The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1905-08-19
JUDGE CARTER DELIVERS
HIS CHARGE TO JURY

HIS CHARGE TO JURY.
Judge Carter made an extremely
lucid anu explicit charge. upon which
he YVES highly complimented by at
Jorneys for both prosecution and de-
tense as well as by others in the court
room. His charge was UasJerful
effort. and entirely beyond criticism.
He instructed the jury relative 10 the
law in the case and particular atter-
ton was devoted TO the question Of in
sanity, with reference 10 which, ac-
cOrding TO several attorneys who were
. present, he prOpounded several new
/ propositions of Law. His charge rela-
! tive 10 insanity was Is follows:
The Law AS to Fermentation.
Gentlemen of the Jury:
The defendant, William F. Williams,
Is on trial before you upon an indict-
ment charging him with the crime OF
murder in the first degree. The in.
dictment charges that the defendant
unlawfully killed one John White il
your county (Escambia) in this state.
on July IS, 1905. by shooting him with
a pistol and that such killing was
! perpetrated from q premiditated de-
/ sign on the part of the defendant
/ Williams 10 effect the death of White,
/ the deceased. Under our statute law
( the unlawful killing of human being
when perpetrated from a premeditat-
/ ed design to effect the death of the
/ person killed" is murGer in the first
/ degree. As you will observe from the
( language used an essential element of
murder in the first degree is the pre-
meditated design to effect death; in
/ deed, murder in the first degree Is dis
rinuished by this element from other
/ degrees of unlawful homicide. In or
/ der that the defendant be found guilty
Of murder in the first degree he must
rot only have unlawfully killed White.
I tie deceased, but such killing must
have been perpetrated by him from
and with a premeditated design to eff
feet Whites death.
A Premeditated Design.
A premedtated design is a fully
formed, conscious purpose to take life,
formed upon reflection and entertain
eG in the mind before and al the time
the act is committed. The law does
not prescribe the period of time which
must elapse before the formation and
the execution of the intent to take
life, in order 10 render the degree a
p:emeditated one. 1t may exist for
only a few moments and yet be pre-.
meditated. If the design was formed
a sufficient length of time before its
execution TO admit of some reflection
on the part of the party entertaining
it. and the party at the time of exc
cutting the intent was fully conscious !
OF settled and fixed purpose 10 kill l
and Of the consequences of carrying !
such purpose into execution, the in I
tent or design would be pTemeditated
within the meaning of the law, a. ,
though the execution followed closely
upon the formation of the intent. The
question Of premeditated design is = .
question of fact to be found by the
jury from the evidence, beyond a
reasonable doubt like any other mate
rial fact in the case. But the law
does not require that premeditated Ge-
sign be proved only by positive testi-
mony. The existence of a premedi-
tated design, as well as its formation,
are mental operations as to which
positive testimony can not always be
obtained. consequently the law recog-
nizes that it may be proved by cir
Cumstantial evidence II viii be SUI
llcient proof of such preneditated de-
sign if the circumstances proven 10
exist relating to the acts, declarations
and conduct of the accused. the cir
cumstances attending the homicide.
and other circumstances proven b.
the evidence bearing upon the ques-
ton, convince the jury. beyond a rea-
sonable doubt. and to moral certain
ty of the evidence Of such design at
the homicide (if homicide is proven
TO have been cOmmittedl and that
such homicide was committed in puT-
suance of such design. If the evidence
in this case convinces you beyond ,
reasonable doubt, ana 10 a moral Ger e.
tainty that the defendant unlawfully
killed John White in Escambia coun-
Is. Florida, before this indictment
was found, in the manner and by the
means alleged in the Indictment and
that such killing was perpetratet
from and with such a premeditared
design on the Fart of the defenUan;
to effect Whites death. as l have de-
fined TO you, then it will be your duty
to find the defendant Williams guilty
OF murder in the first degree, unless
you should acquit him on the ground
OF insanity, which will be explained TO
you in subsequent instructions.
As TO Insanity.
If party commits an act denouno-
ed as a crime, while insane the Law
does not hold him accountable and
he should be acquitted If the party
accused, at the time Of committing
the act was laboring under such a
defect of reason from disease of the
mind. as not 10 know the nature and
quality Of the act he was doing or
about to 90. or that it would be wrong
to do it, he would be insane within
the contemplation OF the law, and
should not be held accountable. But
If the party at the time OF committing
the act possessed sufficient mental
capacity to know right from wrong.
To know the nature and quality o.
the act he was doing or about 10 do
aud that It would be wrong 20 do IL, he
is legally responsible for the act ever +
though he may have been at the time
weak or even suffering from