The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1907-04-11
Judge FitzseraId's CHARGE.

Justice Fitzgerald began bis charge
TO the Thaw jury by saying:
Gentlemen Of the jury, It now be.
comes my duty 10 give to vol such
instructions upon the law as are nee.
essarr 10 enable sou to perform your
duties as jurors and TO define 10 you
the legal guides by which you are 10
be governed In consideration of the
evidence and reaching your conclu.
siOns.
at has been particularly gratifying
10 me 10 realIez that you we're select,
ed by the people AMI by the defend.
ant as fair minded men after the ex,
animation of @I talesmen, and before
the precmDtory challenged allowed by
law had been exhausted.
Let me impress upon you the i'm,
pori1nce Of the Issue you are 10 de.
eide. The life Of a citizen within the
protection Of the law. II is charged
has been taken by the defendant, and
the defendant Is here 10 answer to
the fitY for that.
"YOr must take the law absolutely
from the cOurt-Of The facts you are
ise sole judges.
"a defendant in criminal action
Is presumed to he innocent until the
contrary is proven and in case Of a
reasonable doubt. that his guilt Is not
satisfactorily shown, he Is entitled to
an acquittal.
Statute on Homicide.
Let me begin by instructlng you
on the general construction of the
law. The statute Of homicide Is liyid.
cd into two general divisions which
In turn are sub.divIded as will later
explain. The Two chief divisions are
homicide that is criminal and homi.
eide that Is not crmGal.
Criminal hOmici.lCs are murder in
the first degree, murder in the second
degree. and mansiaugtstcr IN the first
and second degrees.
"Sucn homicides, unless excusablc
or justified Is murder In the first de.
gree, when committed from delibera.
tiOn and generalization with n design
10 effect the death OF the person kill.
ed. If i, Is committed without pre-
meditation or delberatlon, but with u
design to kill, It Is murder II the sec.
Ond degree. II the homicide is com.
mitted In the heat Of passion without
design 10 Kilt, but with a dangerous
weapon. It would be manslaughter In
The first degree. All lesser criminal
homicides are classed as manslaugh.
Ter IN the second degree.
Homicide IS justiilable when com.
mitted in a lawful defense Of the
slayer or his wife or child, brother or
sister, master or servant, or other
person. when there Is reasonable
ground TO apprehend that a crime is
about to be committed against such
person and there is imminent danger
Of the design being carried out.
Homicide ExeusabIe.
Homicide is excusable when by nc.
cident or misfortune It is committed
IN lawfully correcting n child or do.
Ing some other lawful act in a lawful
way.
Homicide is also excused by In.
sanity. The law is contained In sec.
tons 20 and 81. Of the Penal cole.
Section 20 says an act done by an i'm.
beetle, idiot, lunatic or insane person,
Is not crime. This language Is very
broad and would at first glance up.
pear TO apply TO all persons OF un.
sound mind without regard 10 degree
Of insanity.
But section 81 limits section 20 as |
follows: a person Is not excused
from criminal liability as an idiot, i'm.
beetle, lunatic, or insane person ex.
cept upon proof that at the time Of
committing the alleged crime, he was
laboring under such a defect OF rea.
son rs either no. to know the nature |
or quality OF the act or to know that |
the act was wrong Before murder |
In the first degree can be done. a dis.
tinguished Juror has said that It must |
appear that there was some act OF de-
liberation and generalization" This Of
necessity Is for the consideration Of
the jury. What may be delIberation
and generalization in one man might