Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1891-05-12

ruled, and he was then called upon to plead
and he entered plea of not guilty, by
which he denies the charge OF which heis &C
cused is true, and that is called an issue.
Then, according to the law, standing on his
Constitutional right, he demanded that
Jury of his peers-of his equals-be called in
to determine whether or not the indictment
that he did slav, kill and murder DR.. George
Baird, is true, and that is your duty here.
Under an indictment for murder in the
first degree this is what this indict-
ment is-a jury may find five possible YER
diets, because murder in the first degree
NAV embrace several minor crimes,
and it is possible that in murder of the
first degree he is not guilty OF the crime. II
"a man unlawfully, feloniously, maliciously
and deliberately kill another, ii is murder
in the first degree If he kill him without
a specific intention to kill him-withoutt the
intent to kill him at the time, he Is not
guilty Of murder in the first degree, but is
guilty of murder in the second degree. III
two men are engaged in mutual contro-
versv-ift they are striking blows, and If the
prisoner, in the heat of passion, caused by a
blow and not by words-and you must re-
member the distinction-if he kill a
man in the heat of passion caused by blows
the offense, according to law, would be
voluntary manslaughter, and he would be
not guilty of murder in any OF the degrees,
because the law provides-and you must
obey the law-that man. engaged IN a
fight aud killing man may not intend TO
do it, and malice is excluded, and IL is
voluntary manslaughter III man accl-
dentally kill another while doing some I'M
lawful thing, it is involuntary man
slaughter, which is mere misdemeanor.
For example, if he shot at dog on the
streets. and killed DR.. Baird by accident,
il would be involuntary manslaughter, be-
cause it was unlawful TO shoot in the
street | can think of no better example at
this time.
"a man may kill another, and be guilty
of no crime at all. A man may purposely
Kill another, and be guilty Of no crime, and
that is because of the great natural rule OF
self preservation, and If you find that,
within the rules prescribed by law, it was
an actual necessity and the prisoner be-
lieved when he fired the shot that killed
DR. Baird-if you find from the evidence
he fired that shot-.there was no way for him
to save bis life, you might determine it was
excusable, and find him not guilty. You
might thus find five verdicts: murder in
the first degree, murder in the second de-
gree, voluntary manslaughter, involuntary
mans aughter, or not guilty.
There is still another consideration II
you find the defendant guilty Of murder in
the first degree you will have discretion
as to his punishment, and yet you will
please remember that the jury has nothing
whatever TO do with the punishment,
whether it be long or short, or severe or
mild. You are simply TO try the issue II
you find him guilty OF murder in the first
degree, the law gives you discretion. II
it is case OF such aggrevation that YOU
feel that it ought to be death, you simply
render a verdict Of murder in the first
degree, as charged in the indictment And,
il YOU should still find him guilty Of muir
der and not SO severe, you simply add to
your verdict as before, making II punish
able by confinement in the penitentiary,
and your decision upon that will DC final"