The times. [volume] (Richmond, Va.) 1890-1903, 1898-11-20

s-That In every case Of killing upon
pr0y0catl0n, how great sOever this pro-
vocation may have been. il the killing be
committed deliberately and upon revenge
and a sufficient time has elapsed AFTER
the prOyOcation. for passion 10 cool ana
reason 10 interpose then such killing -
murder, for all deliberate killing upon
the principle of revenge f. murder NO
man under the protection Of the law Is 10
be the avengcr Of his own wrongs.
lO-The Jury are instructed that they
have no right 10 disregard the testimony
of a witness upon the sole ground that
he is the defendant in the case on trial,
and stands before them charged with she
commission OF crime The law pre-
sumcs him 10 be innocent until he Is
proved guilty beyond reasonable doubt
and allows him TO testify on hIs own be-
half and The jury should fairly and I'M
partially consider his testimony ana test
il in tho same way as that Of any other
witness. and determine from his manner
and appearance IN testifying and his ca
paclty 20 discern the truth, ana bis IN
t,rest I'm telling or COnceaAug 3D., how lar
h. should be believed.
1.-THE court lnstructs the jury that
the law presumes IN. defendant 10 be
innocent until he ls o.early and conciu-
sively proved guilty beyond all reasonable
doubt. and. if there IS upon the minds
of the jury any reasonable DOUBT OF inc
defendants guilt. the law makes It their
duty 10 acoHf HIM and that even h
there were suspicious of probability OF his
guilt however strong. they would not
be sufficient 10 convict nor would IT be
sufficient II the greater weight or pre-
pOnderance of evidence supported the
charge I'm the indictment, nor that, upon
the doctrine OF chances, II we're more
probable that the defendant ls guilty.
but TO warrant his conviction. his guilt
must be proved so clearly and conclusive
~ that there is no reasonable theory
uoon which he can be innocent 4 reas-
enable doubt as used I'm these instruc-
tons. means that state OF mind. which.
after a full comparison and confederation
Of an the evidence leaves the minds OF
the Jury I'm that condition that they can
NOT saw that they feel an abiding faith,
amounting 10 a moral certainty from Tie
evidence IN the case that the defendant
is guilty OF the charge as laid In the IN
dlctment.
1g-The court instructs the jury that
I'm this case the law raises no presump-
ton against the prisoner. but every pre-
sumption Of the law Is in favor OF his
innocence: he rests secure in that pre-
sumption until proof is adduced which
establishes his guilt beyond reasonable
doubt. and in order 20 convict him or tho
crime alleged IN the indictment, every
material fact necessary 20 constitute tucn
crime must be proved beyond a. reason
able doubt: and If the jury entertain any
reasonable doubt upon any single fact or
element necessary 20 constitute the crime
II is your duty 20 give the prisoner the
benefit OF such doubt. and acquit him.
13-The Jury are instructed as matter
of law that II a person fears ana faS
reasonable cause 10 fear that another ~
tends 10 kin him or do him serious bodliy
harm. and IS prepared therefore win
deadly weapon and makes demonstration
manifesting an intention to commence an
attack. then the person so threatened
has the right to stand and defend him
self and II in so doing. II Is necessary
or upon reasonable grounds. II appears
to be necessary, TO XIII his assallant, 'hs
killing IS cxcusable upon the GROUNDS OF
selfdefsnce.
But the bare fear OF death or serious
bodily harm 20 a man. however honesty
and seriously entertained will not JUST
Il, him in killing another and there must
be some act by the assailant threatening
present peril. or something in the attend
ing circumstances which indicates a pres
ent purpose to make the apprehenGed at
tack.
The act 60 Cone or circumstance mus
existing. must be Of such character as
10 afford reasonable ground Tor behey-
ing there. is a design 10 Kill the defendant
or do hin. serious bodily harm and lmmi-
nent danger Of such design being cat'.od
into immediate execution. Inder these
circumstances the killing VII be jusi'-
fable although Il should afterwards turn
out that the appearances were deceptive
and there was In fact no design 10 kill
the defendant or DO him serious bodily
harm.