El Paso herald. (El Paso, Tex.) 1901-1931, 1914-01-29
Charge Of Judge in Noted
Case Is Quite
Lengthy.

Continued from page -
in December: probable poisoning from
eating cherries and other things.
states Allegations.
The state commended thaI the poison
ing was done by the defendant ana
counsel for the state particularly
stressed the motive therefor In con-
uectiOn with the insurance IN force
and resultant from the DEAN. AS a
basis of this motive il also stressed
tie financial condition Of the defend
ant
The defence stressed the connection
OF the New York Life insurance com
panv with the case, holding that tne
prosecution was inspired by that com
nanv to defeat the payment Oh the POI
icv In this connection local gossip
was contended had much to DO with
The order of the argument by coun-
sci was as follows District attorney
III B. Hamilton opened 1oF the StotS,
ne was followed by IL III. L'aus heI -
for the defence, II y. Holt opeu5u
for the defence and =. A Mann Iol-
lowed him, also for the deIence. me
argument closed with the speech o.
b. q. Fullen. associate counsel Ior tho
state
Courtroom Packed
rie-esaTiing the fact that snow
storm was raging at the ume the
court room was packed 10 us liIlliL q
the Wednesday night session OF w
court. the larger percentage OF peOpie
standing.
List Of Jurors.
The 5urv was as follows; James
Rrownfield jr-. Eli Mosier, CanuI0
Martinez, z. IT. Simmons, Nl cor,
Hsdey, J. T. Hobson, T; W. W IllG Bo9ie
Davis. Mike Mcdonald, W. hoO1
G ne baliffs who have had charge Of
the jury are Kick Haynes ana d. -
'7'i me iindge-s charge to the jury was a
long and comprehensive one, deIinln5
pofnts which might puzzle the JGI
men and showing what the J4tS
should do in regard to deterrnlhlI5 ''-0
credibility of the ev1Qence.
INSTRUCTIONS to the jury. ..,,
Judge Granville A. richardson 3 i-
ton to Jury follow
Gentlemen Of the Jury; 49,. .-,-,+,- New
~ The grand jury Of Otero county; 49,
Mexico by-an Indictment returned, ~ $1,000
n 4jS5e rourt on the 31st day OF OctoDer,
1913 charges the defendant; [1dl - ~
1Ts5cr With having committed the crime o.
-l----5s- ~ one 81 Eudora Major, on the 19lH
dav Of December, 1912, IN tnf Co' ~
Otero in the state OF New AeAlCo, - 70
49, been selected and sworn as q jury 70
49, 5g1iSe bfs e-71ilt or Innocence from the
eZ7iSe1ce in the case and the law as given
you Dg 1r NM is the unlawful killing Of a
s--,-,.- tafur with malice atoreLnouB II l
either express or lnlPli bz anT Of the vari-
Gus means by which death may De occa-
slo ~ The statutes Of the state Of New Mex
sen define murder in the first degree d
1o. .s5aT murder which shall be perpetrated
~ means of poison or lying in wait torture;
- ~ INV kinds Of Wilful. deliberate an
premeditated killing or Whlen Is On ~
IN the DeruetratiOn of or attempt 10 PEI pc
trate any felony, or perpetEaIeu from q , nc
liberated and prerneoltaleQ ueslsH ulAle =
fully and maliciously to ERECT the ueeIn q
act greatly dangerous to the lives OF DINERS
and indicating a depraveu mind regar uless
OF human life. shall be deemed murder IN
the first degree -. .s,- 90
a. You are instructed that IN orqer 20
find the defendant guilty OF murder IN the
first degree. the state must prove 10 your
satisfaction and beyond a ressonal1ie touoe-
First That the sald IL f1ueoLa NleJo ~ -.
killed: second, that she was killed by the De
PENDANT Hal Harvey MAJOR tnlrus Lnat
the killing was done by means OF aunlln
ing 10 and causing to be taken and swal-
lowed down into the stomach OF the salq Il
T77dora Major a poison called arsenic, which
was then and there the proXimate and e1-
ffcient cause of the death Of the said H
Eudora MajOr; fourth, that arsenic IS a dead
" poison: fifth. that such killing was unlaW-
I'M feIonious wilful. deliberate and pre-
7nedftated and was perpetrated from DELHI
crate and premeditated design uplaWIully
and maliciously to erect tne uealn on -, iIie
said H Eudora Major; sixth, that such kill
ing occurred in the county OF Otero. state
Of New MEXICO, on the 18TH cay OF Decenl-
her 1912 or at some other time within ten
years next before the finding Of the in
dictment in this case Whlcn was returned
into this court on the 31st day Of October,
1913.
Must BE Beyond Reasonable Doubt.
90 If You believe that each and all OF
the material allegations Of the Indictment
in this case as above outlined to you, have
been established by the evidence to your
satisfaction and beyond reasonable doubt,
then it viii be your duty to find the de-
PENDANT guilty Of murder in the first de-
gree as charged in the Indictment
"6 If on the other hand, you entertain
q reasonable doubt as to the truth Of any
one or all OF such material allegations as
heretofore outlined to you, then you snoulu
acuuit the defendant.
Definitions Given.
-. The court gives you the following