The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1893-06-24

tatior and Gel beration and without malice ex-
press or implied. and that such killing WAS
either voluntary upon . sud en- heat OF tuvot.
unfairly, but In the commission o. some unlaw-
full oct, you should dnd tne defendant guilty OF
manslAughte5.
II from the evidence you have . reasonable
doubt OF the guilt Of the defendant OF murder
In the first degree, murder in the second oegsee
or granddaughter ~ just defined. you will md
the defendant not guilty. The court b ~ In.
structed you that justina bio homicide u the
killing OF . human being in defense OF
ones self against one who manifsstly from
reasonable appearances intsnds or sndeavoss BY
violence % either kill or intlict some great
bodily harm or Injury upon the pesson killing.
A bare fear OF any OF these offenses 10 not cum
cient to justify the killing Il must appear thai
the circumstances were sufacient 70 excite the
fears Of reasonable pcSsou and that the party
killing acted under the influence OF such fears.
The court instructs you that the Law 10 II .
person 10 assaulted in such . way ~ TO induce
in such person reasonable belief that abe 10 in
actual danger OF losing her life or OF suffering
great bodily harm she will b justtned In de-
tending herself although the danger b not real
but only apparent; such person will not b
held responsible criminaily II she acts In SELF
defense from real and honest convictions a. 70
the character of the danger Induced BY reason
able evidence although she may b mistaken -
to the extent of the actual danger.
The court instructs you that - . matter OF
law that Is, If . person mas capacityand reason
Suficient 10 enable him to distinguish bet Seen
right and wrong ~ TO the particular act In Quss-
ton; that 10. II he has knowledge and II con.
scious that the act he 10 doing 10 wrong and
would deserve punishment-he 10. in the eye OF
the Law, Of sound memory and capable Of COM
hitting crime, and in this case. II you believe
from the evidence, beyond . reasonable doubt.
that the defendant fired the fatal shot that re-
suited in the death OF the deceased, that ct the
time Of firing such shot she vas able
to distiuguish right and wrong, then you cannot
acQuit her on the ground OF insanity. On the
other hand. gentleman, IL you believe from the
evidence that at the time the fatal shot was
fred. the defendant was 90 far affected-her
mind and memory-that she was not abe to dis
tinguish right aud wrong, ana had not knowi.
edge and understanding OF the character and
consequences OF her oct and power OF will to
abstain from II, then she 10 not legally re.
sponsiole being. and you should md her not
guilty.
You are instructed that the law prssumes'
that this defendant IL innocent: 10 not guilty -
charged in this fnformation, and this presump-
ton should continue and prevail In your minds
until you are satisfied BY this evidences beyond
all reasonable doubt of her guilt: aud acting
upon this presumption you should acquit the
defendant unless constrained to find her guilty
beyond all reasonable doubt
You should not convict her upon suspicion,
however strong, or simply because there II .
prepondefance OF all the evidence tends 70 show
guilt, or simply because IL 10 moro probable that
she 10 guilty than innocent; the evidence must
so farther and satisfy you of her guilt beyond
all reasonable doubt before you are justified In
finding her guilty.
The presumption OF innocence which the law
throws around defendant accused Of crime 10
not . mere form, to be disregardsd by the jury
at pleasure. but It 10 an essential. substantial
part OF the law OF the land. aud binding on the
jury in this case: and IL II the duty Of the jury
to give the defendant the fall benefit OF this
presumption and acquit the defendant unless
you feet compelled to dnd her guilty ~ charged
by the law OF the land. and the evil
dencs In the case convincing you OF
her guilt beyond . reasonable doubt
tons, Is that state OF the case which, after full
and fair confederation of all the evidence In the
case, leaves the mind OF tho jury in that con-
dition that they cannot say they feel an abiding
conviction to moral certainty Of the truth Of
the charge.
You. gentlemen. arc tho sole judges OF the
facts In the case.
You also are tho sole and exclusive judges OF
the degree Of credit you will give to the tcsti-
inouy OF the witnesses who have testified before
you.
You have listened patiently to the evidence
a. the same has been stated by tho witnesses:
the prosecuting attorney and his assistant have
ably and earnessly presented to you the cause
OF the state: counsel for the defendan, with no
less abli,ie. and earnestness. have presented to
you the cause OF the defendant: the case 10
with you; return such verdict g your con.
(Conttaned on Page