The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-04-21

corridor outside Judge Levy's court was
crowded with dense throng of the curl
Gus, and it took whole regiment OF
Deputy Sberiffs to preserve perfect order.
Frederlcks was brought into court early.
handcuffed and closely guarded by three
Deputy Sheriffs. For the first time since
his incarceration the murderer appeared
without the unsightly bandage over his
damaged eye. The change improved his
appearance greatly. and be did not look
The ruffian tn at he undoubtedly is. In de-
meanor he was calm, almost Indifferent,
and chatted with his numerous attend
ants as if no important issue hung upon
the next few minutes.
Judge Levy entered court a few minutes
after o'clock, and without preamble pro-
ceeded to charge the jury.
After reciting the particulars of the
crime with which Fredericks was accused
the Judge warned the jury TO take no no
tice of the fact that the defendant did not
take the stand in his own behalf. The
mans previous record had nothing to do
with the case; the mere fact which the
jury had to decide was, Did he or did he
not fire that particular shot which caused
the death of Herrck?
The question of criminal intent was
then touched upon. I'VE cannot look into
the human mind. or obtain a photograph
of ii, SO as 80 see what its interior work
ings are; so that it is for you TO decide
this question of intent by the circum-
stances of the case" Any witness in the
case who proved false in one part Of his
testimony was to be distrusted in others
but the uncontradicted testimony of one
reliable witness should have its full weight
with jury.
The crime of robbery, or the attempt to
commit robbery, were felOnies, and any
private citizen had right to arrest the
perpetrator of such a felony without a
warrant, and should person engage In
such crime. he must bear all the conse-
queDces of his voluntary act. The law
presumed that any person voluntarily
using a deadly weapon upon another de-
sired in his mind 10 kill that person, or d 70
him grieyous bodily harm. If. therefore,
the jury found that Fredericks in the at
tempt 10 commit robbery shot and killed
Herrick. tie crime WAS that Of murder In
the first degree, and none other.
Judge Levy defined the term reason
able doubt" for the benefit of the jury, and
then instructed them on the various forms
of verdict. In no case was the possibility
of a verdict Of manslaughter suggested.
but the jury received instruction that a
verdict of murder in the second degree
might be rendered, in case the jury did
OF consider that the killing of Herrick
was willful, deliberate and Of malice
aforethought.
The jury retired at 2:30 P. NJ. and thu
spectators Immediately fell to speculating
upon the time of their return. One or two
there were who expressed some appre hen
sion lest Mr.. Colwell'S ingenious theory
for the detense should have awakened a
responsive echo in the breast IF some
kindly disposed Juror, bus the vast ma
jority pooh-poohed the idea, and said that
five minutes ought to settle the business,
and pui the rope round Fredericks' neck
1t seemed scarcely five minutes in the
excitement of the scene, but in reality
eleven minutes passed before the jury filed
into court. The jury was called and asked
if an agreement had been reached. Fore
man C. b. Williams replied in the affirma-
tive.
"What is your verdict?"
1--WE find he defendant guilty Of murder
as charged"
That won't do" said Judge Levy.
"There are only four verdicts which you
can render under my Observation-Disclosures
in the first degree. murder 10 the second
degree with punisi ment fixed a. impris0n-
ment for life, murder in the second degree
and D ot guilty."
Il made mistake in the wording. your
Honor answered. the foreman. I'VE. the
jury, find the defendant guilty of murder
In the first degree. That is the intention
of the jury"
Mir. Colwell took exception 10 the courts
insti uction a this stage and to the manner
in which the verdict was rendered. So the