Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1894-07-19
Trial of Stephen Tcrrill.
CHARGE or THE COURT.

Gentlemen of the Jury: The evidence con-
cluSvcly shows that this defendant killed John
Quirk NJ the city OF Mineral Point, upon the
18th day of last March.
The killing of II human being without the
authority of law, by poison, shooting, stahhing,
or any other means or in any other manner is
either murder, mNnslaughter, or eNcusahlc or
justhable homicide, according TO the facts and
circumstances of each case.
The facts and circumstances OF this ease do
not bring il within the definition of cNcusahle
homicide ms given in the Revised Statutes, and
| it is therefore unnecessary that should cN-
/ plain to you what is cNcusahlc homcidc.a
| The defendant by his ATTORNEYS has, during
this trial, cluimcd that the killing of Quir> was
| iuStiiHble, because done in self defense, and Il
is therefore necessary and important that
should explain to you the law OF self defense us
prescribed 10y our statutes, so far as the same is
applicable TO the facts and circumstances of
i this ease.
The statutes of this state provide, that If II
person kills another, such killing is iustihnble
when committed in the lawful defense of such
person, when there shall he reasonable ground
! to Npprehcnd II de- sign upon the part of his MS
sailant To commit II felony, or to do him some
great personal injury, and there shall be rca-
souablc cause for believing that there IS inn
mncnt danger of such design being accom-
pshcd
You viii perceive that this definition of when
Il man may kill another in self defense, consists
of two clements. both of which must concur, in
order To max" the killing Of human being
iustiliahIc upon this ground:
FH&t The person assaulted must have rca-
sonablc ground to apprchcnd II design upon the
part Of his asSaiIant tn commit n felony upon
| him, or to do him some great personal injury.
Second, The person assaulted must have
| reasonable cause tor believing that there is inn
mincnt danger Of such design being accom-
! plished.
Consider all the facts and circumstances of
the killing of Quirk ms You may find them 10
have been established by the evidence in con
| ncCtion with the law of self defense ms lust
! given, and if YOU then find beyond a reasonable
doubt that the dclendcnt did not Kill Quirk in
self defense, II will be your duty to find the de-
PENDANT guilty of some grade of fconuus hom-
| iCdc.
If you nave reasonable doubt as to whether
Quirk was killed in self defense or not, your
verdict must be not guilty.
Section 1888 of the REVISED Statutes provides
that the killing of II human being when pcrpc-
tratcd from premedtatcd design To effect the
death of the person killed, or of any human be-
ing, shall he murder in the first degree.
If the killing of Qurk was moi Jus; itiabIc I'M
der the law of self defense. and Tcrrll shot him
with prcmcditatcd design To xiii him, and by
such shooting did kill him, TrrriIi Is guilty Of
murder in the first degree.
The words "prcfncditatcd design" used in
this statue do not imply that uhcre must have
been design long formed in the mind of the
slayer before The killing. in order 10 bring the
Staying within murder in the first degree. II
the intent TO Kill is distinctly formed ia the
mind Of the one who Stays the other before the
firing Of the shot that Kills that is ''premedi-
tated design" within the meaning of the statue.
A man is presumed to intend the natural and
ordinary consequences Of has acts, 50 that. IL
one, being armed with revolver, Intentionally
fires II into the vital parts q man, he is pre-
sumcd 10 intend to Kill him, rs that Is the nat
ural and ordinary consequence of such an act.
If you lind from all the Evidence In this case.
| beyond a reasonable douh, that the defendant
shot John Onirk. thereby causing his death,
from prcmedtated design 10 effect his death,
then. no matter what the provocatiOn was or
! what tue surrounding circumstances were, uiI-
less such shooting is Unstable, as explained
in these instructions. he Is guilty Of murder ia
the first degree, and you should SO ind by your
verdict.
| If you are not convinced from the evidence
beyond Il reasonable doubt, that the defendant
s guilty Of murder in the first degree. your yer
diet must be mot guilty unless you lind the
defendant guilty Of manslanghter in the second
! degree under the instructions have given 10
| you at the request Of the defendants attor.
neys
INSTRUCTIONS ASKED by DEFENDANT AND
GIVEN ny THE COUNT
II you thc Jury believe from the evidence
that the defendant, stephen Terrill killed
John Quirk on 4 sudden quarrel without
premeditated and formal design 70 do -,
you must not find him guilty Of murder n
the first degree.
Although you the jury may be satisfied
! from the evidence that the defendant killed
John Qurk yet II you are satisfied from III.
evidence the he had reasonable grounds 10