The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1907-09-24
+, Court Gives Long List of Instr-uc-
tions On the Case to the
Jury Before Noon.
NAMEs KNDs OF vERDIcT.
Intoxicntion is Taken Into Consid-
Grafton and is admissible I'm
der Certain Conditions.

In circuit court just before the
noon hour Tuesday the court In
structed the jury IN the trial Of
Thomas P. Harmon, charged with
killing Mrs. Margaret Pickett Sept.
last. The instructions were as
follows:
"The Court instructs the jury that
they may find one of the several fol-
lowing verdicts. the one returned by
: the jury to be determined by them
from their own view and conclusion
from all the testimony offered upon
I the trial of this case, both for the
State and for the accused:
"First-They may find the defend
ant guilty of murder in the first de-
gree.
'If you find the defendant guilty
of murder in the first degree, you
may, in your discretion, further find
that he be punished by confinement
in the penitentiary; but if you do
not add to your verdict that he be
punished by confinement In the peni-
tentiary, the accused shall be punish
ed with death, If you find him guilty
of murder in the first degree, but II
you do add to your verdict that he
Re punished by confinement in the
penitentiary he shall be punished by
confinement in the penitentiary dur
ing his life.
"second-You may find him not
guilty Of murder in the first degree,
but you may find him guilty of mur-
der in the second degree.
''If you find the accused guilty of
murder in the second degree, the
Court may confine him in the peni-
tentiary in its discretion, from five
to eighteen years.
''Third-You may find the. defend
ant not guilty of murder in either
the first or second degrees, but you
may find him guilty of voluntary
manslaughter, involuntary mar
slaughter, or assault and battery, or
not guilty of any offense.
IF you find the accused guilty of
voluntary manslaughter the Court
may, in its discretion, punish him
by confinement in the penitentfary
from one to five years.
IF you find the accused guilty of
Involuntary manslaugRter, or as
sault and battery, the Court may, in
its discretion, punish him by con
fnement in the county Jail for such
length of time as the Court may
deem proper. or by fine in such
amount as the Court may deem
proper, or by both confinement in
jail and fine.
Instructions By the State.
81. The Court instructs the jury
that after they shalt have compared
and considered all the evidence in
the case, If they have a reasonable
doubt as to the guilt of the prisoner,
as charged in the indictment, they
can not convict: that by reasonable
doubt is meant such doubts based
upon the evidence as they may hon
estly and reasonably entertain as to
any material fact essential to prove
the crime charged. 1t may be an
arbitrary doubt. without evidence to
sustain it, but 1t must be serious and
substantial in Its nature, in order to
warrant an acquittal. and one which
men may honestly and conscientious
ly entertain.
80. The Court instructs the jury
that If they believe from the evil
dence beyond reasonable doubt,
that the prisoner, though intoxicated
at the time of the firing of the shot,
which caused the death of the de-
ceased, was capable OF knowing the
nature and consequences OF his act,
and II he did know, then he was do
ing wrong, and that so knowing he
fired the shot at the deceased with
the will full, deliberate and premsdi-
tated purpose Of killing her the jury
viii find the prisoner guilty of mur-
der in the first degree.
IS. The Court instructs the jury
that If they believe. from all the cir
cumstances in the case that the pris-
oner wllfully, maIiciously, deliber-
ately and premeditatedly killed the
deceased, they should find him gull
ty of murder in the first degree al
though he was intoxicated at the
time of the killing.
"a. The Court iustructs the jury
that person who is intoxicated may
yet be capable of deliberation and
GU MILF "