The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-12-14
rrE JuRy's INSTRUCTIONS.
Jusae Tesasene's cAsree To wslter
Murder Trial.

W8E8EE HE8ts
Gentlemen of the Jury:-Tbe de-
fendanfs in this case stand charged
by the indictment with the crime Of
murder.
Murder is defined by the Law to be
the unlawful and felonious killing OF
q human being in the peace of the
United States, with malice atore-
thought, either express or implied.
Express malice In that deliberate
intention unlawfully to take away
the life of n fellow creature, which
10 manifested by external circum-
stances capable of proof.
Malice 10 implied when no ccnsid-
erable provocation appears or where
all the circumstances of the killing
manifest an abandoned and wicked
disposition.
Malice in connection with the
crime of killing 10 but another name
for a certain condition of a man's
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 manslaughter.
Malice includes not only anger,
hatred and revenge, but every other
unlawful and uniustifiable motive. 1t
is not confined to ill will towards an
individual, but is intended to denote
an action arising from any wicked
and corrupt motive; anything done
with wicked mind, when the fact is
attended by such circumstances as
evince plain Indications of heart
regardless of social duty and fatally
bent on mischief.
Hence, malice may be implied from
any deliberate and unlawful act
against another, however sudden, IL
the unlawful act be of such q charac-
ter as to show an abandoned and ma
lignant disposition.
The statute of the United States
provides that every person who un-
lawfully and willfully, but without
malice, shoots another person, of
which shooting such other person
dies, is guilty of manslaughter.
You are instructed that under the
indictment in this case the defend
ants may be found guilty of man
slaughter or may be acquitted.
If, after full and careful consid-
Grafton of all the evidence and cir
cumstances ia proof before you, to-
gether with the instruction of the
court, you believe beyond reason
able doubt th:t the defendants. or
either of them, are guilty of the crirDe
of murder, you will so find: but, If
upon such consideration of the evil
dence and circumstances, together
with the instruction of the court,
you entertain a reasonable doubt as
to whether or not they, or either of
hem, are guilty of murder, you
should then consider whether or not
under all the evidence and circum
stances in proof before you, together
with the instruction of the court,
they or either of them are guilty of
the crime of manslaughter; and, il
| upon consideration of the evidence
| and circumstances in proof you en-
tertain a reasonable doubt as to
whether they or either of them are
guilty of the crime of granddaughter,
then you should acquit them.
Manslaughter is the unlawful kill
ing of a human being without malice
express or implied, and without de-
liberation. 1t must be voluntary,
upon q sudden heat of passion, caus-
ed by a provocation apparently suf-
ficient to make the passion irresisti-
BILE, or involuntary, in the commits
sion of an unlawful act, or lawful
act without due caution and circum-
spection.
The deliberate intention called
malice aforethought needs be only
such deliberation and thought as to
enable person to appreciate and
understand at the time the act is
committed the nature of his act and
its probable result.
To constitute malice aforethought,
no particular time need intervene be-
tween the formation of the intention
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 defendants at
the time the act was committed.
The burden is upon the govern
ment to prove every material allega-
tion in the indictment by such evil
dence as convinces your minds be-
yond a reasonable doubt of the de-
fendant's guilt.
Not every doubt, however. which