El Paso herald. (El Paso, Tex.) 1901-1931, 1914-01-29
H.H.Major Acquitted by jury

definitions for your guidance in arriving
a ..iFeIonousIy is a technical term used in
indictments charging a felony, and means
wrongfuIy and wiekedly and that the &C
cused if convicted, may be punished by the
death penalty or by imprisonment In the
''yviifuIIy signifies that the act charged
to have been committed was done intention
ally and was not there suit OF accident or mis-
deliberately does not mean brooded
over. considered or reflected upon neces-
sarily for week, a day or an hour, but
IN means an intent to Kill. executed by the
defendant in a cool state OF the blood In
furtherance Of formed design or pur-
malice describes an act flowing from a
wicked and malignant motive and is not
confined TO Ill Will as commonly understood;
Malice is expressed when the ulliaWL u y.
killing of the human being is deliberately
intended and manifested by external circuHl-
stances in evidence.
Malice is implied when the killing is
done without any considerable proVocaIi0h
or when all the circumstance OF the XIII
ing show a wicked and malignant heart
''Premeditated malice afOrethought Is
where me intention TO unlawfuliy take
human life is deliberately formed in The
mind. and that intention thought OF before
the fatal deed is done. There need De no
appreciable space Of time between tne 1oI-
nation Of the intention ana the killing It
self L is only necessary that the active XIII
elaboration and preneditarlon on the part
Of the slayer.
a felony is public offence punishable
with death. or which may be punlshaDle
with Imprisonment in the penitentiary or
state prison. OF any other public offenee
expressly declared by law 70 be a felony
Theory Of the State Outlined.
IS. 1t is the theory Of the state IN this
case, that the deceased. H Eudora MAJOR
came to her death by poison felonously ad-
ninistered to her BY the defendant, with
malice aforethouEht and with the felonous
intent to effect her death, and this theory
il is cOntended by the state is supported Dy
facts and circumstances surrounding ner
sickness and death; the defendant denies
that he administered any poison to the de-
ceased, II. Eudora Major and advances
other theories, which he eonIehlus tS 49, -
account for the death Of H Eudora MAJOR,
and for the arsenic found IN the VlsceIa
taken from her body at the post mortem
examination, viz;
Contentious of Defendant.
a. That her death may have been oc-
casiOned by bismuth poisoning
80. That it may have been occaSloheu Dy
arsenical poisoning due to the absorption
Of arsenical dust gas from the wall pa
Der upon the dining room of the house Oc-
cupied by the defendant and his family.
%. That the deceased H Eudora Major
may have died from Some toxic poison
found in the vfscera so taken at the au-
topsv may be accounted for either by ar
senic from the wall paper, as 2Ioresalo, OF
from arsenic taken IN with tLls DIsLlutH
as an impurity, or from the continuous use
Of medicine for her complexion or medlelne
prescribed for her Tor menstrual trouDIe,
containing arsenic; or from the embalm1ng
fluid or from combination Of any two
or more of these causes; ana the court IN
structs YOU that II you believe from the evi-
dence that any Of these theories advanced
by the defendant are true, or II you nave
any reasonable doubt as to whether or not
they are true: then, and in that case you
must find the defendant not guilty.
And. the court further instructs you that
even though you believe from the evidence
beyond q reasonable doubt that there was
arsenic found in the viscera OF the said h
EudOra Major, it is not incum bent upon. the
defence to account for the presence Of such
arsenic unless you believe from the evidence,
beyond a reasonable doubt, that the said H.
poisoning, and that such poison was ad-
ministered TO her feloniously by said de-
Other Evidence.
GO There has been introduced in
this case evidence intended on the
part Of the state to prove other
alleged crimes than that charged IN
the Indictment, tOwit that the defendant
before the death Of H Eudora Major, caused
the death of his first wife, Mrs Christine
Major, and attempted TO poison his SON
Mitchell Major. and that subsequent to the
death Of the said II. Eudora Major, he at
tempted to poison his present wife, Mrs
Isabel Major; there was also introduced some
testimony intended by the state TO show
alleged embezzlements Of monies alleged to
have been collected by him and retained to
THE court instructs you, however, that
YOU cannot consider this evidence, or any
Of it as proof Of the commission of the
namely, the alleged murder Of H. EudOra
Major. but you can only consider such evil
dence as to whether it throws any light
upon the motive Of the defendant in COM
hitting such crime, if you believe beyond
a reasonable doubt that he did commit It,
or on the question Of whether the defendant
purposely gave poison to H. EudOra Major,
If you find from the evidence beyond a
reasonable doubt that he did give her poison;
or, you may consider it in the event that
YOU believe from the evidence, beyond a
reasonable doubt, that defendant planned
and schemed the death of all Of these per
sons not as proof Of the crime for which he
stands indicted, but as proof that such plan
or scheme actually existed. and that the
alleged poisoning Of these other persons. ii
ne did poison them, and the alleged embez-
Elements, II there were any, were in further
ance Of some scheme or plan.
Cases Not On Trial.
Although you may believe from the evil
dence introduced, beyond a reasonable doubt
that the defendant is guilty Of the poison