The daily morning journal and courier., 1901-01-09
MRS. RATABUN INDICTED
TRUE BILL OF MURDER IN THE
 FIRST DEGREE FOUND.

Summoned Yesterday to Consider tn, Case-WiN Probably be Brought tc
 Trial in the Present Superior Couri
 The grand jury summoned yesterday to consider the case of Mrs. William
 Rathbun came in about 3:45 yesterday
 afternoon and reported that true bill
 for murder in the first degree had been
 found against Mrs. Rathbun. She vii
 probably be placed on trial at the pres ent term of the criminal side of the su-
 perior court.
 The criminal side of the superior court
 was crowded with curiosity seekers
 eager to get glimpse of the prisoner as she was taken to the grand jury room. The grand jury was made up as follows, and marched to the court room about 10 o'clock:
 Walter l.. Leavenworth, Wallingford; Eliasaph H. Butler, Guilford; Clifford l J. Atwater, Seymour; James Meigs, Madison; George w. Couch, Meriden; Smith c. Wheeler, Oxford; Alonzo w. | Burns, Milford; D. P Mills, Nauga- tuck; Alfred F. Hammer, Branford; Stiles Woodruff, Orange; Bella A. Maine, Hamden; Lavette Warner, Beacon Falls; Samuel o. Clark, Woodbridge; Merrick F. Treat, Derby; Charles Root, New Haven; Samuel Redshaw, Anso- mia; George H. Joslyn, Hamden; Fred erick F. Andrews, New Haven.
 The roll was called by Clerk Galla- gher, who also administered the oath to them.
 The grand jury, after their charge by Judge Thayer, retired to their room on the first floor and shortly afterwards Mrs. Rathbun arrived and was immedi- ately conducted to the room. Detec- tives McGrath and Ward and other offl- cials were on hand, and the examina- ton was immediately started. The hearing was behind closed doors, and much speculation was had as to wheth- CT the jury would return true bill for murder or not.
 The jury room was closed to all except the persons summoned all the morning. At o'clock there was short recess taken for lunch Mrs Rathbun was supplied with substantial lunch through the kindness of Sheriff Dun- ham.
 At o'clock the hearing was resumed, and at 3:45 the grand jury marched to the superior court room and the yer dict was handed to Judge Thayer. A large crowd was present when the yer dict was given.
 Judge Thayers charge to the jury was in part as follows:
 'Every homicide is not murder. Mur- der is the unlawful killing of human being by malice either expressed or inn piled Manslaughter is the unlawful killing of a person without malice ex- pressed or implied. Evidence of malice is the distinguishing point between murder and manslaughter.
 "The malice necessary for murder is not confined to the intention to take the life of certain person; it may prevail during the execution of any unlawful act, such as robbery, rape or arson, whether against one person or another. Evil design of a malicious heart bent on mischief would show reconciliation, whether directed toward the person kill ed or not.
 ''The statutes of the state define mur- der in the first degree as the premed- itated killing of person by poison, ly- ing in wait, by the use of any gun, i'm plement or explosive compound. A set tied purpose to kill must be formed to make murder in the first degree All other murder is in the second degree.
 Tt is unnecessary that long period of time should elapse for such premed- itation--a moment can be sufficient; nor is it necessary that such reconciliation and intention should be directed to- ward the person killed. A man firing a pistol at one person intending to kill him and by accident killing another is guilty of murder in the first degree, al- though his malice and reconciliation are not directed against the innocent victim.
 "It is not in the province of the grand jury to decide as to the mental condi- ton of the person who Is charged with | 3 crime. The state holds all persons until the petit jury de- cdes upon the evidence presented be- fore the court. You can only make a | return as a true bill for murder, nur- der in the second degree or manslaugh- ter and the state attorney will now furnish you with papers and evidence for you to form a fair con- clusion.''