The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1900-04-03

burglary, or In attempting to commit q
robbery or in the commission of a
robbery, or both. in the manner and
| form described in the indictment, caus-
ed the death of John Harton; and
B. That in innicting the injuries on
and in the fastening and causing the
exposure of said John Hartong that
the defendant, either by himself, or
| associated with others, in the commits
sion OF the crime or crimes, purposely
killed John Hartong; and,
4. That the crime was committed in
stark county and state of Ohio. 1t will
be your duty to find the defendant
guilty as he stands charged in the first,
second or third counts in the indictment,
and not guilty as he stands charged in
the other counts of the Indictment.
But If you fail to find any one or more
of the propositions in favor of the state
then your verdict should be not guilty.
And If you find each of four PROPOSE
tions in favor of the state it will then
be your duty to determine the grade
OF the crime committed whether It was
murder In the first degree, second de-
gree, or manslaughter or assault and
battery, or assault-as / have defined
these several crimes and offenses in
these instructions.
The Legislature of this state, at it's
session about two years ago, amended
the section of the statute to which I
have called your attention, which re-
lates TO murder in the first degree, so
that 1t now reads in substance as fol-
lows:
Whoever purposely and either Of
deliberate and premeditated malice, or
be means of poison, or in perpetrating
or attempting to perpetrate any rape,
arson, robbery or burglary kills an
other. Is guilty of murder in the first
degree, and shall be punished by death,
unless the jury trying the accused
recommenr mercy, in which case the
punishment shall be Imprisonment in
the penitentiary during life; provided.
however, that murder in the first degree
as herein defined shall continue to be
capital offense within the meaning OF
the constitution. And, provided further,
no person convicted of murder in the
first degree shall be recommended for
pardon by the board of pardons, or for
parole by the board of managers of the
penitentiary, except upon proof of in
nocence established beyond a reasona-
BILE doubt.
the defendant guilty of murder in the
first degree as to whether or not the
accused should be recommended to the
mercy of the court under this section is
one solely within your province to de-
termine, and it calls for the exercise of
your best judgment 1t is a respon-
sibility placed upon you by the legisa-
ture and it cannot be avoided, but must
be determined by you as your best
judgment and discretion shall dictate,
and can be of no aid or assistance to
you in the exercise of that discretion
should you come to that question in
determining the matter. You have OBJ
served, however, by the reading, of the
section that the recommendation OF
mercy changes the mode of the punish
ment from infiiction of the death pen
atty to Imprisonment for life; and pro-
vides further that in such case the ac-
cused shall not be recommended for
pardon or parole except on proof of
innocence established beyond the eX-
istence of a reasonable doubt.
Gentlemen: You have listened patti
emily to this somewhat protracted trial.
The case is an important one: it is
important to the state, and it is like
wise important to the defendant. 1t
has been very fully, carefully and ably
tried and argued on both sides, and it
now remains for you, aided as you are
by the arguments of counsel and of the
testimony, in the light of the instruc-
tions have given you to determine the
guilt or innocence of the defendant, Will
liam Henderson. l trust. and have
every reason to believe that you will
give this case, that just, patient, care
Pal f,1 I 81
portance demands. If the defendant is
guilty say so by your verdict. If he is
not guilty say so by your verdict. You
will do your duty in the light of the
evidence and the law irrespective of
the consequences either to the state or
the defendant.
You will have with you in your jury
| room the indictment and the map and
photograph and any other items that
were introduced before you, together
with these instructions which I have
been requested to reduce to writing
and you can read them all in detail If
you do not remember them.
You will, upon retiring, appoint one
of your number foreman: l will have
proper forms of verdict sent you, which
you can readily adapt to your finding.
Having agreed upon a verdict, have
| your foreman sign it and bring it with
you into court. You may retire
THOS. T. MCCARTHY, Judge.