The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1903-07-01

was his motive? Now malice does not
mean simply fixed hate in law. 1t may
be gathered from the circumstances Of
a particular case which show wrong In
tentions and motives. II Havis didn't
have wrong intentions why did he arm
Wise with this slung shot and arm him
self with a deadly weapon? And then
what induced him to do 1t? In my opin-
ion 1t was nothing but the coin.
I'm the name of good citizenship and
In the name of justice I tell you, gem
tlemen of the jury, that your verdict can
be no other than that he shall hang by
the neck until dead. This case is full and
running over with the evidence that this
is murder in the first degree.
Court adjourned at 1910 o'clock at the
close of Solicitor Helms remarks. the
whole afternoon was consumed TO by
Judge Greene In going over the written
charges that had been submitted by the
attorneys.
At 5:45 o'clock Judge Greene entered the
court room and ordered the jury to come
in. He delivered his charge in part:
Judge Greene's Charge.
Gentlemen, YOU have listened to long
and somewhat tedious trial. You have
been kept practically prisoners in order
that no outside influences might come In
to effect your verdict The issues are i'm
portant alike to the state and to the de-
PENDANT. Juries are selected by law and
are required to have certain qualifications.
Each OF you was asked If you had any
fixed opinion in this case and each Of you
answered that you had none.
Now at the outset II Is proper that l
should explain to you the province of the
court and Jury in case like this. The
court is to conduct the trial, to judge Of
what Is competent or legal testimony, to
instruct the jury after all the evidence is
in and after counsel for the state and de-
PENDANT have argued the case. When the
court has done these things 1t has dis
charged Its duty.
THE law makes 1t the duty OF the jury
to weigh the evidence, and bring their
verdict according TO the law in the case.
The law would not allow the court to
weigh the evidence.
THE counsel In this case has so fully
explained the evidence that | shall not
consider 1t necessary to go over all the
testimony"
Judge Green then went over the main
facts of the case as presented by the wit
nesses for both sides, showing what the
state had tried to make out, the plea made
by the defendant and In what particulars
the evidence conceded. He defined the
law as applied to this particular case.
saying that the Indictment while it charg-
ed murder in the first degree, was capable
of four constructions:
First. murder in the first degree which
means the wiful, deliberate, malicious and
premeditated killing Of a man.
Second, murder in the second degree
which means the unlawful and malicious
killing of a human being without deliber-
alton or generalization.
Third. manslaughter in the first degree
which means any unlawful killing Of a
human being without. malice. either ex-
pressed or implied.
Fourth, granddaughter In the second de-
gree which means involuntary homicide
and the unintentional killing of human
being
He then defined conspiracy as a COM
btnation of two OF more persons to do
an unlawful act, sayingrtha In con-
spiracy 1t was necessary that there be an
agreement.
The court also gave the law as applied
to conspiracies. gave the law about self
defense, explained how juries were to de-
eide on the credibility OF witnesses and
explained what was meant by reason
able doubt
He gave the penalties for the four forms
of killing as follows:
Murder in the first degree, death or
Imprisonment for life.
Murder In the second degree. not less
than ten years in the penitentiary.
Manslaughter in the first degree, not
more than ten years In the penitentiary
nor less than bne year at hard labor Cor
the county.
Granddaughter in the second degree. less
than one year.
Satisfied With the Charge.
The attorneys for the state and for the
defense announced that they were entire