Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1894-10-06

The evidence In the r. NJ. Page
murder trial having been concluded
Thursday afternoon yesterday was
taken up with arguments on the case.
The court room was crowded during
the day with interested spectators, and
during the afternoon there was not
standing room for the crowd which
pressed about the entrances trying TO
hear the speeches.
The arguments were limited to four
hours on each side. Prosecuting Attor-
ney o. S. baltimore led OFF for the
state as the first speaker and made
u strong speech. lie was followed by
b. d. Shropshire for the defense. and
Mr. Shropshire ably sustained his rep
utation as u frst-class pleader. b. NJ.
Camp. for the prosecution, made tell
ing speech.
The afternoon was taken up with
the arguments Of IL. Nj. Furman for
the defense and Colonel r. Nj. wynne.
MIR. Furman spoke first, and his elo-
quence held the great crowd in wrapt
attention, Colonel Mynne closed the
arguments Tor the prosecution in a
powerful speech, in winch mis- distin-
guished legal abilities were conspicu-
Gus.
Judge Harris gave his charge to the
jury, AS follows:
Gentlemen OF the jury: In this case
the defendant, X. Al. Page. STANDS
charged by indictment with the orense
of murder, alleged to have been COM
mtted in Tarrant county on the 18th
day of March, A. ID. 1894, to which
charge the defendant has pleaded not
guilty.
As the law OF the case the court
gives you the following charge:
First" Homicide" is the destruction
of the life of one human being by the
act, agency, procurement or culplble
emission of another.
Second-Noluntary homicide Is homl-
eide committed with the intent to Kill
or lnhlct serious bodily harm upon the
one whose life Is destroyed.
Third-I5yery homicide not excusable
nor justihable is an unlawful killing
within the me aiming of the law.
Fourth-Eyery person with mem
DRY and discretion who unlawfully Kills
any reasonable creature in being in this
state with malice aforethought, either
expressed or implied, IL deemed guilty
of murder. Murder is distinguishable
from every other species of homicide
by the absence OF the circumstances
reduce the offense to negligent homicide
or manslaughter or which excuse or
justifles the homicide.
8. Murder committed upon express
malice is murder of the first degree,
murder committed upon implied malice
is murder OF the second degree. so
when murder has been committed
H.. ,. MI fG
whether 1t Is murder OF the first de-
gree or murder of the second degree,
is. was 1t committed upon express mall
ice or was 1t committed upon implied
malice?
6. Malice in It's legal sense means the
intentional doing of wrongful act to-
ward another without legal Justiiica-
ton or excuse 1t Is state or condl-
ton OF the mind, showing a heart re-
gardless OF social duty, and
fatally bent on mischief, the existence
OF which state or condition is Inferred
from acts done. or words spoken, or
from both acts and words.
Z Express malice exists when one
with a sedate and deliberate mind
and formed design unlawfully Kills an
other, which formed design Is evidenced
by external circumstances showing
that inward Intention. as lying In walt,
concerted schemes to do him some
bodily harm, or any other circumstance
showing such sedate and deliberate
mind and formed design unlawfully
TO kill another, or to innict serious
bodily harm. which might probably
end in the death Of the person upon
whom the same was inflicted.
s, A sedate and deliberate mind i'm
ports that the mind must be sufficient
4 Oh nndlgtnTDnu.
admit of reflection and consideration
on the design and in condition to com
prehend the nature of the act designed
and its probable consequences. The
act must not result from mere sud
den, rash and immediate design,sprlng-
ing from an inconsiderate Impulse,
mission or excitement however unJus-
tofable and unwarranted It may be-
for in such case a sedate and delib-
crate mind Is wanting, without which
there can be no express malice and an
unlawful killing under usch circum-
stances would not be higher offense
than murder In the second degree.
But II the design TO kill is formed in
sedate and deliberate mind, the fact
that such design is executed while the
SLAYER Is under the influence OF rage,
passion or other character OF excite
ment does not necessarily prevent the
killing from being attributable 10 the
preconceived express malice OF the
slayer; If the jury believe from the evil
dence that the killing was In fact due
to and resulted from such express
malice.
o. No definite and specific length OF
time can be defined and fixed by law
within which to form the state or con-
| dltion OF mind constituting express
malice, nor for which such state or
] condition must continue. but II Is sur
firient II It did exist at the very time
| when the homicide was committed and