Montour American. (Danville, Pa.) 1866-1920, 1901-01-24
CHARGE OF THE JUDGE

CHARGE OF THE JUDGE
Judge Little made clear and I'M
biased charge to the jury, reviewing
the important testimony, and explain
ing or reading the law that applies to
the case, summing up his charge as
follows:
"The prisoner is presumed to be in
noncent. When you retire to make
up your verdict in the case, you start
in your deliberations with this pre-
sumption of innocence in his favor. 1t
is the humane presumption of the law.
and to which this prisoner is entitled
by the law. This presumption will
continue until the proof satisfies your
minds beyond reasonable doubt, such
as we have heretofore defined, Of his
guilt.
"Before the jury should convict this
prisoner of murder in the first degree,
they should be we'll satisfied, and be-
yond a reasonable doubt, that he
cherished in his heart the fully formed
purpose to kill Fisher, that that inten-
ton was accompanied by such facts and
circumstances as showed the prisoners
mind to be fully conscious of its own
purpose to kill him; and that there was
sufficient time afforded the prisoner to
enable his mind to frame the design to
kill, and to select the instrument, the
revolver in this instance, and the means
to carry this purpose into execution
| in other words that the murder,it muir
der was committed, was in the Ian
guage of the statute, "a willful, ,deliber-
ate and premeditated killing
"We have heretofore, very fully de-
fined, as we believe, the law of the
crime, and then in substance stated
that all homicide is presumed to be
murder, until the contrary appears in
the evidence, but this presumption
rises no higher than that the murder
was of the second degree.
"The question of the guilt or in
nocence of the prisoner is left to the de-
termination of the jury. If you con-
vict him of murder, you will be re-
quired to say by your verdict whether
| il is murder of the first or murder OF
the second degree. If you believe the
evidence warrants, you can convict,
under this Indictment, of voluntary
manslaughter.
"It you should conclude that either
of the prisoners propositions Of defense
have been established to the satisfac.
ton of your minds by fair preponder,
ance of the evidence, viz: That OF
drunkenness and that of self defense,
he will be entitled to your verdict.
"If upon careful and conscientious
survey of the whole of the evidence, as
Jurors in this important cause, having
the interests of society, as well as youl
own as jurors, and of this defendant
you are not satisfied of the guilt OF the
prisoner-beyond reasonable doubt
it is your duty, and should be your
pleasure, to acquit him: On the Other
hand, if you are satisfied of his guilt
beyond such reasonable doubt, thai
homicide-whether it be murder or vol
untary mansiaughter-was committed
fearlessly and conscientiously, as Jurors
and as men, pronounce such verdict
which the truth as you learn it from
the evidence and the law requires.
"This cause is about to be submitted
to you for your consideration. Let mo-
the gravity of the charge against the
accused deter you in the discharge o
your duty as jurors. You have beer
deprived Of your accustomed privil
eges during these days. and have list
ened patiently to the development o
| the facts in the cause. Bring to ths
further discharge of your duties al
| Jurors a conscientious desire to dc
right.
at is but natural for the humane
heart to be touched by feelings OF sym
pathy with those who are in trouble
but sympathy should have no legitl
mate place in the jury box.
! "Render such verdict, which vii
be satisfactory to your own conscience
and which will do justice, both to tn
Commonwealth and to the just right
of the accused"
AT MORNING SESSION