The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1898-12-24

evidence in the case, ana II II be reason
ably possible to harmonic it upon basis
of truth it is your duty to do so; but II
you are unable to do this, then you are
authorized and it is your duty, to reject
such of il as you may think not entitled
TO credit.
If you believe from the evidence that
any witnesses has knowingly and wilfully
testiedfied falsely to any material fact
in the case, you may wholly disregard
tine testimony of such witness, but are
not bound to do so; you may still give the
testimony of such witness such weight as
| as you think it entitled to receive.
! l further instruct you that you cannot
convict the defendant of the crime with
which he is charged unless his guilt is
proved TO your satisfaction beyond a rea-
sonaIbe doubt. In the use of the term
"rea sonable Doubt I do not mean pos
| sible doubt, a mere specula ton or a cap
| tious bubble suggested for the purpose
! of evading the performance of an hon
! est duty, but mean such a fair aud rea-
| sonable uncertainty concerning the truth
! or falsity of any matter or thing which
| would naturally and honestly be suggest
ed to the mind OF any candid and con-
scientous man, after careful and impartial
| consideration OF such matter if submitted
to him for examination and consideration
Or expressed in other language, a rea-
sonable doubt is that state of the case
which, after the entire comparison and
consideration of all the evidence, leaves
the minds of the jurors in that condition
that cannot say that they feel an abiding
conviction to a moral certainty that con-
vinces and directs the understanding and
satises the reason and judgment of those
who are bound to act conscientiously up
on it. And unless defendant has been
proven guilty beyond a reasonable doubt,
as herein explained, then you should ac-
quit him.
Murder in the first degree is where
person of sound mind and discretion IN
lawfully and wilfully, with elaboration,
and meditation, kills any reasonable crea-
ture in being in the peace of the state
with malice prepense or aforetflought, ex-
press or implied.
Murder in the second degree IS where a
person of sound memory and discretion
unlaw1fully, purposely and malfciously,
kills any reasonable creature in being in
the peace of the state with malice pre-
penses or oforethought express or i'm
piled. but without deliberation or pre-
meditation.
Under the irformatio in this case, If
the evidence warrants it, the defendant
may be convicted of murder in the first
or second degree. If you are satised that
the defendant is guilty of one of thess
degrees of murder but have a doubt as
to which degree he is guilty of, you should
civ 2 te,1 afa
and voncist him of the lower degree only.
You will observe from these instruc-
lions THAT the only substantial difference
between murder in the first degree and
murder in the second degree consists in
the fact that 10 constitute murder in the
first degree there must aoe deliberatton and
Fermentation, while those elements are
not necessary TO constitute murder in the
second degree.
Malice. in its legal sense, denotes the
Intentional doing of a rongful act without
just cause or excuse; malice aforethought
may be express or implied Express ma
lice is where one person kill another with
sedate deliberate mind and formed de-
sign, being evidenced by external circum-
stances discovering the inward intention
or generalization; such. for instance, az
lying in wait, anTecedent threats, former
grudges and concerted schemes to do the
party some bodily harm. Implied malice
is where the killing IS effected by any de-
lfberate and meditated cruelty, and evinc-
ing design to take human life, and done
without present provocation And al
though there is this distinction between
express and implied malice, they mean
and express the same condition of mind
In order therefore. to constitute murder
charge in this case. design must be
formed to killed wilfully. that is, on pur-
pose. with the intent that the act by
which the life OF a human being is taken
should have that effect: deliberately. that
is. with a cool purpose: malicious. that is.
with malice aforet bought as 7 have de-
scribed: and with premedftation. that Is.
a design must be formed before the COM
hitting Of the act by which death is pro-
Queer. And in the present case the kill
ing must have been done 10y John Henry
Collins. in the manner charged in the in
formation. and in the county OF Shaw
nee in the state Of Kansas. If any of the
foregoing essentials. namely. malice in
tent. wilfulness. reconciliation. delfber-
alton. design. mode OF killing. or place of
killing is not proved 10 your satisfaction
beyond a reasonable DOUBT. then you
should not ind the defendant guilty.
L perhaps proper 20 define some CHER
words USED in the information and these
instructions, such. for instance as the
word wilfully, which means intentionally.
purposely and not aociGently: the word
deliberate means. as used in these in
structions. weighed in the mind. 20 con
slider and examine the risks for or against
the measure. in order 70 form an opinion
thereon; rhe word prepeditsJe means 20
think or revolve II the mind before hand
and 10 cOnt-iye and design previously To
constitute generalization and deiiberatf ton.
however. il Is nor necessary that they
should precede she killing any great
length 81 tine. but IL Is suficien, il they
actually existed before tsle killing. how
ever shert she time q their existance
may have been
In order 10 warrant a conviction on
ciroumstan1ai evidence each fact necas-
Sary TO ehe conclusion sought 20 be e.
tabitshed mus te proven by competsnt
evidence beyond reasonable boubt- All
the faces mus, be consistent with each
other and with the main faes 70 be proven.
and tae circumstances taken together
must De % n conclusive nature. leading
on the whole. 70 a satisfactory eonciu-
sion. and produce on the Whole a reason
able moral certainty that n. accused
committed the osfenSe charged
\ facsss or many facts proven proven all |
CONSTANT wEch she SUPERSTITION q de-
PENDANTS gailt or uoc sufficient % var
RAM a verdfv~ % guilty. but in order 20
convict on circu1n=santi exidence alone
:: + necessary OK only that ne circura-
stances ali concur - saox Shat the d. /
fendanc committed Tie crime charges. but /