The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1898-12-02
DOUGLAS MURDER CASE
THE CHARGE OF JUDGE TOWN.
SEND TO THE JURY
In FuII-It is an Elaborate Document
Settling Forth the Law Governing the
Case From Every Standpoint at
which the Jury May View It.

AS SLdCeu III Uu6 AhDMOhEIIE
yesterday afternoon Judge Town
send delivered his charge to the
jury in this case. During the for
nation of the article attorneys on
both sides were allowed to scru-
tinize its contents, and as a result
of this, Immediately after its de-
livery no time was consumed in
words bv the attorneys regarding
its nature or contents. The ora
tOrical battle began at 2: 30 o'clock
Thursday afternoon and will con.
tinue until tonight, when the jury
will retire to form a verdict. The
attorneys who VIII speak, and the
order in which they will speak,
was given this reporter as follows:
Assistant Prosecuting Attorney j.
E. Humphrey, for government;
c. c. Potter, for defense; Emory
Smith, prosecution; J. w. Ownby,
defense; Col. w. j. Johnson, Ok
lahoma, defense; Henry M. Fur
man, prosecution.
Following is the charge of Judge
Townsend to the jury in full:
CHARGE OF THE COURT.
Gentlemen of the Jury: The de-
fendant in this case stands charged
by the indictment with the crime
of murder.
Murder is defined by the law to
be the unlawful and felonious kill
ing of human being in the peace
of the United States, with malice
aforethought, whether express or
implied.
Express malice is that deliber-
ate intention unlawfully to take
away the life of a fellow creature,
which is manifested by external
circumstances capable of proof.
Malice is implied when no con-
siderable provocation appears OF
where all the circumstances of the
killing manifest an abandoned and
wicked disposition.
Malace in connection with the
crime of killing is but another
name for a certain condition of 6
mans heart or mind, and as nc
one can look into the heart or minG
of another, the only way to decide
upon this condition at the time oi
the killing is to infer it from the
surrounding facts. The presenct
or absence of this mental condition
marks the boundary which separ
ates the two crimes of murder anC
manslaughter.
Malice includes not only anger,
hatred and revenge, but ever,
other unlawful and unjusti
fable motive. 1t is not confined
to illwill toward an individual, bu
is intended to denote an actor
arising from any wicked and cor
rupt motive. Anthing done wit
a wicked mind, when the fact is at
tended by such circumstances a
evidenced plain indications of
heart regardless of social duty an
fatally bent ON mischief.
Z Hence, malice may be implie
from any deliberate and unlawful
\ act against another, however sud
den, if the unlawful act be of sue
character as to show an aban
dOned and malignant disposition.
The statute of the United State
provides that every person who un
lawfully and willfully but withou
malice shoots another person, c
- which shooting such ether perso
dies, is guilty of manslaughter.
You are instructed that under a
Indictment for murder party az
cused may be found guilty of mar
slaughter, and in this case, if a
> ter careful and dispassionate col
sideration of all the proof and eli
n cumstances iu evidence before yor
you have any reasonable doubt q
to whether the defendant is guilt
: of murder, then you should COZ