The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1901-06-07

d may, AID probably will be, di-
charged alter serving 20 mont s. a
under the pres MT Republican Re
lcrm Law conycts cannot be hire
:. out to manufacturers, and corse
quently thue il nothing for half q
n them to do-and the more convict
the more trouble and expense i
ncccssiia ted
= 4 the judge Instructions haVI
been considerably talked about ar
: CnrnIER publish them hcr-ni,i
Milbnu & sweeney taking excop
to each paragraph sepala'ely, bp
they W'i hardly appeal from tH'
! Judgment under tie comparative ,
light SCI tence.
Ih trial has cost ihe Dubois
county treasury from $500 to $1,000
JUDGE Thomas DuNcAN's INsrRuc
TONS TO TIE jury IL THE
REEVES MURDER TRIAL.
I'll. The original indictment re-
turned into,court is in four counts.
The State has elected to proceed on
the third count solely.
~. The third count Of the in
dlctment charges that the defendants
John and George Reeves, on the 81
day Of June, 1885, at Dubois coun-
ty, Ind, did then and there unlaw-
fully, feloniously, purposely and
maliciously, but without premedita-
ton, shoot, kill and murder one John
Gardner, with 4 certain dangerous
and deadly weapon, to wit: pis-
tol, which pistol was then ard there
loaded with gun powder and leaden
ball, and vas then and there shot
off aud discharged by the said de-
PENDANTS John and George Reeves,
lat, towards, against and into the
body Of the said John Gardner, then
and thereby giving said John Gard (
Ter mortal wound, and Of which
said mortal wound the said John
Gardner then and there died.
'3. This count in the indictment
charges the crime Of murder il the
second d -gree, which crime is de-
fined by the statutes of the State in
these words: .Whoever purpose
~, maiciously, but without pre-
meditation, kills any human being,
is gully Of murder in the second
degree, and upon conviction there
Of shall be imprisoned in the State
prison during life
III. There is also charged in Il is
count in the indictment the crime
known a. man-laughler 1t is de-
fined by the statutes of this State in
the following words: "H hoover
unlawfully kills any human being,
without malice, express or implied,
either voluntarily, upon a sudden
heat, Or involuntarly, but ID the
commission of some unlawful act, j.
guilty Of manslanghter, and upon
conviction thereof shall BE- impFis-
oned in the State prison not more
than twenty-one years, nor less than
two years
-. The def, niant is presumed
to be innocent until the contrary is,
proven. When there i reason
atle doubt wh, thcr his guilt be sat
shown he must be ac
quilted When there is reason
able doubt in which Of the two d.
grees Of the offense charged in the
Indictment he j. guilty, he should
be convicted cf the lowest drgrccl
only.
'6. A reasoable doubt exists
y hen the evidence il not sufficient
b satisfy the Judgment Of the truth
of proposition with such certainty
hat a prudent man would feel safe
u acting upon the conviction in his
lwn most important affairs without
hesitation.
'7 The material avermeuts of
he third count Of the Indictment,
ire that the said John Reeves and
ieorge Reeves on the third day OIL
Iune, 1850, at Dubois county, ln-'i
Llama, unlawfuly, feIoniously, pur- !
,osely and malIciously did shoot,
Kill and murder one John Gardner, Il
With a certain dangerous and dead L
Y weapon, to-wit: pistol. rhatlt
aid pistol was then and there load l.
"a with gunpowdcr and leaden ball. L
ind was then and there shot off and K
discharged at, into and against the
,oiy Of said Gardner. then and
hereby giving said Gardner NOR K
al wound, Of which said mortal
wound he, the said. Gardner, then !
md there died.
~. 50 far a. the question of
ime alore is concerned, the praoild
Tll be Sufficient ii il shows The kin s
ne 10 have been done a. any tim
4 the year 1855.
81 The proaf mist aI-o show \
A. A - ~,