The Springdale news., 1913-05-16
0MER DAVIS FOUND GUILTY
tContlnued from fourth pa e


 
 milton and extent of insanity given in the instructions of the court.
 The court instructs you that ii you believe and find from the eYl- dence either that at the time ke killed deceased, defendants mind was so peryeTte q and deranged n one pr more Of his mental and moral faculties. as to be incapable of und- erstanding, at the time he killed de ceased, that such killing was wrong, or that the defendant, al the time was incapable of understanding that the act of killing was violation of the law, or that he had so far lost the power to choose between the right and the wrong and to avoid killing the deceased as that his free agenty was destroyed you find that he was so insane you should find him not guilty
 As to whether or not defendant knew the difference between right and wrong and the nature and consequences of his act at the time the alleged offense was committed, is a question of fact for tIe jury to determine from all the facts and cir cumstanees and tes imony before yot in the case.
 The court charges the jury that voluntary intoxication is no defense to this charge. but if you believe from a prepondersnfe Of [! 2 eYi- dence that at the time of the kill ing of Nelle Moneyhun by tie de fendant, Omer Davis, if you s@ould find from the evidence that the said Omer Davis did shoot and kill the said Nelle Moneyhun that the defendant was laboring under such a defect of reason from disease of mind regardless of the cause of such mental condition as not to know the nature of the act he was doing. or, of he did know t that he was ignorant that what he was doing was wrong, then you will find the defendant not guilty.
 l charge you before you can find the defendant guilty of murder in the first degree the state must prove to your minds beyond reas- enable doubt that prior te and at the time the fatal shot was fired, the defendant had, with malice afore thought, reconciliation and delibe- ration formed in his mind specif- ic intent to kill and murder tie said Nelle Moneyhun, and if you fail to find said facts and each Of them proven beyond a reasonab Q doubt, you should find the detend- ant not guilty of murder in the first degree.
 If you find from the evidence that 0mer Davis killed Nelle Moneyhun, but did so without premt al at on and deliberation you cannot convict him of murder in the first degree. al- though said killing was unlawful and not justified.
 The court instructs the jury that it's your duty to reconcile the testi= mony of all the witnesses so that u may all stand and be taken as true if you can If you find a con flict iH the testimony that you can not resoneiled it then becomes your duty to weigh the testimony bear ing upon any disputed fact, and in doing so you should take into eon- sideration the number Of witnesses testifying to any disputed fact, tHeir means and opportunities for ob- serving and knowing the facts TO which they testify, the interest that the party has in the result of your verdict, the relation, if any, that the party is 10 the party in terested in the result Of your ver- dict, the demeanor of the witness and his manner Of testffying while on the stand. the reasonableness and consistency of the story Of each witness, it's corroboration by other evidence in the case and it's accord with your own reason and experience.
 J. '. Walker made the opentn. speech for the state and spoke for forty-fiye minutes. It was pros nounced by those who heard il to have been one Of the strongest pleas ever made in Washingtcn County, being eloquent, log, al and foreeful. Mr. Walker told the jur- CTS they were not there to return a verdict 10 please the parents of Nelle Moneyhun by sending the de fendant to the gallows, nor to re- turn verdict to please the young man and his relatives by sending him to the penitentiary or releas- ing him. but to enforce the aw