The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1896-01-31
JURY HANGS
CONTINUED from Fifth Page)


will Williamson and F. NJ. Williamson
at the county Of Sedgwick in the state
of Kansas. and on the 18th day or No
venber. 1895. did then and there wllltuF
ly. feloniously, unlawfully, deliberately
premediately, on purpose and or mahce
aforethought, make an assault IN ano
upon one II. H. Leonard and that they
the said Irena Leonard, NorViu WI
hanson and F. NJ. Williamson, then and
there. with a certain iron hatchet nav
Ing a wooden handle, which hatchel
fhey. the said Irena Leonard, NorVll
Williamson and F. NJ. Williamson, in
their hands then and there had and held
then and there unlawfully, WlIIIu!ly,
seloniously, deliberately, premedlateIy'
purposely and of their malice afore-
thought, did strike said II. H. Leonard
In and upon the left side Of the head,
the front part of the neck, arms and
legs of him the said II. II. Leonard, then
and there with the said Ratchet, by the
strokes aforesaid, mortal wounds OF
which said mortal wounds, he, the said
H. H. Leonard instantly died. That the
said Irena Leonard, NOrvin Williamson
and F. NJ. Williamson, the said h II.
Leonard. in the manner and form afore-
said then and there unlawfuuIy, 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 information, and
as each has asked and allowed a sepa-
rate trial, you are therefore now only
trying the defendant, F. VI. Williamson.
The allegations in the first count Of
the information constitute the charge
IL,
Murder is where a person Of sound
memory and discretion unlawfully 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, deliberate 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 preme-
dated cruelty, which eVinces a desire
to take human life without present pro-
vocation, Tnallciously, that is with NAL
ice aforethought, said malice afore-
thought being a depraved condition OF
the mind as shows a total disregard of
social duty and a heart bent wholly on
evil.
In order 10 constitute murder in the
second degree, as applicable to the
charges in this case, the killing must
have been done purpOsely and malici-
ously, but without deliberation or pre-
meditation, and the killing must have
been done also with malice af0re-
thought, for such malice is an ingredi-
ent in both degrees of murder.
By the statutes of this state every
murder which shall be committed by
means Of poison or lying in wait or by
any kind Of willful, deliberate or preme-
dated killing, or which shall be COM
mitted in the preparation of an attempt
toperpetrate any arson, rape, robbery.
burglary or other felony, shall be deem
ed murder in the first degree. And ev-
cry murder which shall be committed
purposely and maliciously, but without
elaboration or premeditated, shall be
deemed murder in the second degree
So that every charge in an information
Of murder in the first degree, includes
the lesser crime of murder in the second
degree. In order. therefore, to consti-
tute murder in the first degree, as ap-
plicable to the charge in this case, a de-
that is. on purpose or with intent that
the act by which the life OF a human
being is taken, should have that effect
in contradistinction to having been the
result of accident-willfuIly in law
meaning Intentionally, purposely and
not accidentally-delibe means
weighing in mind, to consider and ex-
anime the risk for and against a mea-
n
of; the word premediately means to
think, to revolve in the mind before
hand o rto contrive and design previ-
ously. IT is not only necessary that the
accused should plan, contrive or scheme
as TO the means or manner Of the com
mission of the alleged deed: but that he
Should consider different means to ac-
complish the alleged act, and must
weigh the modes of contamination
which his previous mediate has sug-
gested and determined, which is most
feasible. To constitute elaboration or
premediation, however, it Is not neces-
sary that they should precede the kill
ing any great length of time. but il is
sufficient if they actually existed. how
ever short the time of their existence
may have been.
You are instructed that II Is incun-
bent upon the state. before conviction
can be had, TO prove to your satisfac-
ton beyond a reasonable doubt. that
the crime alleged in said information
has been committed: that the same was
committed by the defendant in the man
ner and form as alleged: that the same
was committed in SedEWick county. in
the state OF Kansas, and that the said
II. II. Leonard was at the commence
d ha
he died by reason Of the assault as
aforesaid alleged TO have been made up
on him.
The defendant is presumed TO be in
nocent Of each and every degree Of the
ofenSe charged against him until the
contrary is proven TO your satisfaction
beyond a reasonable doubt and this
presumption Of innocence remains with
the defendant throughout the trial of
the case until each and every Ingredient
OF the ofcnSe charged has been proven
to your satisfaction beyond = reason
able doubt
BY reasonable doubt Is not meant
q possible doubt. a mere specur3-fan. or
capuous bubble; but a reasonable
doubt Is meant that state Of The case
wherein after the entire comparison and
consldera tion Of all the evidence il lew
IS the minds Of the Jurors in that con7i-.
ton that they cannot say that they feel
an abiding conviction 10 a moral Ger
tainty Or the truth Of the charges. that
Is. 10 q certainty that ConvinCeS and d.
reefs the understanding. and satisfies
the reason and judgment Of those VIII,
are bound 10 act conscientiousIy ur--n i.
II you believe from the evidence be-
yond q reasonable doubt that the al
legged murder was committed hv one NJ
more persons and that the defendant.
F. NJ Williamson. stood by az The time
and conselled, aided or abetted N the
commission Of the crime. or who. not
being present, had advised and en-
NouraEaa he ------,-. s--,-, - - sa--.--