The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-06-11
CHARGE TO THE JURY.
Explicit aud Unbiased Instructions Give
" Judge

Explicit aud Unbiased Instructions Given
by Judge Cox.
Prosecutor Hoffman concluded the argu-
ment for the State at 11:I5 O'Clock.
and the jury was given few minutes to
walk about the room and stretch their
weary limbs before again seating them
selves to listen to the instr motions of the
court. Before the argument had begun last
Wednesday the defendants attorneys had
submitted to the court some special
instructions which they asked be given to
the jury and the assembled crowd was
ANXIOUS TO hear the instructions and learn
if possible from them what the probable
verdict of the jury, based upon the instruc-
tions. would be.
minute OF two after Mr.. Hoffman had
finished Judge Cox summoned the jury be-
fore him and delivered the following
charge:
Gentlemen of the Jury-1. The indictment in
this case charges that on the 14th day OF April,
1875, in this county and state. the defendants.
John Parker and Edward McAfee. did purposely
and with premeditated malice kill and murder
Charles w. Eyster by shooting him with deadly
weapon, To wit. a revolver pistol. loaded with
gunpOwder and leaden ball. and thereby lnfiict-
ing a mortal wound from which lie died
- To this charge. so preferred against them,
the defendants, upon being arraigned, entered
pleas OF not guilty. and the burden rests upon
the State To prove the material OF the
Indictment beyond reasonable doubt in order
10 Justify conviction.
5. The delendants are Jointly indicted and are
being 50 tried, but you Will have authority, de-
pending upon what facts you shall lind 10 he es-
IaOlshed 10y the evidence-to convict both
acGuit both, to convict one ana acquit another,
or 10 ma one guilty 0f greater anu the other or
a lesser degree OF homicide, in other words. tie
case a IL relates 10 each defendant should be
considered upon its merits.
A. law this stale urOyfdea that. ssWhO
ever purpOsely and with premcditated malice OF
In the preparation OF Or attempt TO perDetrate,
ministcring poison or causing the same TO be
done. kills any human being. is guilty of murder
il the nrst degree and, upon conviction thereof
shall suffer death or be Imprisoned in the State
prison during life. IN the discretion OF the jury
D The statutory provision which have just
set out, defines the highest grade OF felOnl0us
homicide and 10 constitute this crime the ele-
InenJs OF purpose. malice and generalization
must concur In the killing. By reconciliation IS
meant that the slayer. before the killing, had
time and opportunity for deliberate thought; and
II, having these, nc consciously conceives the
homicldal Thought. medltates upon It, and de-
hberatey forms the resolve Ia xiii and does KILL
purpOsely and malicIOGsy no matter how soon
thereafter the act Is committed, 10 Is murder in
g. The law OF this State further provides that
"WhOever purposely and Bahciously. but without
reconciliation. kills any human being. is guilty
Vlction thereof, shall be imprisoned IN the state
prison during life"
4. You Will sec tDuI under Inc statutory pro-
vision defining murder in the second degree
this oiiense Is one where q purpose, design. or
intention is formed by the slayer TO kill human
being, and the act OF Killing is done with malice
but without reconciliation.
&. Another provision OF the law of this State
Is. that Whoever unlawfully kills any human
being without malice, express or Implied. either
voluntarily upon sudden heat. or involuntarily.
but in the commission OF some unlawful act. is
guilty OF mansiaughter, and upon conviction
thereof shall be imprisoned in the State prison
not more than twehty-one years nor less than
TWO years"
statute. is either voluntary or involuntary. II
the killing lie done intentionally, upon sudden
heat. without malice. without lawful excuse.
and before the passion has had time TO cool tho
act is voluntary mansaugher: but II the killing
be done unintenti0nally. but III the commission OF
unlawful act, and without malice. 1t Is invol-
untary manslaughter
10. Malice. within the meaning of the law re-
latIng TO 1elonious Eoncides includes hatred
aud revenge and also denotes an action flowing
from any wicked and corrupt motive. aud ut
tended with such circumstances as plainly midi
cate "a heart regardless or social duty, aud fully
bent on mischief IL may be proved by direct
evidence. such OF prior threats. seeking an OPP
pOrtnnIty TO do the act. or the like. or IL Iuay DO
implied from the act OF killing, II the act Is done
purpOsely. and without legal excuse or reason
able proY0cntion.
IL. a person must be held 10 intend the natur-
NJ and probable consequence OF his acts. and if u
homicide s perpetrated tfy the Intentional use or
deadly weapon, IN such q manner as Ia likely
ton IL that the killing Was malciously done, and
the onense Ia murder. unless the act was COM
mitted in selfdeiepse, In which ease IL would not
be unlawful, or unless it was committed In sud-
den heat. IN which case IL would not be more
than manalaughter
IL. All persons who participate In felonious
homicide, either as actual perpetrators or. being
present At the tune and place OF the homicide. IN