The bee., 1901-06-06

| tIlc Sdlu Js ID. lilllule ultl SHOOt
and kill Henry Taylor, and if the
jury further believe from the ev-
idence beyond a reasonable doubt
that such killing was committed
in furtherance of said conspiracy,
combination or agreement, If any
existed, and was the necessary
and probable result of the execu-
tion of such conspiracy, if any,
then the defendants or such of
them as entered into such a con-
spiracy are guilty, although the
jury may believe from the evil
dence that the original purpose
was not to procure or bring about
the death of Henry Taylor.
No. 3. The Court instructs the
jury that if they believe from
the evidence beyond a reasonable
doubt that in this county and
before the finding of this indict-
ment, the defendant j. b. Indie
did unlawfully, wilfully, felon-
iously and malice aforethought
slay and kill Henry Taylor, the
person named in the Indictment,
by shooting him with pistol
loaded with leaden ball or other
hard substance, then the jury
will find him guilty and fix his
punishment by death or at i'm.
prisonment in the state peniten-
tiary for life in their discretion;
and if they further believe from
the evidence beyond reason
able doubt that the defendants
Ed Johnson, Wade Mcintosh and
w. 5. Penrod were then and
there present or near enough to
aid and abet in such Staying, or
killing of said Taylor and did
aid, abet, encourage and assist
the said Indie in wilfully felon-
iously and with malice afore-
thought in killing and Staying
Henry Taylor, if he did so, then
the jury will find the defendants
johnson, Mcintosh and Penrod
or such of them as so aided,
abetted, encouraged or assisted in
such killing, if any did so, guilty
as charged and fix their punish
ment at death, or by confinement
in the penitentiary for life, in
their discretion.
No. 4. If the jury believe from
the evidence beyond a reason
able doubt, that in this county,
and before the finding the of this
the said j. B. Indie
did unlawfully, wilfully and fell
oniously, but without malice,
not in his self-defense, or appar-
emily necessary self-defense, or
in an affray, or in sudden heat
and passion, and under provoca-
ton ordinarily calculated to ex-
cite passion beyond control, kill |
and slay Henry Taylor, the per-
son named in the Indictment, by |
shooting said Taylor with a pis-
tol, loaded with leaden ball or
other hard substance, then the
jury will find the defendant not
guilty Of wilful murder, but
guilty of voluntary manslau9h-
ter, and they will fix his punish
ment by confinement in the
state penitentiary, for not less
than two years nor more than
rwenty-one years in their dis
and if they furthur be-
-ieve from the evidence beyond a
reasonable doubt that the defend
lnts, Ed johnson, Wade McIn-
-osh and w. 5. Penrod were then
md there present sufficiently
near to render. assistance, and
lid wilfully and feloniously and
without malice, and in an affray
n in sudden heat and passion
md under provocation ordinarily
calculated to excite passion be.
1ond control, aid, abet, encour-
lge or assist the said Lindle in
iuch shooting and killing, as set
,ut in this instruction, or such
Killing and Staying by Lindle if
lie did so, as set out in instruc-
ion No. 3, then the jury will
ind defendants johnson, McIn-
osh and Penrod or such of them
is aided, abetted, encouraged or
lssisted in the killing of said
Taylor, if any of them did so, not
,uilty of murder, but guilty of
Ioluntary manslaughter, and fix
heir punishment or such of them
IS are guilty if any, by confine-
nent in the penitentiary for not
ess than two years nor more
han twenty-one years in their
discretion.
No. 5. If the jury believe from
l. - !