The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1904-03-02
The Instructions Of the Court.


! AT the close of Mr. Green's address,
! Judge Duncan read the instructions to
I the jury, which were quite lengthy
[ II was remarked upon that those of
fered in behalf Of the defense were
very strong. When the judge had con.
cuded ii was $3.50 and the jury was
committed to the care of two bailiffs.
who were admonished to keep them
securely and not permit any informa.
ton as to their deliberations to reach
the public. Nothing positive had been
learned OF the iury's actions up to the
time of closing The Bulletins forms
AZ S.4j this morning. Some of the
striking points in the courts instruc
tions to the jury are here given:
For the Prosecution.
The killing being proved. the bur
den Of proving circumstances that
justify or excuse the homicide will de
yolye upon the accused, unless the
proof on the part of the prosecution
sufficiently manifests that the accused
was justified or excused in commit.
ting the homicide.
Before the defendant, O'Neal, can
avail himself of the right Of self de
Tense it must appear that, at the time
of the killing, the danger was so
urgent and pressing that, in order TO
save his own life, or 10 prevent his
receiving great bodily harm, the kill
ing Of the deceased, Cornelius or
Con Sheehan, was absolutely neces.
sary, or apparently necessary, and Il
must also appear that the deceased,
Cornelius or Con" Sheehan, was the
first assailant, or that the defendant,
Thos. 0'Neal had in good faith en-
dcayored TO decline any further strug
gle before the mortal shot was fired.
You are instructed that If the killing
of the person, Sheehan, mentioned In
the Indictment, be satisfactorily
shown by the evidence in this case
beyond a reasonable doubt to have
been the act of the defendant. O'Neai
then the law pronounces it murder
unless the defendant has shown, or il
appears in the evidence for the people.
that circumstances existed eXcusing
or justiiying the act, or mitigating It
so as TO make it manslaughter.
If you believe from the evidence in
the case, beyond reasonable doubt,
that the defendant, O'Neal, with NAL
Ice aforethought, either expressed or
implied. inflicted upon deceased. Cor
nelius or Con" Sheehan the mortal
wound or wounds in the manner and
form as charged in the indictment, not
in self.defense. as the same Is de-
fined in these Instructions, and not
upon a sudden heat of passion, caused
by provoeation apparently sufficient
to make the passion irresistible, and
that the said Cornelius Sheehan did
thereafter die from said mortal
wound or wounds, in manner and
form az charged in the indictment,
then the jury shall find the defendant,
O'Neal. guilty.
If you believe from the evidence, be
yond a reasonable doubt, that the de.
PENDANT. Thos O'Neal, shot and Killed
the deceased and that the defendant
brought on the difficulty by first as
sauIting the deceased, then the de
PENDANT cannot avail himself Of the
right of seIf-defense in order to shield
himself from the consequences of his
acts. however imminent the danger
In which he may have found himself
in the progress OF the difficulty. IN
less You further believe from the evil
dence that the defendant really and in
good faith abandoned the combat be
fore the mortal blow was struck.
That In case of voluntary man
slaughter there must be a serious and
highly provoking injury inflicted upon
the person killing. sufficient to excite
an irresistible passion In a reason.
able person, or an attempt by the per
son killed to commit a serious person
al injury on the person killing. The
killing must be the result OF that sud.
den. violent impulse Of passion sup.
na.ed 10 be Irresistible; for II there
should appear to have been an inter