The Birmingham age-herald., 1913-09-02
IN LONG CHARGE TO
GRAND JURY JUDGE
FORT HANDLES AUTO
SPEEDERS ROUGHLY

CONTINUED From Page Five)
is furnished by legal documentary evil
dence. Witnesses must testify to facts
within their knowledge or give informa-
ton, from which primary evidence can be
secured. Any witness, however, may be
compelled to testify as to any offense
within his knowledge without being espe-
cially questioned as to any particular
person, time or place. Any grand juror
who knows or has reason to believe that
a public offense has been committed in
the county, must disclose the salne to his
fellow Jurors, who must thereupon inves-
tigate it. In the following cases a grand
juror must not be present or take part
in the deliberations of his fellow jurors
respecting that case, namely: % When
he is himself charged with a crime or
misdemeanor; (2) when crime or mis-
demeanor has been committed against
his person or property; (9 when he is
prosecutor in case; (D when he is con-
nected by blood or marriage with a per-
son charged with a crime or misde-
meanor. Under such circumstances a
ticuar case, and whenever, by reason Of
several grand jurors being thus inter-
ested or disqualified, the number of grand
jurors is reduced below 10, the remain
ing grand jurors must at once notify one
of the judges of this court that the
places of the disqualified jurors may be
supplied during the consideration of the
particular case in hand.
Solicitor Required to Assist
'srhe solicitor is required by law to at
tend the sessions of the grand jury for
the purpose of assisting in the eXamina-
ton of witnesses in your presence. or to
give you legal advice; but in no case
must the solicitor be present when you
are expressing your opinions or giving
your votes in any case before you. At
such times the solicitor should retire. AN
official stenographer is provided to take
down and transcribe the testimony OF
witnesses before you, and this stenogra-
pher is duly sworn to keep all proceed
ings secret He must not be present dur
ing your deliberations, or when you are
voting on any matter pending before you
His presence is allowed for the sole pur-
pose of taking down the testimony and
when this task is completed he should re-
tire.
ceTlOuSneSS Vi fNluIuci
"(3), The most serious crime known to
our law is murder. Our people have suf-
fered much at the hands of murderers,
who have trampled upon law and have
shed human blood with impunity, but the
time has passed in this county when the
man-slayer can escape prompt trlai anu
reasonably sure punishment for his
crime. Stern measures of redress are re-
quired for the protection of society and
a. - t,x, 1r.
piled looking to this end. The principles
of law in regard to unlawful homcides
are so well understood that it will only
be necessary for me to define the four
degrees of felonious homicides, leaving
the rest to your general information and
Intelligent application There are four
degrees of unlawful homicides known to
the laws of Alabama, namely, murder in
the first degree murder in the second
degree, manslaushter in the first degree
and nanslaughter in the second degree.
Murder in the first degree is the willful
malicious deliberate and premedftated
killing of a human being. Willful means
governed by the will without yielding to
reason. Deliberate means formed with
deliberations as distinguished from sud-
den and rash act. Malicious means with
fixed hate, or with wicked intentions or
motives not the result of mere sudden
passion aroused by an adequate provo
cation. Premeditated means contrived or
designed before hand. Each of these ele-
ments must exist together in the mind OF
the slayer and prompt the fatal act; al
though the law fixes no particular length
of time wherein these elements must be
shown TO exist. There must be pre-
viously formed purpose to take the life
of the person slain, and must be the re-
suit of the voluntary, intentional employ
ment of means calculated to produce
death.
Murder in The second degree is the
unlawful and malicious killing of hui
man being without premeditauon and de-
liberation. 1t is distinguished from mur-
der in the first degree by the absence Of