The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1908-05-28
HARRIS CASE IN THE
HANDS OF HIS JURY
Continued From First Paae)

sequently will charge you only upon
the law of the case.
The indictment against James Hart,
the defendant, charges him with the
murder of Sergeant Oscar L. Gatlin on
a military reservation at Fort Bar
rancas, Escambia county, Florida. 1t
Is charged that said post or fort was
then and there and before said time,
to-wit; on the night of the eleventh
and the morning of the twelfth OF
January, A d. 1908 coded 10 the
United States and was then and there
and now is under the exclusive jUr1s-
dictiOn of the United States.
This court could not entertain juris-
dlctiOn of the Offense charged agaInS
the defendant unless ii was alleged 10
be committed On the reservation or
within some fort, arsenal, dOck-yard,
magazine or some other place. or dis
trict, under the exclusive jurisdiction
OF the United States. If it We're not
so charged the offense would not be
cOgniZable under the laws of the Unit
ed States, and this court would be
without Jurisdiction to try it. | there
fore charge you as a matter OF law
that the instrument executed by the
government of the state OF Florida
which has been produced in evidence,
in this trial, cedeS to the Uaited
States exclusive jurisdiction over the
lands and territory cGptained within
the boundaries of the military reser-
walton, in which is situated Fort Bar
rancas but like the other material
facts charged in the indictment the
burden is upon the United States to
prove beyond a reasonable doubt that
Of of
uitted, was within the limits OF the
jurisdiction from the state Of Florida
to the United States. and used and
occupied lby the United States as such
army reservation.
That is a question OF fact for YOU
to determine from a consideration of
all the evidence; and if YOU find that
the homicide was not committed with
i'll the boundaries covered by or in
Guided within the cession, then the
offenSe would not be within the Juris-
dictiCn of this court and If you snouIu
so find, it would be your duty to ac-
cnit the defendant.
If you are satisfied that Sergeant
Gatlin was killed by the defendant
at or within a place under the exclu-
sive jurisdiction of the United States.
II Will HoAL Ue your OuIN 10 INQUIRE
into the facts and circumstances of
the alleged killing in order TO deter
mine the question of the guilt or in
nocence of, the defendant, James Hart.
The crime as / have already said
to you, charged in the Indictment is
murder, but in your consideration or
the entire case you will not be limit
eG or confined TO an investigation sole
ly Of that Offense.
The statutes provide that in all
criminal cases the defendant may be
found guilty of any Offense the COM
of which is necessarily con
tanned in that which is charged in the
Indictment and you are instructed by
the court that the crime OF man
slaughter is included within the crime
of murder
Both of these offenses are defined
by the law and l will read you def
milton of both.
Definition of Murder.
Murder-The Revised Statutes of
the United States prescribe a penalty
for any person who commits murder
within any fort or other place or dis
trict of country under the exclusive
Jurisdiction of the United States But
the statutes do not define the Offense
Of murder. Therefore We must turn
TO the common law, as It was IN Eng
land before the revolution. and has
been interpreted since by the courts,
for a definition of that crime. It is
this: Murder is where a person OF
sound memory and discretion unIaw-
fully and felOniOusly kills any human
being in the peace of the sovereign. /
with malice, prGpense or afOrethOught
express or implied.
10, . hn oHS Of {
slaughter is denounced by the Uuited
States Revised Statutes, IN Section
No. 4341, prescribing that evorv per
son who. within any of the places or
upon any Of the waters described in
the section that I first read tO-wit: /
ANY fort, arsenal. etc. every person /
who there unlaWfuNy and wiIIfully. :
but without malice, strikes, stabs, /
wounds. or shoots at. or otherwise in f.
lures another. Of which striking, stab :
Ding, WOUnding shooting or other in F,
Jury such person dies. is guilty of
The crime of manslaughter. That is
the definition of manslaUghter.
You viii observe. gentlemen, that
he distinction between murder and
is that in the first.
ualice is present and in the latter
t is absent. II Is therefore necessary
he word malice.
Malice is defined as an intent TO do
injury TO another or design TCTn:-
"a of doing some mischief 10 another.
Il is essential that malice be shown
II order to mako the oFense OF muir
Ter; it may be inferred from the man
ner of killing. if there was a formed
purpose TO kill al the tine Of the
shooting it is sufficient. But maIica
being an essential element CT murder
and proving malice like any ether
fact the burden is on the governments
to prove beyond a REASONABLE doubt.
There IS another legal phrase which
calls for a definition ar TIE outset and
which is necessary 10 explain TO you
n this correction ard that is excus-
able Or jUstiiable homicide
Homicide is eXCUSable when COM
ritted by accident or misfortune IN
legally correcting child or servant
)r in doing any other legal act Oy
awful means with usual ordinary care
md without any unlawful intent o.
~ misfortune or accident in heat CT
;assiCn. upon sudden and suTcienl
lrOVcHotiOO in GTnO pOr1ohot