The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-12-14
hesitate and-say, "I am not satisfied
OF the guilt of the defendants.

hesitate and-say, "I am not satisfisd
OF the guilt of the defendants.
II after . full and fair consider
alton Of al the evidence, you can
say you have an abiding conviction
OF the truth OF the charge. you are
satisfied beyond . reasonable doubt.
You are the sole judges Of the
weight OF the evidence and OF the
credibility Of the witnesses who have
testified, and it 10 your duty to fully
and fairly consider the testimony of
each and all of the witnesses who
have testified and to give to tho tes-
timony OF each such weight rs you
in your Judgment think IL entitled to
and after such confederation, you
are at liberty to disregard all. testi-
mony, il any, which from the the evil
dence and circumstances in proof
you believe to be unworthy of be-
lief.
Under the law the defendants are
competent witnesses in their own be-
half, and in considering their testi-
mony, you should take into consid-
GRAFTON their appearance while on
the stand, their manner of testify
ing, the reasonableness or unreason-
ableness of their testimony, their ap-
parent candor or lack OF candor, as
to whether they have made contra
dictory statements, (if you believe
from the evidence that they have
made contradictory statements, re-
lating to some material question or
questions in the case;) their inter-
est in the result of this case, and
give to their testimony such weight
as under all the circumstances and
evidence in the case you believe it
entitled to.
The law clothes the defendants.
and each of them, with the presump-
tion Of innocence and 1t is yourIdrty
10 act upon this presumption until
you are satisfied from the evidence
beyond a reasonable doubt of their
guilt.
To extenuate killing and reduce
it to manslaughter, two facts must
concur. There must be, at the time
of the killing, both provocation and
i passion. Provocation without pas
sion will not extenuate, nor will pas
sion merely without provocation re-
duce theunlawful killing from murder
to manslaughter.
II from motives of hatred or re-
venge. or for any wrong or injury
real or imaginary, a person deliber-
ately kills another, not in necessary
or apparently necessary self-defense,
the law deems such killing malicious
and 1t is murder.
You are instructed that what is OF
is not an overt act of violence, that
is, what acts on the part of a person
slain would justify the taking of his
life, varies with the circumstances OF
each particular case. Under some
circumstances slight movement
may justify instant action because oi
reasonable apprehension OF danger.
Under other circumstances this would
not be so. And it is for the Jury
passing upon theweight and effect OF
the evidence, to determine how this
may be. =
The deliberate and unlawful use Cd
a deadly weapon by one persol
against the person of another implies
malice in the mind of the person SC
deliberately and unlawfully using
such deadly weapon.
Every man is presumed to intend
the natural and probable conse.
quences of his own act, and when
one person assaults and shoots an.
other with dangerous and deadly
weapon. not as q result of provoca-
ton sufficient to excite the irresist.
ible passion of a reasonable man,
aud not in necessary or apparently
necessary self-defense, the law pre-
sumes such assault and shooting to
be malicious, and il q person so as.
saulted and shot dies within O year
and day from the date of such 40.
sault, as the result of such assault
and shooting, such killing Is muir
der.
1t is the duty of a person threat.
ened with danger to use all reason.
able means apparent to reasonable
person under the circumstances to
avoid such danger before taking hu-
man life.
III the killing of John Embree il
satisfactorily shown beyond reason
able doubt to have been the act OF
the defendants, or either of them,
then the law pronounces 1t murder,
unless it appears by the evidence for
the government or for the defend
ants, or both taken together, that
circumstances existed excusing OF
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