The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1908-05-28

injury and there being imminent dan
| ger of such design being accom-
| pliShed, or when necessarily commit
ted In attempting by unlawful means
TO apprehend any person for any fell
! ony committed. or in sUppressing any
riot, or in lawfully keeping and pro-
tecting the public PEACE.
Thus YOU may see that every nomf-
eide IS not murder. nor ever. killing
OF human being a crime It must
be determined from the facts and cir
cumstances first. whether or not the
crime crime has been committed. and
if so, whether the defendant. James
Hart, committed the crime.
You have seen that murder is
where a person of sound mind and
discretion UnlaWfuIly kills any human
being IN the peace Of the sovereign
with malice. prepence or with afore-
. thought express or implied. To find
/ that the killing of Sergeant Gatlin
was murder it Will devolve upon YOU
10 determine from the testimony
whether or not the killing was unlaw-
1ul and with malice afOretnOuSnt OF
implied.
Manslaughter has been defned 10
De the killing OF another without NAL
voluntary upon sudden heat. or inyOl-
untary in the commission of some
lawful act
Any lawful and wiIful killing Of a
human being without malice Is man
slaughter, and thus defined it includes
a negligent killing which IS also vii
tul. ManSlaUghter occupies the mid
die ground between exCusable or justf-
liable homicide on the one hand and
murder on the other.
To constitute murder there must be
malice. and malice YOU will remem-
her was an intent to do bodily harm:
a formed design and deliberate desire
10 kill. 1t does not necessarily imply
any i'll will, spite or hatred towards
the Individual killed. but includes a
case of a depraved, wicked, and ma
lIciOus mind and a viii deliberately
bent on murder or doing some great
bodily harm. 1t implies premedita- |
ton which is a period or time for
prior consideration. but as to the dur
alton Of that period the limit cannot
be arbitrarily fixed.
The time in which to form a design |
varies as the minds and temperaments |
of men differ, according to the cfrcUm-
stances in which they may be placed, !
and an interval of time between the |
forming of the intent TO kill and the |
execution of such intent sufficiently |
long for the defendant to he fIrlly con- |
sCiOuS of what he intended, is suff1c- |
lent TO support a conviction for muir |
der.
Malice as I have before said. may |
be inferred from the facts in the |
case; it may be drawn as~an Inference |
from all the evidence that is produced |
when taken into consideration as |
% tor, b.Osrz na1I
nor circumstance no matter how triv-
ial. which bears upon the question of |
malice should escape careful cOnSiG- I
Grafton by the jury. for instance the !
time and place of the deed, and the /
of the defendant as well /
as the use of deadly weapon and |
II is only as a conclusion from these
facts and circumstances that malice. !
if at all is 10 be inferred. Therefore
ifyoU find from the evidence, beyond
a reasonable doubt, thai James Hart
while in the possession or a sound
mind and memory and discretion,
within the peace and protection of the
government, and with malice afOpe-
thought, express or implied, at any
time before the finding Of al fn6ict-
ment against him, at Fort Barrancas.
Fla. on a government reservation, di1
UnIaWfully and felOni0uSly shoot and /
Kill Oscar l.. Gatlln. 1nen you SHOULD /
find the defendant guilty Of murder.
Sec. 1 of the act of January the tif-
teenth provides that in all cases
where the accused is found guilty or
the crime of murder or of rape I'M
der section 1899 or 5345 Revised Stat
utes of the United States, the jury
may qualify their verdict by adding
thereto without capital punishment
and whenever the jury snail return Z
verdict qualified as aforesaid. the per
son convicted shall be sentenced 10
and hard labor for life.
Section 5339 referred to IS the pro-
vision of the revised statutes under |
which the defendant is prosecuted.
and / charge you gentlemen. that IN
der the law just read YOU may qualify
your verdict in this case if YOU should
find the defendant guilty or MURDER ~
adding thereto without capital pun
If you find from the evidence be
yCnd a reasonable doubt that James
Hart shot and killed said Oscar L.
Eatlin. at Fort BarTancas. Florida. Oh
he government reservation. any time
before the bringing of the Indictment.
and that such killing was neither jus
.ifiable or excuSabLa homicide. nor i
murder then you may find the said