Evening journal., 1894-09-27
AWAITING THE VERDICT.
Jury in the Faino Murder Case
Charged BY Judge Lore.
THE EsTATEFAILs TO PROVE MuRpER
and the Chief Justice Instruots the Jury
to Bring In Verdict of Not Guilty In
the Case of the Boy Chambers.

49, 1f-"S - AAR 1NH CAAhAAtAas
The Court of Oyer and Terminer met at
10 o'clock this morning with Michael
Faino in the dock. There WAS large
number OF lawyers present to hear
Chief Justice Lore charge the jury
which was to decide whether the slayer
Of Ruvs was to live or die.
At 10 05 o'clock the chief justice began
the charge, and before 1915 clock he
had concluded It, He said, in part;
IF the jury is satisfied from the proof
that the prisoner, at the time of the
homoeide, stabbed or cut the deceased
with the knife produced in this case,
which is deadly weapon, with the in.
tention to kill him, in pursuance of
sedate and deliberate mind and formed
design to take his life, or to do him some
great or severe bodily injury, although
such design may not have been formed
until the precise time Of killing, he
would be guilty of murder with express
malice aforethought aud of the first
degree under our statute. and your YER
dict should be, Guilty in manner and
form as he stands indicted.
1T is claimed by the defendant. that
by reason Of intoxication, the condition
OF the prisoners mind aud his mental
capacity were such, that he was unable
to form specific intent or deliberate
design to kill the deceased, and that
therefore he is not guilty OF murder OF
the frat degree Such a defense when
set up must be proved to your satisfac-
tion. As general rule. drunk
enness is no excuse for murder or any
other crime whatever This rule
has been relaxed under the rulings OF this
state, to the extent that drunkenness
may reduce the grade OF murder from the
frst TO the second degree La order to so
reduce the grade OF the crime, you must
be satisfied that the prisoner was SO
drunk as to be utterly incapable Of form.
ing a specific intent, or deliberate design
to kill. II you are satisfied from the
proof, your verdict should be, not guilty
in manner aud form as he stands indicted
but guilty of murder Of the second degree.
lit is further urged on behalf OF the
prisoner that his crime Is only man.
slaughter, for the reason that the de.
ceased had previous to the killing made
an.asssult upon the prisoner in an al
tercation between them Ia another house,
and that the prisoner. while in the heat
Of passion, oceasioned thereby. killed the
deceased before his passion had time to
UPSIDE and reason to interpose.
III you are satisfied that the prisoner
killed the deceased in a sudden brawl or
quarrel, under provocation, ia the heet OF
passion, without time for reflection or de-
liberation, and without cooling time, then
your verdict should be guilty OF man
slaughter In order TO reduce the offense to
manslaughter, however, you must be salts
fed that the death wound was given
upon provocation, in a sudden brawl or
alteration between the prisoner and the
deceased, and in the heat Of passion
without time for reflection and dslibera.
tion and without cooling time Where
death is produced by deadly weapon, as
/ in this case, the provocstion must be very
great to reduce the crime to manslaugh.
ter. No mere words, however insulting
no defying gestures or weak assault,
will constitute such provocation"
BailiH Raney was sworn and the jury
retired at 10 10 The prisoner was taken
to the cells below to await the verdict.
George Chambers on Trial.
The following jurors were drawn to
/ try George Cham bers, a small colored
/ boy, for msnslaughter: Thomas III LIZ.
| fevre William Green. Patrick Fahey,
/ Frank Mccoy, James w Green, John |
Boyle, j. Howard Webb, James Edwards,
William H. Tush, Denny Smith, James
McCray, and John Wood. George O.
Bratton was challenged by the state
/ George W. Palmer and Nathaniel New
man were excused.
Deputy Attorney-G General Giles con-
dueted the prosecution. Ex Deputy
l Attorney General Thomas Davis wal
assigned counsel for the defense anC
made on earnest effort to save the littl,
| fellow
In opening the c,se the deputy attorney
| general said;
"On the fourth day of last August
this boy and boy named Charles Brown
were in barn in Appcquinimink hun
cred, near Townsend. Catharine Brinck
ley grandmother OF Charles Brown, wal
moving around the house when she hearC
pistol shot la the barn. She heard hel
grandson exclaim, He has shot me
he hBs killed mel The prisoner
ran out aud down towards the woods
stayed there for awhile and ther
returned TO the house. After he GA
arrested he admitted to two witnesses
that when Charles Brown was killed b,
had the pistol pointing at him He ii
not indicted for murder, for the stat,
does not claim that he intended to xii
him he 10 indicted under the statute
which makes it manslaughter for on,
person to point q pistol at another anC
allow 1t to GO off producing death. Tn,
boy died next day,
The state called Casa and Catharin,
Brincklsy, grandfather and grandmother
of the deceased boy Andrew E Skagg
Constable William E. Duhad way, DR.
Thomas A. Enos, Dr. James Walker and
others, the whole effort being to show
that the prisoner had purposely pointed
the pistol ct the deceased.
"If 1t pleases the court, said Mr.
Davis, when the state rested, ''this Is al
indictment charging the prisoner at th,
bar with Intentionally pointing pisto
at the deceased, and / submit to you
honoFs that there has not been one wore
of evidence to show or TO prove thai
allegation as alleged in this indictment
That be shot him is in proof; that h'
said that he shot him accidentally an,
that 1t was pointed at him is also II
proof. but submit to your honors tina
the admission that it was an Academia
shooting does not substr ntiate the 81