The Critic and record., 1891-04-09
KINCAID ACQUITTED.
THE JURY AT FIRST NINE FOR AC.
QUITTAL, THREE FOR CONVICTION.

the jury last night at % minutes 10
o'clock, after being out a little more than
three hours, brought freedom TO Charles
E. Kincaid, charged with the murder Of
William =. Taulbee.
at has for some days been very evil
dent" said a regular attendant at the
trial, that the verdict would be ac-
quittal"
Mr.. Cole concluded his argument
shortly after clock yesterday.
Then Judge Bradley read his carefully
prepared charge TO the jury.
JUDGE BRADLEY's CHARGE.
"Ghe accused is charged by a grand
jury of his countrymen," said the Judge,
with having murdered William Preston
from a pistol, on the 2Sth day Of Febru-
ory, 1900 at the United States Capitol,
from which wound he fingered until the
1ith day of March, 1890, when he died.
You have sat patiently through the many
days of this trial and have heard the facts
and circumstances surrounding the occur
renee detailed in your hearing by the wit.
nesses produced on the part of the Gov
ernment and Of the defense. You have
observed the appearance and bearing of
the various witnesses and have noted
the character of the evidence adduCed by
them. The case has been ably and elab-
orately presented in argument from the
stand-points of their respective positions
by the counsel of the prosecution aud for
the defense and | will first state that
the result may be any one of these sew
oral verdicts which the evidence as YOU
may find it may compel you to render.
ut is possible for you to come to the
conclusion that the homicide was murder,
in which event your verdict must he
guilty as indicted or IL is possible that
your conclusion may be that the homicide
was manslanghter, and in that'case your
verdict must be guilty of manslaughter'
finally, ii is possible that your conclusion
may be that the homicide was committed
by the accused in self-defense, and i'm that
event your verdict must be not guilty -
The Judge then instructed the Jury at
some length and in clear and simple
language upon the important differences
between manslaughter and murder.
Abiding to there being no evidence
about the manner of Taulbee's death, aud
summarizing clearly and distinctly the
theories of the defense and the Govern
ment, the Judge referred to several cir
cumstances regarding the admission of
testimony about threats; but he added
that "the court, however, tells you that
no threats except those which were recent
and not remote from the time of the
homicide are worthy of much consider
ationn He said:
"If Taubee, at the time of the assault
at the east door, on the day of the homi-
eide, used the expression You had bet
ter be armed land whether or not he did
is q matter for you to detcrmine), did the
accused, in the light of the character of
the assault made on that day and i'm the
| light of the prior assaults which he has
detailed in his evidence. believe or have
reason to believe that Taulbee intended
| to kill him, and did he go to his room,
| arm himself and return to the Capitol
| with the purpose of avenging his wrongs,
| real or fancied, by using that pistol upon
| Taulbee when he had opportunity, or did
| he arm himself for the purpose of pro-
tecting himself from danger to his life, OF
| danger of serious bodily harm appre-
| hended from Taulbee?
''lf the former, then the homicide was
| murder, unless you believe that the act
was done in the heat of passion excited
by the assault and proyocation at the east
| door, which passion, if excited, had not
cooled, or had not had time to cool, i'm
| which case the homicide would be man.
slaughter. If the latter--that is, If hC
armed himself for the purpose of self
protection and returning came acros.
Taulbee on the stairs, and Taulbee made
an assault upon him, and you believe
loss of life, or the danger of great bodily
harm, or that the accused had reason tC
| believe and did believe that he was in
such danger, and fired the fatal sho
under such circumstances, the act woult
be an act of self defense, and the homicid,
excusable, even if in fact he was not il
| such danger"
Bradley SAID: ~ will tell you also that in
stead of its being the law that man wht
is apprehensive of an assault, or one whC
is actually assailed (unless the assault 4
so fierce and dangerous that he canno
safely retreatD, may stand his ground ant
kill his adversary, the law is-and il i
not relic of barbarism, as it has beeI
termed during this trial, but il has beel
the common law for centuries, and is still
the sentiment of an advanced Christian
civilization-that it is the duty of n MAJ
to avoid personal difficulty, and If he /
assaulted and can safely retreat and evad
the encounter it is his duty to retreat, an,
that il is only when violence is necessar,
for his protection from personal iniur,
that he may lawfully use it. The law re
CARDS human life as sacred. Ii may no
be taken lightly or wantonly, or in an,
case unless IL is one of real or apparen
necessity"
Continuing, Judge Bradley said: "Yol
must ever bear in mind that the law sur
rounds the accused, always and through
ont the case, with the presumption tha
he is not guilty, and that this presumr
ton does not yield to anything short o
proof beyond reasonable doubt that h
is guilty. If, therefore, the evidence il
the case should not satisfy you beyond
reasonable doubt that he is guilty eithe
of murder or OF manslaughter il would b
your duty to return verdict of no
guilty.
When the Judge finished his charge tn
jury and the counsel retired from TN
court room. The friends of the accuse
and Of the deceased remained in antlcipl
himself walked into the hall and Chalte
freely with his friends. He did not seer
to anticipate that any verdict would b
returned against him.
Soon after going out the jurors ser
Bailih Joyce for cigars. In the meantinl
Judge Bradley announced that he woul
go home to dinner and return as soon g
possible. On his return the jury throug
their foreman, Mr.. Thomas Ryan, ri
turned their verdict of mot guilty"
No sooner had the announcement bee
given than Mr.. Kincad was surrounde
with friends who wanted to shake han,
with him. There was considerable e.
element regardless Of the repeated war;
ings of the bailiffs. Mr.. Kincaid shoe
hands with the Jurors and thanked then
, Marshal Ransdell, fearing that in Il
excitement created by the rendering of
verdict, especially if it were one Of Il
quittal, there might be a conflict in Il
court or its vicinity, stationed his deput
in the City Hall in such way as 10 enab
them to prevent the two parties fro
coming together, II proved, however
be unnecessary, as there We're no hosti
demonstrations from any source,
Bengal's Disappearance.
The unexplained disappearance of Wi
liam Bengal a middle-aged German cat
= net-maker, which received attention
. last Tuesday CRTIc is still involved
mystery.
Inquiry to-day in places where he vi