The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1896-02-11
HARRIS MURDER TRIAL
Judge Hinton, for The State, Delivers a
SCathlng ArraIgnmant OF the Prisoner.
HR.RAAILTOA REPLIESfOR THE DEFENSE
Judge hullcn's Exhauntfvc Instruc.
tions TO the Jnry-Mr. Mc1Ilwninc
WALL Close for the Deiense To.,nor-
row-Case VIII Probably Go To tho
Jury Some Time Tonight.

Petersburg. Va. Feb. 10.-(SpeciaD-
The trial OF r. H. Harris. Jr.. for the
murder OF w. F. Mallory on the 23d da;
of October last. was resumed in the
Hustings Court this morning at 1890
o'clock. After the court had been OPEN
ed Judge Mullen gave the following
instructions to the jury:
The Court instructed the jury as fol-
lows:
|. The law presumes every per-
son charged with crime to be innocent
until his guilt is established by the Com
monweaith beyond n reasonable doubt
and the presumption of innocence goes
with the prisoner through the entire case
and applies ut every stage therein.
:. The jury are the exclusive
judges as TO what facts are proved, and
as to the weight and character of the
testimony. If, therefore. a reasonabl
doubt of the guilt of the prisoner cun be
raised by the evidence or by the inge-
nuity OF counsel. upon the whole case, or
as TO any fact essential to prove the
charge made against him in the indict-
ment, IL is their duty TO give the pris-
oner the benefit of the doubt and to find
him not guilty. 1t is not sufficient that
the evidence creates a suspicion of guilt
The accused is entitled to an acuuittSl
unless the fact of guilt is proven to the
exclusion of every reasonable hyno-
thesis OF innocence.
3. Murder is the unlawful killing
or another with malice aforcthought
which may be expressed or implied, and
Is distinguished as murder in the first
and second >dcgrce.
4, Expressed malice is where n
person kills another with a sedate de-
liberate mind and formed design. 1t Is
implied by Inv from any deliberate
cruel act committed by one person
against another suddenly. without any,
or without any considerable provoca-
ton.
8. Every homicide is presumed in
law To he murder in the second degree
and in order TO elevate the orfense To
murder i'll the first degree the burden of
proof Is upon the Commonwealth; and
to reduce the offense to manslaughter
or TO justify or excuse the act. The bur
den Of proof is upon the prisoner 1t is,
however. the duty OF the jury to consider
the whole testimony. and ascertain
therefrom whether the prisoner has been
guilty of murder in the first degree or
murder In the second degree. or man
slaughter, If either of them. or whether
the homicide was cxcusable or justifin-
blc
6. TO constitute murder In the
first degree the evidence must clearly
and distinctly prove beyond any rca-
sonable doubt, that the prisoner was not
only melted to the killing OF the de-
ceased by malice, but such killing must
iltNt Dceu IL WllluI, ucllDeFalc anu pre-
meditatcd act on the part of the pris-
oner: in other words. at the time of
the killing the prisoner must have dis
tinctly understood what he willcd and
intended to do: he must haze also re-
flected, and delibeiatcd. anu prcmedi-
tated that he would kill the deceased.
or do him some serious bodily harm,
the probable result of which would be
death.
I. But 1t is not necessary that the
premeditated design to kill should have
existed for any particular length of
time. If. therefore. the accused at the
time he drew and levelled the pistol
then formed the design to kill. and did
kill the deceased without any or upon
very slight ton, then or very re-
Gently received, he is guilty Of murder
in the first degree.
8. A mortal wound given with deal-
ly weapon, in the previous possession OF
the slayer, without any or upon very
slight proVocation is prma face willful,
deliberate. and premeditlted killing.
and throws upon the accused the neces-
slty of proving extenuating circumstan-
Ces.
3. No proocation can render homicide
1ustiiiable or even eXcusable. The low
est grade to which 1t can reduce homi-
eide Is manslaughter. Provocation as a
defense 10 murder must have been such
as was calculated to have deprived the
accused of the power OF self control at
the time the fatal blow was given
10. Murder In the second degree is
when the killing was done from malice,
but without n wilful. deliberate, and
Dremedltated design to kill But the
malice Is presumed from the fact of
killing unaCcompanied with any circum-
stance Of pallimtion or excuse. without
malice, there can be no murder
II. Manslaughter is unlawful killing Of
another without malice expressed or
implied. The presumption cf malice
which makes the homicide murder may
be repelled by the accused, when the
act, though intentional of death. or
great bodily harm, was not the result
of q cool. deliberate Judgment and
previous malignity of heart, but is i'm
putable TO human ingenuity alone
when death ensues from sudden trans
port OF passion or heat of blood, IL
upon reasonable provocation. and with
out malice
If the killing be done In n sudden
quarrell or ARRAY, and no undue advan-
tase be taken by the accused, 1t will be
presumed that the accused had lost the
power OF self control, and the killing
VIII be manslaughter. No words mere
ly, however opprobious, furnish suffi-
cient provocation to reduce n killing
with deadly weapon from murder to
MenslanEhter.