Year: 1878

Again, if man be sick of disease which
by the course of nature might possibly end
his life in half a year, and another give
him hurt which hastened his
death by irritating and promoting
the disease to operate more violently or
eedily, it is an unlawful killing according
to the circumstances under which the hurt
was given.


No matter how feeble the condition of the
diseased may have been, however short his
thread of life, the law will not permit the
use of any means to abridge it unlawfully.


Third-Omitting the statutory definitions
CT the three first degrees, every killing of
human being by the act. procurement or
culpable negligence of another where such
killing is not excusable or justifable, or is
not murder or manslaughter of some other
degree. is manslaghter in the fourth
degree. to relieve party from the charge of
murder, the act must not be one eminently
dangerous to life, and there must be no evi-
dence of a mind depraved, regardless of
human life to reduce the grade of mar
slaughter.


To reduce the offence, and relieve the ac-
cused from responsibility, when death has
been the consequence of his act. in other
words, to make the act excusable, it must
appear after you are reasonably satisfied of
the fact of death and agency of the accused,
satisfactorily to you as graud jurors, that the
act causing death was lawful act and done
in a proper manner, by lawful means, with
ordinary caution. and without any sinister
intent.


Ordinary caution to prevent mischief. SAYS
the law. s'for if man take upon himself an
off t111fxy slA'U I,xy
his Ignorance. carelessness, or negligence he
cause the death of another, he will be guilty
of manslaughter.


Gentlemen of the jury, under the oath
you have taken, think it is the duty of a
grand jury, whenever there is question
raised upon reasonable grounds as to cause
of death from violence of one individual
within the proper limits, to inquire into the
case and the circumstances surrounding it,
that the law be upheld, or that innocent
persons suffer not under the terrible imputa-
ton of having caused the death of fellow
being-not that would have you rush into an
investigation of every idle rumor. to the
burden of the county, but that when you have
reasonable grounds to believe that a
party has come to his or her death
by any of the ways, means or manners here





ly satisfactory be given by the accused mot
by him given before you, for he cannot be
received by you as witness) you will not
fail out of any considerations personal to
yourselves, or from the personsl standing of
any. hesitate in your action, and find true
bill. You are not to determine the final
guilt or innocence of any person. That duty
is to be performed by trial jury. when the
defendant has a full opportunity to be heard.
both in person and by counsel. In other
words, your duty is to find bill, when from
all the evidence adduced before the State
makes out prin,o .facie case against the
accused.


Gentlemen, having thus briefly called your
attention to the law, and your duties, as |
understand them, in connection with sub
jects presented, WILL in connection with
my charge concer ming the alleged homicide,
and as german to your Investigations; pro-
vided you should find from careful exami
nation of the testimony relative thereto,
that the charge is false and untrue, present
for your consideration the law upon the sub
ject Of libel.


A libel may be defined as a malicious
defamation of the character, conduct, or
dOings of another, written. printed, DC,



sion of crime. tending to injure, blast, or de-
grade the name, reputation. character. DC,
of dead or living persons.


The law recognizes this as an offense as
giving occasion to breaches of the peace. and
subversive of the welfare of society. 1t is
true that the law mockingly tells us that
every person is entitled to a certain remedy
for injuries or wrongs which he may receive
rhcr 1<r&v $ha oI
ministration of our American system of
laws the license of the defamer is only
equalled by the supineness of its enforce
ment or the absurdity of its attempted exc
cution. This, however. should not deter
you. if occasion demands your Intervention,
from the plain line OF duty. 1t is your duty
to present things as they come to your
knowledge. and il will not be the fault of the
court if the wholesale practice of traducing
private character in defiance Of
personal rights does not for once meet with
a check. Nevertheless. you will remember
that the organic law of our State. provides
that all persons may freely write. speak and
publish. their sentiments being held re-
sponsible for the abuse of such rights In the
malicious defamation of Others


In conclusion, gentlemen. while / hope
you will use all necessary dispatch, In the
discharge of your duties, hope also that
none go unpunished through favor or affec
ton. Much pressure may be brought to
bear upon your action, unheed it. listen not
to it. no matter from what source. or from
whence. Llet not the standing of any influence
your minds. bias your action. or control
your honest convictions. Conscientious
justice should descend alike upon all. with
out distinction or discrimination. Your
duty is before You. 1t is plain. Discharge
il. +. ST. JULIEN Cox.