The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-11-29
THE COURTS CHARGE.
The Jury In the DouaIss Case Hears It's
| Instructions Read.

our reader the charge or the court
to the jury in the famous Douglas
murder trial. just now being con-
cluded at Purcell. The charge is
very voluminous and doubtless
covers every phase of the case pre-
sented by the evidence. 1t is as
follows:
In THE UNITED STATES COURT FOR
THE SOUTHERN DISTRICT OF THE
INDIAN TERRITORY, AT PURCELL.
United States VS.. G. B. Douglas
Charge of the court.
Gentlemen of the jury:
The defendant 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 killing of
human being in the peace OF the
United States, with malice afore-
thought, either express or implied.
Express malice is that deliberate
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 consid-
cradle propagation appears or where
all the circumstances of the killing
manifest an abandoned and wicked
disposition.
Malice in connection with the
for a certain condition of mans
heart or mind, and as no one can
look into the heart or mind of anoth-
er, the only way to decide upon this
condition at the time of the killing
is to infer it from the surrounding
facts. The presence or absence of
this mental condition marks the
boundary which separates the two
crimes of murder and granddaughter.
Malice includes not only anger,
hatred and revenge, but every other
unlawful and unjustlfiable motiye.
1t is not confined to ill-will towards
note an action arising from any wick
ed and corrupt motive, anything
done with a wicked mind, when the
fact is attended by such circum-
stances as evinces plain indication
of heart regardless of social duty
and fatally bent on mischief.
Hence, malice may be implied
from any deliberate land unlawful
act against another, however sud-
den, if the unlawful act be of such a
character as to show an abandoned
and malignant disposition.
The statute of the United States
provides that every person who un-
lawfully and wllfully but without
malice shoots another person, of
which shooting such other person
dies, is guilty of the crime of man.
slaughter.
You are instructed that under the
indictment in this case the defend
ant may be found guilty of murder
or Granddaughter or may be acquit-
ted.
If, after a full and careful consid-
Grafton of all the evidence and cir
cumstances and proof before you,
together with the instruction of the
court, you believe beyond a reason
able doubt that the defendant is
guilty of murder, you should then
consider whether or not, under all
the evidence and circumstances in
proof before you, together with the
instructions of the court, he is guilty
of the crime of manslaughteri and,
if upon consideration of the evil
dence and circumstances in proof
you entertain a reasonable doubt as
to whether or not he is guilty of
manslaughter, then you should ac-
quit him.
Manslaughter is the unlawful kill
ing of human being without malice
express or implied, and without de-
liberation. 1t must be voluntary,
upon a sudden heat of passion,
caused by a provocation apparently
6uuCl6uL " lHdhO lAO Pho6IOu IIT6-
sistible, or involuntary, in the COM
mission of an unlawful act or lawful
act without due caution and circum-
spection.
The deliberate intention called
m ,lice aforethought needs be only
such deliberation and thought as to
enable a person to appreciate and
understand at the time the act is
committed the nature of his act and
the probable result.
To constitute malice aforethought,
no particular time need intervene
between the formation of the inten-
tion and the act. 1t is enough that
with the intention to commit the
act. the appreciation of the result
likely to follow appeared to the de.
| An