The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-11-15

drink, the habits of
III the remaining 973
E being unascertained.
"a OF the 6.318~ (6,070
men and 30s women)
IL l,2S2 have been re-
~.ed as total abstainers, $3.50 IS occa-
sces. or moderate drinkers, and l, 267 as
s..,,ual drnnkards. The number of
.,ost iden ticalIy the same. No doubt
sorpe, if not many OF the occasional drink
N are more or less incorporate.
Il is we'll known that criminals are more
S;snosed than other persons to wander
fyam place TO place or to make frequent
.h.nees of residence. OF the 1851 who
-.re charged with homicide, 6.26S (5,908
rea and $50 women) were imprisoned in
-. state in which they had their resi-
denoe. and s6l 1888 men and % women)
-.re imprisoned out of the state.
The number of prisoners charged with
h.r;cide who served as soldiers in the
civil war was 4o5.
The number known to have served q
,,evious term in prison was 534 (5l9 men
men and Is women.
Inquiry as to the health of these prison.
-. led 10 the return Of 600 i'll, 2S3 insane,
q blind. IA deaf mutes. Is idiots and 263
crippled.
The common Law OF homicide has al
mos, wholly been superseded in the United
States BY statutory enactments. No per-
,ecsly satisfactory definition either of MUIR
der Of mansiaushter is possible.
Homicide is defined in the penal code
MSev York to be "the killing of human
hing by the act, procurement or omission
of another The codes of several states
contain sdeclaration that 1.-THE killing of
Amman being without the authority of
the hs is either murder. manslaughter or
ercusabIe or justifiable homicide, accord
fus 10 the facts and circumstances of each
case"
Excusable or justifable homicide is no
osense, and involves no penalty. Feloni-
ous homicides fall under one or the other
Of two descriptions. murder and man.
Slaughter. The only state In which man.
slaughter Is not recognized by name is the
tsrritory of New Mexico. where five de-
frees of murder are Disseminated from
each other. Of which the lower three
would elsew here be called manslaughter,
The three principal questions which
may be raised as to any act of homicide
are those of intention, deiiberation and
malice. Subordinate to these are those OF
the rights OF the aggressor and the victim,
respectively The guilt Of the perpetrator
mar be aggravated by the fact that he was
4 the time of the homicidal act engaged
b the commission Of or attempt to COM
nit some unlawful act other than homi-
Dr. -,ru hx-d tf,rsv, fah cd nv a
DAT the victim was engaged in some I'M
lawful act. Thus, in Illinois, Tennessee
and Georgia, to constitute a homicide
murder 1t must be the killing of human
being "in the peace of the people" or Sin
the peace of the state"
Malice and passion are supposed by the
law to be states of mind which are mutu-
ally antagonistic and exclusive OF each
other. Broadly speaking, killing with
malice, or. as it is ordinarily expressed.
with malice prepense" or ''malice afore-
thought. is murder. while killing in the
heat Of passion is manslaughter. Malice
may be presupposed in certain cases. De-
liberation presupposes malice, because 1T
allows time for passion to cool. Certain
forms Of homicide necessarily involve de-
sign and generalization, because they re-
quire time for their perpetration, such as
murder by means of poison, lying in wait,
Cruel and unusual modes of homi-
eide imply malice. The use of
dangerous weapon suggests malice.
but does not prove it. Grossly
reckless disregard of human life, spring
ihgfrom depraved mind or heart, also
indicates some degree of malice.
lne malice manifest in homicide may be
malice to some person other than the
aciual victim, who may be killed by &C.
Or the killing may not be premeditated.
ana YET it may be murder because done in
tue preparation OF or attempt to perpe-
trate felony.
Retaining these general remarks in
mind. an examination of the statutes will
snow how far they are recognized and
embodied in them.
Murder is not defined by the statutes of
Rhode Island, Kentucky and Louisiana.
New Hampshire, Vermont, Massachusetts,,
connecticut, New York. New Jersey,
pennsylSania, Delaware. Maryland, the
District of Columbia, Virginia, West Vir-
Eslnia. Florida, Ohio. Indiana, Michigan,
Wisconsin, Minnesota. Missouri, Ne
ss,aska. Kansas. Alabama. Wyoming, New
aexieo. Washington and Oregon.
Murder IS defined as 1.-The unlawful kill
ing OF human being. with malice afore-
Naroiina. Iowa. Texas. Montana, Colo
nas. Arizona, Utah. Nevada. Idaho and
California
10 the foregoing definition the words
70 the peace of the state" are added IN
eeofga, Illinois, Tennessee and Arkansas.
IN Dakota ami Mississippi homicide is
~ 49, 70 De murder IN three cases. namely:
~ "hen perpetrated without authority of
~, anu with n premeditated design to
IL gNF -. t-,fl a s.
aay oiher human being: (2I when perpe-
as1ed without any design To effect the
Ss'n OF any individual. but By some act
AahentIy dangerous TO others, and
.hcihg deprayeG mind; 81 when per-
euatei without any design to effect
seath, by person engaged in the COM
ss!:sslon TN Dakota} o. any felony (hut in
slsslssippi, IN the commission of rape,
.'son. burglary or robbery, or in the at
",ap 10 commit sus a felonies)
IN all Of these definitions malice is an
essential feature, except IN the last two.
a.a probably there also in fact, though
ROT IN form.
IN North Carolina murder is not de-
aaea. hut IL is described es ''of malice pre.
ne only states which do not dis,in-
pgh'sa between degrees of murder are
t.neas Island. North Carolina, South Car
,,ssios Georgia. Illinois. Dakota, Kentucky.
NJ. ss'ppl. Louisiana and Arizona.
90 Iiefever this distinction Is incorpor-
~ IN the statutes. deliberate" or pre-
,.u.s.ed' or deliberate and premedi-
ea' malice" or design" renders the
Inic,asi act murder III the first degree.
w Ssw Hampshire, Vermont. New
w maryland Virgins. West Virginia.
.nsasn, Minnesota. Missouri. Wyom.
!, saa New Mexico the word malice"
,n,sa employed. but design" is suhsti-
lie