Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-03-02


threats or words OF reproach or accusa-
tton. no matter how grievous sOever they
may be, will afford sufficient provocation
10 free the party killing from the guilt
OF murder: and that II they believe from
tho evidence that j. +. Carter killed c. F.
Moore with a deadly weapon by reason
or threats or other reprOachful words
used by the said Moore to the said Carter
the said Carter is guilty OF murder. not
withstand.ng any provOcation implied In
said words
" That IL they believe from the evil
dence that the accused armed himself
with a loaded pistol. and that after 70
arming himself he sought the said Moore
and put himself in the way of said Moore.
so as 10 have an opportunity OF killing
said Moore. in case he should attack him.
and that the said Moore afterwards. while
unarmed, did make an assault upon the
accused. and the accused killed him IN
pursuance OF previously formed design,
then such killing is murder i'm the first
degree. and the jury should convict him.
VI. That If the jury believe that the ac-
cused relies on necessity. whether real or
apparent. to justify the killing Of the said
Moore, such necessity must not arise out
Of the prisoners own misconduct. the law
being that a man shall not. I'm any case.
justify the killing OF another upon the
ground of necessity. unless he be without
fault In bringing that necessity upon him.
self.
VII. The Court instructs the jury that
If they believe from the evidence that the
deceased used violent language towards
the accused and threatened 10 kill him
or DO him serious bodily harm. and moved
his right hand back TO his side or hip.
as IL 10 draw a pistol or other deadly
weapon, and at the same time made a
motion as IL 10 spring out or. the buggy
towards the accused, and if the jury also
believe that these acts induced reason
IL e To, nd q TN. annngal that
he was I'm immediate danger OF life or seri-
Gus bodily harm. then the jury are in
strlcted that the accused was JUSTIFIED in
killing the deceased, although II should
afterwards turn out that the deceased
had no pistol or other deadly weapon.
and that the appearances were deceptive
and the deceased had no intention of killing
him or Of doing him serious bodily harm.
But the jury are further instructed that
the bare fear Of death, or of serious
bodily harm. however honestly and serl-
ously felt BY the accused. Will not justify
the killing, and i'm order for the accused
to so justify Il the jury must believe
from the evidence i'm the case that the ac-
cused honestly believed that he was in
immediate danger of his life or great
bodily harm at the hands of the deceased.
and that the actions Of the deceased ana
an the attending circumstances OF the
killing were Of such character as 10 III
ford the accused reasonable grounds for
believing that the deceased intended 10
kin him or do him serious bodily harm
then and there.
VIII. The jury are instructed that the
law allows an accused to testify I'm his
own behalf and they have no right arDi-
trarily TO disregard his testimony upon
the sole ground that he stands before
them charged with the commission Of 4
crime, and they should fairly and impair
tally consider his testimony and test 1t
in the same way as that of any other
witness In the case and determine from
his manner and appearance i'm testlfylnS.
ana his capacity to- discern the truth and
his interest iu telling or cOncealng it.
how far they should believe him.
IN. The jury are instructed that i'm order
tO convict the accused of the crime al
legged against him I'm the indictment every
material fact necessary to constitute such
crime must be proved beyond Il reason
able doubt, and If the jury have reason
able doubt upon material fact or element
necessary 10 constitute the crime. II is
their duty 10 give the prisoner the beneht
0f such doubt and acquit him.
y The Jury are instructed that a rea-
s0nable doubt is such doubt as may De
honestly and reasonably entertained as
TO any substantial and material fact es-
sential 10 prove the crime charged. Rea-
sOnable doubt must be based upon the
evidence. or that is suggested by the eVl-
lence or grows out or the evidence or
rises from the want Of evidence. II
must not De an alDllldiN hohbN NA.t''N L
reason TO sustain it, 1t must be doupt
of a material fact or facts necessary Tor
the Jury to believe to find verdict or
conviction. and not Of immaterlal or nom
essential circumstances. 49, -.
XI. The Court instructs the jury that
che law presumes the accused 10 De lhho-
cent until ne is proven guilty beyond Il
reasonable doubt. and II there IS upon thc
minds of the jury any reasonable DOUBT OF
The aslil- Of the 2ccused. me law makes ~
their duty 10 acquit him; ana mat mere
suspicion or probability of his quit, now
a,,e, strong is not sufficient 10 convict,
nor is IN sufficient If the greater weight
or nreDonderance Of evidence supports the
charge i'm the indictment; but TO warrant
his conviction his guilt must be proved 80
clearly that there is no reasonable tneotg
consistent with the evidence, upon Whlch
he can be innocent.
Argument of Counsel.
After the instructions had been submit
ted the argument was begun, and MI.
Lewis took the floor. opening Tor the
commonwealth. He said that he was Slad
that the case was drawing TO a close,
and after stating that the prisoner had
received a fair trial. paid a compliment
ia Judge. jury. and counsel for the de-
fence. He argued the Instructions OF the
court on homicide. and referring to the
death penalty said: ,....
"This was no concocton or arbitrary
enactment of man, but was handed down