Evening star. [volume] (Washington, D.C.) 1854-1972, 1890-12-24

qnise lengthy document, Il wss found uecce.
sary to light some Of the gas burners behind
lis desk and above the reporters stsno- lha
only seemed 60 deepen the gloom Id NE oingy
old court room.
TIE yrpoE's cHARoE-
The court eongratulates you. gentlemen q
the Jury. said Chief Justice Bingham, upon Ne
near approach OF the close OF this ca-e. foa
have listened with attention 30 evidence ana
argument II now remains b. give yon the
rules Of Law. which are Go govern you IN tns
determining Of your decision.
The duties of the court. counsel and 1ufy
were then dtlated upon and the court went On
60 saw that in n case Of such importance the
jury should bring 90 the box impartial minds
and an honest desire 60 discharge its important
duty without prejudice or bias. The jury stood
between the defendant aud the community,
sucrn To discharge its duty impartially between
the two. After stating the churRes IN the m
dictment the court said that murder had bcen
defined by the highest authority ~ he where
person Of sound mind and discretion unlsw-
fully killed. with malice afcrethcught. express
or implied. Manslauch.er. also an the indict-
merit. was the unlawful killing Of another with
out malice.
II would he noticed that in the definition q
murder the person charged with the crime
must have been OF sound mind and discretion
The Law presumed cvtrybciy Go be sane and
the government not bound 60 produce
evidence 81 insanity. testimony TO that effect
must come from the defendant The defini-
tions Of murder-eNprers and implied-were
made plain. Murder WAS express when done
with deliberation: implied when from accident
or circumstances there Is 60 lie implied
an intention the part of the person
committing the crime Co take life and where
the jury cannot draw any inference OF
accident or self defense. II a man took .
deadly weapon and used il upon another tbe
law implies malice. There were some facts
which could possibly I've regarded ss conceded
by the defense. Weird did twice discharge .
pistol AZ Maurice Adler and the second hall un-
aouotedly took eject. INJECTING wound in Ne
back OF Adler's neck.
The court. however. not sure that the de-
Tense admitted ihat the wound a mortal
wound. IL VAS necessary for the government
to prove that the wound was mortal and thst
death resulted from Il. On this point the eyi-
dence of the physicians who attended Adler
would have 60 De consulted. II the wound vss
proven Co he mortal then that against
the defendant. II. however. the evidence
convinced the jury eat the wound sss
II need not 60 further, but return a verdict Of
not guilty. The circumstance and the inten-
ton were then treated az length and the jury
were told that attention should he given 90 the
previous difficulty between Ward and Adler 80
| as to ascertain II there was any motiSe in kill
ing Adler. The instructions prepared by coun-
sci for the defense were read aud said that the
jury should consider what Ward had said TO
| tho officers after leaving the Marble saloon.
The law presumed every man 10 be sane and
the defense must maze introduced testimony 10
overcome this presumption. II the defendant
wac not responsible he was not guilty.
The court said h. deemed IL his duty 20 saw
further that an order to excuse the defendant
the jury must fnd that HE reason WAS de-
throned. his will oserpowered. and his coudi-
ton such that he did not know right from
wrong.
He also instructed the jury on the question
OF manslaughter. He said that the question Of
the CHANGING ball wac a matter for the ccnsid-
Grafton Of the Jury.
If they found that Ward was mentally re-
sponsible. but the III ooting was the result 81
carelessness. IL was their duty to bring in YER
dict of manslaughte-.
At the conclusion of the charge Mr.. NcCath-
ran wac appointed foreman Of the jury.
EXCEPTIONS To TUE CHARGE.
Mr.. Wilson noted an exception to one or two
minor portions Of the charge.
THE JURY RETIREs.
At 5;S5 the jury lief, the room. At 6 O'Clock
the court took an informal recess FOR an hour.
NOT GUILTY.
The jury at 7i7 O'Clock returned verdict