The News-Herald. [volume] (Hillsboro, Highland Co., Ohio) 1886-1973, 1891-04-09
m. The Charge so-the Jury.
delivered ~ Judke David r, PuSh 70 III.
FURY in the Lewis case April 4, f09l.l

.a The Charge 70, the Jury. srs-
delivered - judge David r puSh 70 the
FURY in she Lewis case April 4, 1901
STATE OF ONO Trial for Murder
JOHN W. LEWIS. Second Degree.
GENTLEMEN OF THE JuRY:--You have
heard the evidence and you have heard
the arguments of the attorneys, and you
are now prepared to receive the in
structions OF the Court. All questions
of facts in this case you are to decide.
1t is the duty OF the Court to instruct
you as to the law that is applicable to a
case like this, and by which you are to
be governed in determining the ques-
tions Of fact; to state the issues involved
in the case; to warn you against false
issues; to state the clashing contentious
of the parties to the case ; and to advise
you of the use to be made of the evi.
dence introduced, il necessary.
The law you are to receive from the
Court, and not from any one else, and it
is your duty to conform your findings
and conclusions to the instructions,
which the Court may give you.
1t is not unusual in cases like this to
call the attention of the jury to the
magnitude Of the case. 1t is hardly
necessary to do that here. You are in.
telligent men. You must fully under
stand how absolutely essential it is to
the preservation OF that social system in
civilized State that the laws should be
enforced, especially SO in the cases of
acts of violence. Obedience must be-
paid to the laws; offenders must be
punished For nearly week you have
had the prisoner, John w. Lewis, sitting
near you, conscious of the fact that the
issues of liberty and imprisonment for
life, or years, are in your hands,
and il he is innocent he should not be
convicted.
1t is your duty to decide the case upon
the evidence as given by the witnesses,
and the law al given you by the Court,
and not by anything else. You must
exclude from your minds promptly,
manfully and sternly all impressions
which were not made by the evidence
and the law, whether they, were lodged
there consciously or unconsciously. You
are the exclusive judges Of the credibility
of the witnesses, who testified in this
case and of the weight to be attached to
their evidence. In determining the
credibility OF their testimony, you must
take into consideration the circumstances
by which the respective witnesses were
surrounded and the way in which they
testified. If any witness has shown
that he had an interest in the result of
this suit, you should consider whether
his testimony has been controlled or
biased by the fact; you should also con.
slider the manner and bearing of the
witnesses on the stand. Did they ex.
hibit any zeal in stating facts that were
favorable to one side and reluctance to
disclose facts that we're favorable to the
other side Did they eQuivocate or
evade in any way? You should also
look, gentlemen of the jury, at the con-
sistency of their testimony. Which of
the witnesses who testified was most
consistent with himself? Which was
most contradicted by himself? Which
of the witnesses was most corroborated
or contradicted by other, witnesses in
the case, about whose veracity you have
no doubt? Which of the witnesses was
most consistent with other we'll estab.
lished and undisputed facts Iii the case
Now these are the tests which you are
to apply in determining, the credibility
of the witnesses and the weight to be
attached to their testimony.
The prisoner, John w. Lewis. has been
indicted for murder in the second de.
gree; that is for numbering Edward
Elliott; and you are to answer the ques-
ton whether he is innocent or guilty
There are only four possible answers
which you can give to. this question.
You may find him guilty of murder, as
charged in the indictment, in that case
your verdict should be guilty" You
may find him not guilty as charged in
the indictment, but guilty OF man
slaughter; in that case your verdict
should be "not guilty of murder in the
second degree, but guilty of manslaugh-
ter" You may find him not guilty Of
either of these offences. but guilty of
assault and battery or assault; in that
case itshould e"not guilty of murder or
granddaughter, but guilty OF assault and
battery, or assault" You may find him
not guilty of either of these offences; in
that case your verdict should be simply
"not guilty" - 4
Murder in the second degree is COM
mitted in this state when q reasonable
person purposely and maliciously kills
another. Deliberate and premeditated
malice is not essential to the constitution
OF this crime. u.
That Ed. Elliott was killed that he
was killed by q bullet which was fired
from . revolver; that this occurred in
this county and on the 3lst day of July,
1880, are admitted facts.
Tho first question for you to decide is,
Did Lewis cock the revolver and pull
the trigger of the revolver by which the
bullet which killed Elliott was fred
This question is 80 simple and narrow
that it cannot be made palmer by any.
thing I may say.
Before you can find Lewis guilty of
murder in the second degree you must
be satisfied, beyond reasonable doubt,
that he killed Elliott and that he did il
Intentionally and maliciously.
1t is a principle of natural justice as
well as of our law tnat the intention and
act must both concur to constitute the
crime. There can be no murder com.
mitted by anyone when there is no
original intention. The act OF killing
does not make the actor guilty unless
the intention was criminal. This wise,
just and reasonable rule is firmly settled
in the common law, it il recognized and
observed in every enlightened system OF