OF
lesser grade and degree than that de.
scribed IN the indictment and therefore,
necessarily included IN 1t.
You viii observe tuat the statute dehn.
ing murder IN the first degree uses the
words "purposey and OF deliberate and
premeditated malice" IN describing the
offense.
"Purposely" in the indictment and
statute means Intentionally. Deliberate
means IN II cold state Of blood that is.
not in the heat of passion. Premedltated
means thought of beforehand for any
length of time however short. 1t takes
the concurrence OF all these things togeth-
er with malice and the billing TO coDsi.
tute the OtfcDse of murder in the hrst de-
gree Malice is defined to be an evil IN
tint it Includes not only special maievo-
nence against the individual slain. but "A
general depraved and malignant
spirit--a heart regardless of social
duty aud deliberately bent on mischief.
Therefore, malice Is necessary inRredi-
ent OF the crime charged 10 the indict'
mt MT and it must ALEC concur with the
other Ingredients named. Wherever. In
cases OF deliberate homicide, there is IA
any OF the crimes denounced in the sec
tion read to you, from which murder en-
sues the otfsnse. II consummated, is mur-
der in tue hrst degree
MunpERIS THE SECOND DEGREE.
Section 79O ot oCr statute defines muir
der 10 the second degree:
You will observe that this stat
ute cuts down the grade of the oifense
whenever the killing occurs without de-
Liberation and premeditation, so that
when murder is committed and there Is
no specific intention to take human life
and there is no deliberation or premedita-
tion on the part OF the accused prior to
the killing. and the killing was malicious,
the ofrense Is murder IN the second de-
gree. The first inquiry therefore will he
In lila case after the honicide is estab.
lished, if it he established, was the NOR
tai wlound given without the intent to
take ilfe, that is, without reconciliation
or deliberation.
If YOU find there was no deliberate, pre-
ueditated design on the part OF the defen'
dant to take the life of the deceased A6'
ealom Parker, then you will next consider
whether the offensO is murder In the sec
ond degree, or granddaughter, or either.
Yen W i'll observe that section 733 o1
our at atute defines manslauRhter tc
be the killing Of human oeina
\ without malice, express or impned
either voluntarily upon suoden
heat or invountarily III the commission O.
some uala wiul act. This crime diHer,
from the other degrees OF murder when
have exclaimed TO YOU in this. that al
thongb the act which occasions the dealt
Ia unlawful or likely 10 be attended witt
bodily mischief, vet the malice. either ex
pressed or implied. which is the very es
senca of murder, is presumed to be want
inc. and the act is. out OF regard tor tn
weakness of human nature, denomioate'
mansIauphter, and she punishment pro
portionately cut down.
Won will bear in mind in considering
~ this LAO at the time the mortal woun
was gwen, If such mortal wound wa
given by the defendant, whether IL wa
caused as an incident OF mama, suuoe
paroxysm OF passion or any o.uei .lin
8, which could suspend the intellec' ual pow
ers at the instant of the commission or th
offence. if such offence was committed
and i'm considering these questions, to
Gather with ali the surroundings ana Inc
!, Gents thereto as given in evidence oefor
von' Won will bp enabled to hx the degree
! 1rsae of the offsnse. if such otfense wa
Committed. These things, as you WI
observe. will affect, or bave tendency
affect. the intent and design OF ohe w
fendant at the time the mortal wound va
rfVen, it you find such mortal wound W.
given ut all.
USE OF DEADLY WEAPON.
\ The GENERAL rule Of law is that ma
;rtsnds the necessary consequences OF u
1 nwn asts. Hence, it one assaults anoth'
With a loaded pistol and shoots ths sun n
oil at and against such person PurpoSte e
and with intent to hit him' anu toss asss !; !,
1.an,s nlm, e"t that the person 80 using such r
,sSveT voixer Intended to produce the woau
so.vet ss.nit;no from such use. But this pr
.ssas .a%ution may be rebutted BY evidence. =.
I" you nha ,ha dsfendaut made use of a load.
revolver .e~e YER which was discharged Ht p..s. T.
against the body Of the deceased s ,inS ts,ti i
and which caused the wound S'. Oh What that y