The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-05-13
JURY Is HANGING
TWELVE MRN CAN'T AGREE ON MRS
LE0NARD'S CASE

Went to Bed at Midnight Unable to Arrive
at q Verdict-NearIy All of Yesterday
Devoted to Oratory-stanIey and Davis
Make Fine speeches-Amidon and Comfy
Argue With Force But Were Little
Too Bitter Without Cause.-The Defend
ant Didn't Faint When She Saw her
Husbands BIood-Day In Detail.
At exactly 6 O'Clock last evening the
Jury in the Leonard murder case was
put in charge of Baliff Lee Cone and
sent to their room TO make up YER
dict.
As they filed out Mrs. Leonard watch
ed them closely, for the next time they
return into the court room 1t will be o
announce her fate or TO announce their
own disagreement. The glance she gave
at her lawyers when the door Of the jury
room closed was fun Of meaning
The last day of the trial was one of
oratory, as only a few witnesses testi-
ed in the morning and their evidence
was unimportant.
The attendance vas very large all
day and ladies preSumlnated. Judge
Dale held reserved seats in front of the
bench for the lady friends of Mrs. Dale
and they listened attentively ali
through the time occupied by the
speeches. All the testimony was in by
1890 O'Clock and then Judge Dale read
the following instructions TO the jury.
INSTRUCTIONS OF THE COURT.
Omitting the title OF the cause of ac-
ton, the instructions Of the court are
as follows:
Gentlemen of the Jury-The informa-
ton in this case charges in the first
count thereof that Irene Leonard, Nor
viii Williamson and F. N. Williamson
at the county of Sedgwick, in the state
OF Kansas. and on the 18th day Of No.
Ven1ber, 1895, did then and there wiIlful-
ly, feloniously, unlawfully, deliberate ly,
premediately, on purpose and OF malice
aforethought, make an assault in and
upon one II. H Leonard, and that they,
the said Irene Leonard, Norvill Will
hanson and F. N. Williamson, then and
there, With a certain iron hatchet hav-
ing a wooden handle, which hatchet
they, the said Irene Leonard, NorviH
Williamson and F. NJ. Williamson, in
their hands then and there had and held
then and there unIawfully, wiIlfully,
feloniously, delibera tely, premediately,
purpOsely and of their malice afore-
thought, did strike said H.H Leonard in
and upon the left side of the mead. the
front part Of the neck, arms and legs
Of him, the said II. H. Leonard, then
and there with said Ratchet, by the
strokes aforesaid, mortal wounds of
which said mortal wounds, he, the said
n. Leonard, instantly died. That the
said Irene Leonard. Norvill Williamson
and F. NJ. Williamson, the said h H
lrAOnQr1 in fhn nj
said, then and there unlawfuIly, will
fully. deliberately. premediately, pur-
posely, wickedly and Of their malice
aforesaid thought, did kill and murder.
The above named defendants are
charged Jointly in the informa ton. and
as each has asked and allowed a seper-
ate trial, you are therefore now only
trying the defendant. Irene Leonard.
WHAT CONSTITUTES MURDER
The allegations in the first count of
the informa ton constitute the charge of
murder in the first degree.
Murder is where a person Of sound
memory and discretion unlawfulIy kills
any reasonable creature in being in the
peace OF the state with malice afore-
thought, expressed or implied.
Express malice is where one kills an
other with a sedate, delibera te mind or
formed design, being evidenced by ex-
ternal circumstances, such, for instance,
as lying in wait, antecedent threats,
former grudge and concerted scheme TO
do the party some bodily harm
Implied malice is where the killing Is
effected by any deliberate or premedi-
ated cruelty, which evinces a desire to
take human life without present provo
cation, maliciously, that is with malice
atorethought, said malice aforethought
being depraved condition of the mind
as shows total disregard Of social duty |
and heart bent wholly on evil.
In order to constitute murder in the |
second degree, as applicable to the |
charges in this case, the killing must |
have been done purpOsely and malic- |
iously, but without deliberate or pre- |
mediation. and the killing must have |
been done also with malice aforethought |
Tor such malice is an ingredient in both /
degrees of murder.
by the statutes Of this state every |
murder which shall be committed by 1
means Of poison or lying in wait or by |
any kind Of willful, deliberate or preme- /
dated killing, or which shall be COM
mltted IN the preparation of an attempt |
10 perpetarte any arson, rape, robbery. |
burglary or other felony. shall bedeemed |
murder in the first degree. And every /
murder which shall be committed pur-
posely and maliciously, but without de- \
liberation or premediated, shall be |
deemed murder in the second degree.
SO that very charge in an infor1na ton
Of murder in the first degree. includes |
the lesser crime OF murder in the second |
degree. In order, therefore, 10 consti-
tute murder in the first degree as appli-
cable 10 the charge in this case. a design
must be formed to kill willfully, that is.
on purpose or with intent chat the act
by which the life of q human being *
taken. should have that effect in contra
dictiOn TO having been the result Of &C
in law meaning inten-
tionally, purposely and not accidently-i
deliberately means Weighing in mind. TO
consider and examine the risk for and
against a measure in order 10 form an
opinion thereof; the word premediately
means to think, 10 revolve in the mind
beforehand or to contrive and design
previously. II is not only necessary that
the accused should plan, contrive or
scheme as 20 the means or manner OF
the commission Of the alleged deed; but
that he should consider different means
% accomplish the alleged act, and must
weigh the modes Of consumynation
which his previous meditation has sug-
gested and determined. which is most
feasible To constitute elaboration or
premediation, however, Il Is not neces-
sary that they should precede the kill
ing any great length OF time. but II is
sufficient If they actually existed. how
ever short the time of their existence J
may have been
You sre instructed that It is incunl-
A--1zz1.-..s..z.Nzzz -
Awarded
N4irhac% Hono-c XVorId's Fair