The herald., 1894-11-22

those witnesses who could have shed
any light upon the transaction, etc."
Mr.. Gage shrugged pleasant acqui-
escence to the charge that he had neg
lected his duty.
Mr.. Guthrie proceeded to state that
as Mr.. Cage appeared during the trial
to know just what Willie Craig intended
to testify to. he probably relied upon
the district attorneys Office for his in.
formation, and that for his own part
whom Mr.. Gage WAS caught mapping"
he would like to be around.
The entente cordiale having thus
been restored, Mr.. Guthrie proceeded to
gather up the loose strings OF evidence
left by Mr.. Jones, and was warming up
to his subject when the hour for ad-
j0urnment arrived.
He will resume at 10 O'Clock this
morning. after which Henry Gage will
close for the prosecution.
POINTS OF DEFENSE.
After arguments are closed volumin-
ous instructions to the jury making about
rs pages OF typewriter manuscript, ON
behalf Of the defendant will be submit.
ted to the conrt. The more important
"The court further instructs you, gen.
tlemen OF the jury. that homicide is
justifable when committed by any per-
son in the lawful defense of his person
when there is reasonable ground to ap-
prehend design to commit felony. or
to do some great bodily injury and i'm
minsnt danger. actual or apparent, of
such design being accomplished.
ha faov nf N oor ioo otOv1 nf a
felony, to prevent which may be law
fully committed, is not sufficient TO jus.
tify il. The circumstances must be
sufficient to excite the fears of reason
able person, and the defendant, when
he shot at the witness, George Hunter,
must have acted under the influence of
such fears alone. 1t is not necessary,
however, to justify such killing that the
danger be actual. 1t is enough that it
be an apparent danger such an appear.
ance to the DEFENDANTS mind and COM
prehsnsion at the moment OF the shoot-
ing as would induce reasonable person
in defendants position to believe that
he was in immediate danger OF being
killed or receiving some great bodily in
jary. R&
Upon such appearances person has
- Aikhv W NV hoh5 WILL ho W hof4 ~
countable, though it should afterwards
appear that the indications upon which
he acted were wholly fallacious, and
that he was not in actual peril.
"The rule in such cases is this: What
would reasonable person, q person OF
ordinary caution, judgment and discre-
seeing what he was, and knowing what
ha "A MI q ior nd
surroundings shown by the evidence in
this case?
'If such reasonable person, placed as
this defendant was, at the moment of
the shooting, would have been justified
in believing himself in imminent danger
of being killed or receiving some great
bodily injury, then the defendant would
be justified in believing himself in such
peril and acting upon such appearances.
III such was this defendants position,
and his apprehension of danger to him
self was an honest one. and the appa-
rent danger was present anG imminent,
he had right to fully protect himself
from such apparent danger. and to the
extent OF taking the life OF his supposed
assailant whether there was actual
danger or not it is enough If the danger
W&og Nv t0O AOAOAb Va bhC pAOObluky hP-
parent to the defendant as reasonable
man.
"Thsreiore, gentlemen OF the jury.
charge you that il the evidence in this
case satisfies you that the shot which
killed the deceased. Emily Craig, was
fred by the deien liant at the witness,
George Hunter. in the lawful defense OF
his own person, as defined in these in :
afv fha,, ia df,fu M s1;t
the defendant. In other words, il you
believe from the evidence that the shot
which killed the deceased was not fred
or, aud her death was accidental. and
you are further satisfied that the de-
feudant was justified in shooting George
Hunter. 1 charge you it is your duty to
render verdict OF not guilty.
Again: 49,
I'm arriving at the intent with which
the act herein complained of was done,
If any, you will take into consideration
rounding and attendent circumstances
and prior opportunities to accom- pile b
such act for instance: If, from the evil
dence, it appears to your satisfaction
that Immediately preceding the time
uon bb0 hiIiiHS Va AIAAy OEhlk, IL al
all, occurred herein, the defendant had
her, then the fact he did not take
advantage OF such previous opportunity
to 80 kill her should be taken into con-
whether or not the defendant did intenC
to kill her as alleged.
Again:
80 kr,k IoC - l.
unlawful killing with malice afore
thought, a malice something more anC
beyond ordinary malice, namely, malic,
aforethought; and before you can con-
vict you muat find that this malice afore
thought existed; malice alone is no
sufficient.
Zone might have malice against an
other to the extent that he would dc
such other an injury, and in the doing o
such other injury the death of sucl
other might result; yet if the one doinl
the injury had no intention of causing
such death, he is not guilty of murder
In other words, there muet be an inten,
that death shall result from the &C
DONE"
W. A. MCGUIRE, q we'll known citizsr
OF Mckay, Ohio. is of the opinion tha
there is nothing as good for children
troubled with colds or Group as Obam
berlain's Cough Remedy. He has use(
it in his family for several years will
the best results. and always keeps
bottle of it in the house. After havinI
la grippe he was himself troubled will
a severe cough. He used other RENE
dies without benefit and then conclude,
to try the children's medicine, and t.