The times. [volume] (Richmond, Va.) 1890-1903, 1895-03-13

| bcncc tnAt the prisoner ala not 1nttnu u
fire the last shot. but that said shot wa
caused by Parsons seizing the prison
er's pistol. or attempting 10 wrest 4
from the prisoner. they are instructed
that they cannot convict the prisoner
| by reason Of the firing of the said las
shot.
THOSE FOR PROSECUTION.
Instructions by the Court on behalf OF
Con monwealth:
/. That murder is the unlawful killing
OF another with malice. which may be
expressed or implied. and is distinguished
In Virginia as murder IN the first an;
murder In the second degree.
?. Every homicide In Virginia is pre-
sumed by law to be murder In the second
degree; in order TO elevate the offence
to murder I'm the first degree the burden
OF PROOF Is upon the Commonwealth:
and 10 reduce the offence TO mansiaugh-
ter the burden OF proof Is upon the
prisoner
). To constitute murder. the prisoner
must have been melted to the killing by
malice, and the killing must have been
wilful. deliberate and premeditated act
on the part OF the prisoner: that Is 70
say. he must have willed. deliberated ana
premeditated that he should XII the de-
ceased or do HIM some serious bodily in
jury. the necessary result OF which would
be his death. and from which he died.
But II Is not necessary that the intent
TO Kill. TO II AXE such intent wiifuI. de-
liberdte, and pre.ncditated. should exist
any particular length OF time PRIOR 10
tho actual killing, for II is only necessary
that such intention should come into
existence for the first TIM Of the com
mission Of the act, or at any time pre-
Vious thereto, but on this trial OF the
case the accused cannot be convicted OF
q higher offence than murder IN the sec
end degree.
I. That on a charge OF murder, malice
is presumed from the fact OF the kllllng.
Where the killing e proved and is unac-
cCmpanied with circumstances of pallia-
ton. the burden Of disproHhS malice
is thrown upon the accused
.. That whenever the killing is ~iIfui.
and premeditlted, the law IN
fers malice from this fact.
IHr RULE OF LAW.
g. That the rule Of law is that a man
shall be taken 10 intend that which he
docs. or that which is the necessary con-
sequence Of his act.
7. That mortal wound. given with
deadly weapon in the previous Iossessio
of the slayer without any. or upon very
and throws upon the accused the neces-
sty of proving eXtenuating circumstances.
S. That TO sustain provocatioH as a de-
fence TO homicide. ii must be shown that
the prisoner. at the time of the fatal
shots. was deprived of the power Of self
control by the provocation which he had
received, and in deciding the question
whether this was or was not the case
regard must be had to the character of
the provocaton, TO the nature of the act
by which death was caused TO the time,
If any which elapsed between the pro-
vocation and the act which caused the
death to the prisoners conduct during
the interval and Immediately after the
shooting, and to all the circumstances
tending TO show the state OF his mind at
the time he fired the fatal shots.
WHAT is TO BE ACCEPTED.
.. That if the jury believes from the
evidence that the prisoner. r. a. Good
nan. intending TO shoot the deceased, II.
y. Parsons. made an assault upod said
Parsons, Selling him by the lapel Of his
'oat or collared him for the purpose of
provoking hin. into shooting or attack
ng him Goodman in order that
re Goodman might have pre-
ext for shooting the said Parsons. and
hat the said Parsons, being so provoked,
lid throw his hand backward as II to
RAW pistol, and that the said Good
mai thereupon shot and killed the said
Parsons the said Goodman is guilty of
murder.
10. That no provocation whltever can
ender homicide Justifable or even eX-
usable the least it can reduce 1t to IS
If man kill another sud |
enly, without any. or without con-
iderable provocation, the Jaw implies |
malice. and the homicide is murder; but !
the provocat!on were great and such |
5 must have greatly provoked him, the |
Hing is manslaughter only. But words |
f reproach. how GricvouS soever. are
OF a provocation sufficient to free the
arson killing from the guilt of muir
or.
GoODMAN's RETALIATION.
il. T. the Jury believe from the evil
,nce that the prisoner. +. A. Goodman
HE'D the deceased, II. {. Parsons, by
JASON Of the letter written by Parsons
the Chesapeake and Chic Company,
lted June I, 1894, suggesting accusations
Sainst Goodman in connection with his
hcial conduct as a railway conductor,
len they will take INTO consideration
lie nature. the manner and the means Of
he retaliation by Goodman for the pro-
ocation given by the said letter. And if
icy believe that the retaliation of pun
hment so given by the said Goodman
as beyond proportion TO the provocaton
the said letter. they will consider il
lther the effect Of malignity than of hui
IAN fTailty. and that the crime commit
d by Goodman amounts to murder. not
outstanding such brovocation.
T.. That in every case of homicide
ron provoC alton. how great soeVer this
ovocation may have been, if the hom-
de be committed deliberately and upon
vengc after the provocation and the
pse of sufficient time for passion 10
oil and reason to interpose such homi-
lie will be murder; for i'm all possible
ses, deliberate homicide upon a princi-
c of revenge is murder; no man under
Ia protection of the law is to be the
enger of his own wrongs.
NOT JUsIIfIABLE.
3. The jury are instructed that no
)rds of reproach or accusation, spoken
written, no matter how grieVous so
er they may be, will afford sufficient
ovoCation u free the party killing from
G guilt of murder. and that If they be-
we from the evidence HAT Il. 4. Good
an Killed IA. G. Parsons with deadly
,apon by reason of the contents of the
ter of June I. 1894. written by the said
rsons 10 the Chesapeake and OHIO
iilway Company, the said Goodman is
ilty OF murder, notwithstanding any
ovocat,en contained in said letter.
4. ON trial for murder, the necessi-
whether real or apparent TO the ac- !
sed, relied on TO justify the killing !
ist not arise out of the prisoners own !
sconduct. II being the law that a man
on