The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1896-12-03
THE JUDGES CHARGE.

all cases been fair and impartial, and his
charge to the jury was carefully pre-
pared and very comprehensive. Travis
county should feel proud that she has
such judge on her bench. He reflects
honor upon the county, and his deliver
ance of law and order is ever Just and
impartial. His charge to the jury in this
trial. as delivered at o'clock Thurs
day night, reads as follows:
The State of Texas VS.. Eugene Burt: In
the District Court of Travis County,
Tex, for the Twenty-sixth District
Court, October Term. A. ID. 1896:
Gentlemen of the Jury-In this case
the defendant, Eugene Burt, stands
charged by indictment with the offense
of the murder of Anna NJ Burt, alleged
in the indictment to have been commit
ted by the defendant Eugene Burt in
the county of Travis and state of Texas,
on or about July "a. A. d. 1896.
To which charge the defendant has
pleaded mot guilty"
First-I give you in charge as the law
applicable to this case the following in
structions:
Every person with sound memory
and discretion who shall unlawfully kill
any reasonable creature in being within
this state with malice or forethought,
either express or implied, shall be deemed
guilty of murder.
Second-Murder is distinguished from
every other species of homicide by the
absence of circumstances which reduce
the offense to negligent homicide or man
slaughter, or which excuse or justify the
homicide.
Third-i'he term nance, in its legal
sense, means the Intentional doing of a
wrongful act toward another without
legal justification or excuse. 1t is a con-
dition of the mind which shows a heart
regardless of social duty and fatally bent
on mischief, the existence of which is
inferred from acts committed or words
spoken.
Fourth-Malice which is absolutely
essential to constitute the offense of MUIR
der is either express or implied.
Fifth-All murder committed with ex-
press malice is murder in the first degree.
Sixth-Express malice, which is abb
solutely essential to constitute murder
in the first degree, exists where one with
sedate, deliberate mind and formed de-
sign unlawfully kills another.
Seventh-When an unlawful killing is
established, the condition of the mind
of the party killing, at the time just be-
fore and just after the killing, is an i'm
portant consideration in determining the
grade of the homicide and in determin-
ing whether murder has been committed
with express malice or not, the important
questions for a jury to consider are: Dc
the facts and circumstances in the case
at the time of the killing, and before and
after that time, having connection with
or relation to it, furnish satisfactory evil
dence of sedate and deliberate mind
on the part of the person killing, at the
time he does the act? And do these facts
and circumstances show formed de-
sign to take the life of the person slain
or to inhict ON him some serious bodily
HARM which, in its necessary and prob
able consequences. may result In MS
death, or, do the facts and circumstances
in the case show such n general reckless
disregard of human life as necessarily
includes the formed design against the
life of the person slain? If they do, the
killing, if it amounts to murder, will be
upon express malice.
Eighth-In order to warrant verdict
of murder in the first degree, malice must
be shown by the evidence to have eX
listed; that is, the jury must be satisfied
from the evidence beyond reasonable
doubt. that the killing was a consumma
ton of previously formed design to take
the life of the person killed, that the de-
sign to kill was formed deliberately, witt
n sedate mind. that is at the time wher
the mind of the person killing was self
possessed and capable of contemplating
the consequences of the act proposed tt
be done. There is, however, no definite
space of time necessary to intervene be
tween the formed design to kill and the
actual killing; a single moment of time
NAV be sufficient all that is required il
that the mind be cool and deliberate IL
forming its purpose and that the deslgI
TO kill is formed while the mind is in sucf
calm and sedate condition.
Ninth-When the evidence satisfies the
mind of the jury, beyond reasonable
doubt, that the killing was the result OF
a previously formed design by the de
PENDANT to kill deceased, and that the de
sign was formed when the mind wa:
calm and sedate and capable of contem
plating the consequences of the act pro
posed to be done by him, and such kill
ing is further shown to have been unlaw
ful and done with malice, then the HON
icide is murder in the first degree, ant
your verdict should be rendered accord
ingly.
Tenth-To warrant conviction Of
murder in the first degree, the jury mus
be satisfied by the evidence, beyond
reasonable doubt, that the defendant, be
fore the act. deliberately formed the dc
sign with a calm and sedate mind to Xii
the deceased; that he selected and usct
the weapon or instrument reasonably
sufficient to accomplish the death by The
mode and manner of its use. The ac
"a CIl1nn r. c
and Immediate design, springing from al
inconsiderate impulse, passion or excite
ment however unjustifiable and unwar
rantable it may be.
Eleventh-Now, if you believe from
the evidence beyond Il reasonable doub
that the defendant, Eugene Burt. il
Travis county, state of Texas, on OF
about July "a, A. d. 1896, as charged
in the Indictment. unlawfully, witt
malice aforethought, with sedate anc
deliberate mind and formed design t
kill. did kill Anna NJ. Burt by then ant
and there striking, beating and wound
ing the said Anna Nj. Burt upon hel
head and face with Ratchet or soInt
heavy instrument, thereby fracturing tht
skull and the bones of the face OF sait
Anna NJ Burt, and by then and there
wrapping around the head and body OF
said Anna NJ. Burt q blanket and Sc
surely tying same thereon with rope anc
then and there throwing said Anna Nj
Burt. so wrapped and tied. in a cisterr
nartially filled with water, sufficient tt
smbmerge the body of said Anna NJ. Burt
or. if the said defendant did, with malice
aforethought so kill said Anna NJ. Bur-
by either one or by all Of the means
above enumerated. you will find the de
PENDANT guilty of murder in the firsl