The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-12-10
ArrER NEE ARGuMENTs.

AT the opening Of the afternoon sess-
ION. Mr.. Howard having concluded his
argument ON behalf Of the state. the
Instructions to the jury prepared by the
counsel for each side which had been
passed upon favorably BY Judge Hugus,
were read TO the Jury, by Captain Dow
ener Tor the defense and by Prosecuting
Attorney Meyer for the state.
In effect the defense's instructions
stated: That the law presumes the de-
PENDANTS innocent until guilt Is proved
beyond reasonable doubt; that u rea-
sonable doubt OF any necessary Iaet
should favor acquittal; that a verdict OF
not guilty only means the state mas nor
proved the alleged guilt; that there can
be no conviction simply upon u prepon-
dsrnnce OF evidence: that 1t is not re-
0,,irea OF the defendants to prove them
selves innocent; that the presumption
Of Innocence Is binding on the jury; that
the burden OF proof rests with the pros
eciItIon: there must be more than pre-
pnuderance OF evidence to convict; that
II the killing was without generalization
II a murder In the second degree; that
wilfuI killing without malice Is man
slaughter; that II the McLaughllns
made any hostile demonstration there
must be a verdict of acquittal.
For the state the instructions stated
that the reasonable doubt provision Is
TO shield the innocent, not TO ALLOW the
escape Of the guilty; the presumption OF
innocence holds only until proof OF
guilt Is adduced; murder In the hrst
degree must be premeditated: II the
defendants killed Charles McLaughlin
they cannot be found guilty until 1t is
shown by a preponderance OF evidence
that they acted In self defense: even u
the McLaughlins were aggressors on
otIler occasions, yet II on this occasion
they premeditatedly killed Charles Nc
Laughlln, they are guilty OF murder In
the arst degree.
At the conclusion Of the reading OF
tho instructions, Judge Hugus charged
the tury, and took occasion to refer to
the remarks OF Mr.. Howard that had
been objected to BY Messrs. Dovener
and Boyce. First he brought up the re-
mark that the defendants were no aid
or comfort to their parents, and that u
would be better for them that their
lives be ended now. Those remarks
will not nave any weight with you"
said Judge Hugus. Another statement
BY Mr.. Howard that he had once be-
fore stood before jury and insisted
upon the ueAlu ptiAltt anu tAuueAN -
rirht then and now-thIs. too. should be
discarded by the jurP, said the court.
Mr.. Towards statement that ne had
been approached by the friends OF the
defendants and refused to accept the
task, should also have no weight with
the Jury. The same gentleman had al
so asked the Jury how they could face
the people after bringing In verdict Of
not guilty; this. also. should have no
weight. Concluding. Judge Hugus said
he Tecoffected no other objectionable OBJ
servatlons upon the part OF FIR. How
aru. The court then instructed the jury
in regard to the forms OF the several
verdicts that theS' might select from. In
Guiding first degree murder (hangtngl:
first degree murder With confinement In
the penhentiarV: second degree muir
der; voluntary manslaughter, involun-
tary granddaughter and not guilty.
The Indictment instructions and
forms OF verdict were then handed TO
the Jury and they retired just as the
capitol clock struck the hour OF three.