Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-05-27

and had reason to believe. indicated pur
pose on the part of said Baird to take the
prisoners life, or to do him some great
bodily harm, and that there was reasonable
ground for the prisoner to apprenend
death or some great bodily harm ana,
reason also for him 10 believe that he could
only escape death, or such great bodily
harm. by killing said Baird.
x. 1.-The bare fear that man intends to
commit murder or other atrocious felony,
however well grounded, unaccompanled by
any overt act indicative Of any such inten-
ton will not warrant killing the party by
way of prevention. There must be some
overt act Indicative Of imminent danger at
the time, but the jury will judge whether
the conduct and acts of the deceased,
George Baird, at the time of the shooting
were of such a character as to create in the
mind of the prisoner a reasonable fear that
the deceased intended to commit murder or
other felony, or to do the prisoner great
bodily harm. Apprehension of danger, to
Justify homicide ought to be based not
alone on surmises; but there ought to be
coupled Herewith some act on the part OF
the party, from whom danger was appre-
hended, evidencing an immediate intention
TO carry into execution his threats and de-
signs; and the jury are to judge OF the rea-
sonaole grounds for such apprehension on
the part of the prisoner from all the facts
and circumstances as they existed at the
time of the killing.
XII The Court instructS the jury that,
in law, no words, however abusive or in
sulting, are sufficient provocation 10 justify
a killing or reduce a homicide from MUIR
der 10 manslaughter; therefore the jury
are instructed that even though they be-
lieve from all the evidence, that the de-
ceased, George Baird, used the most
abusive and insulting language toward the
defendant, George l. Garrison, they can
not consider that alone sufficient provoca-
ton to justify the killing.
. XII. The Court instructs the jury that
tbs bare fear that a man intends TO com
nit murder, however well grounded, I'M
accom- panied by an overt act indicative OF
any such intention, will not warrant kill
ing the party by way ofsprevention. In
order to consider the killing done IN self
defense, they must believe from all the
evidence the defendant had reasonable
George Baird intended to kill him
or do him some great bodily harm,
and must likewise believe that at
the time the defendant fired the fatal
shot the deceased was doing some act or
making some hostile demonstration, indi
eating imminent danger TO the defendant, |
and the carrying into effect Of such inten |
tion to kill or indicating present purpose |
to carry the same into effect, and that the |
act or acts of the deceased were such as to |
afford the defendant reasonable ground for |
believing and that he did believe the de- |
ceased had the present design to kill or do |
him some great bodily harm, and was in |
imminent danger of the deceased carrying |
ion m n
When Mr. Howard finished the reading |
of the Instructions y the State, the |
Court instructed the as to the YER
diets which they cou- render under |
the indictment, and the jurors arose
and filed out of the room. The audi
ence remained seated, there being |
no appreciable diminution in the size Of |
the crowd at ten o'clock. AT that hour |
Sheriff Steenrod led the jurors into the |
Court room. The interest manifested |
by the spectators was intense as Clerk
asked:
Gentlemen of the jury, have you
agreed upon verdict?"
Foreman Supler-"We have not"
Judge Campbell then instructed thed
jurors to enter into conversation with
no person regarding the trial, during
the night, and then adjourned Court
until nine o'clock this morning.