Show THE LEE TRIAL judge Boreni atts to the jury of alic ami 1111 De defence felle commenced special to draven august 3 la the me en case judge boreman charged the tha jury jary at half past two tho the t room was crowded and all the interest manifested ia tho ilia case was vas as varied tied jop deep aa i at my previous time TUB gentlemen 1 jury I 1 the me introduction d ol of testimony for the prone proe cution anti and defense maj being now at an all end anil the duty does docs lay upon sac me in order to 0 o aid you yoa in arriving at a car correct conclusion io in your verdict to li in you upon the law a to lo alic cause and to give giro you muchang each BU as the ne bacs itic of the case seem to require mati hiti say questions of law is obligatory upon you yoo lat but what J state to ro fact is 13 not obligatory olli elory upon you the court is ia the sole judge of 0 the law of the case but you are arc the be eolo cole judges of ilia facts duets and also I 1 he bo credibility of the wito emes the mountain bleadow I cdo i which this ilu etso ciao log has caused for the first time amo to lo be investigated wu was a crime of tp sp telling railing planned sul ani carried out oat with a demon lilio liko ferocity IN DAYS or HOODS among civil civilized izod people and it is 13 of wide 1 int crost by reason of its ito enormity tied and its long clero is ia no 0 dispute di niuta at n lo in luo cacti ol of the massacre mai sacro at I 1 lud P 1 fcc specified it i however that this ihla defendant w waa as a participant ind and leader in ihn ibis bloody work and upon this ibis charge ho he is ii now upon hia big trial before you tho the prisoner at tho bar john D lee is charged sed with this crime guilty wl willi W II if dame lilac I 1 0 haight john M higbee george alair adair st jr elliot wildin hildro samuel junce philip E X smith and a W 7 C stewart Sl lot but only the alend ant lo 10 is ia now upon trial anti it is oo do concern ol of this jury whether my any or all allot of the other bo at w tested rosier gad and triad iri J or no not az bat at it is if only reasonable to that hit WILL BE A as 3 speedily pee dlly as it ii ia possible to be done you rou have only to 0 o do with billi iho he iono inno canco benco or guilt goat or this thia defended defend ad in order to rc aoh tho the truth in regard to tho the guilt or lono cenea it is ia perhaps the iha mist natural mhd massa ere cro itself not dot being disputed dispute dillo to inquire in first ILS as to whether thoro there win was any combination of nin bin ind and executing this thia kor deed azid and if there wai much euch combination and joint action then whether the ilo parties or say or of them indicted with tho the prisoner were in this combi nat ion it if to a then ilea jaaj iru party par to such combination it if froin irom the oti en dence you und such concert of action and operation cooperation co ca among tho parties charged or a num number berof of tb omana thit that tho the was jointly acting with them UE lie is 13 gullay oven though it might not alpar that he be with willi lis LB own hands dij did any ot of the killing lill liDE if K only were guilty who did tho the hooting shooting and killion with their own hands haid a then in but lew few cases of this kind could the ibe leaders leaders bo be deac reached bcd the tas rank and file klona alone would suffer it is is not to ti be shown that the defend defendant aut dil did with his hij own owa hands say any of tho the killing Idl ling bat if tho the killing were done by those with kill whom ho he wm co though his bis put part waa van not to do any of tho the 1 killing killon il lo be is ia guilty and it i it has be been on in your opinion shown by tho the evidence and that ho he actually did anya any of 0 he be killing that fact will be taken into consideration if however you yon find and from the evidence that there was lo 10 combination ioa or agreement axe emeal jo to iolet action then DO act of tiny of if the other patties would deren lant 1 unless it 16 esq done by fait own or 01 ussat in agag whether such co coia m bizalion bio aion alion existed it is not that ilat the shaw any it ii u the acts cause anil and of abo charged showed that thai an bog exsted and thit that they wre were or ol r abing jointly for the be of ocllo the same barao and and it the in your judgment shows others thin those charged char geil acted end co with those tan the ibo prisoner would bo be hold responsible for or their noli as they would bo be lot lor Us lis acts in pursa anchor anco or their common purdom the work of any was the work 0 of all and ir the parties bo be to diT orent palig iu in the he accomplish meet meat of tile the joint purpose some romo lodo to do one us tiling thing and wine bom to dand guard come gome to drive doivo wa goDi some eom to kill asmo lod tomo toda to jo other cartoof parte of tho the common work ALL ABE I 1 they all 0 operated to p occure one end ilia blau glater of a number of hamao into woman kivomon and children it 11 you belito front froia the ibo caid choo ill 0 t the iha prisoner was at the moa sacre then the huesli ques lioa on arises was wa be there for purpose an why did ho he go there and if jail you belaev a from the evidence chit be tej tea to any extent client in ic the accomplish mealon acol 0 10 lo object I 1 it later i for you YO U to la so ay y from the a V 1 a 0 R as wily why he bo so BO participated lt it ii claimed for the ibe defendant that ilia indiana were very much macli incensed lat bt asa emigrants who were billed ut mountain Uca Mcado dows wB it thu bid be true ln anil a that A grot great number of indiana ficro with abe tosia ia tho the mo and there is no doubt that very many indiana did participate IT IS 13 so no to elio llio whites for their there is u no ovi donae that say force wn was use to compel any alito man ian to join in the ibo nor it is it the wn tt illy willie mae maa bail bad any just ast C canio ause lor for engaging in these murders and ia 4 0 only pretended reason it is ILA uirt ibe abe indians w 0 K y incon wd at the emigrants alb but t ei hot bat is not A valid reason for alio hac engaging in ia the massacre nor cor does tho the evidence show 1 oy by rood good ground for the indians on a gigino in the massacre but as n to that buob aioo you crocoll anro rol upon to doride if from the evidence you yoa bo be cievo tho were oo 00 operation in ill concert with th alio whites whiles in iho of tho the 10 lo do ruction at of tho the emigrants labut it but makos a more vivid picture ol of the enormity and brutality brnt lity ol of the ichu ma hafl dwork corli Thee the charge barge in lathis ahia cro case is murder but it is not only the ho lill kill of a human being that is 13 murder besides the two degrees of murder thoro there ia H manslaughter brij ami ais alaa guati fible or excusable Loati marder is tho the killing of liny any human being wit with it malico malice aforethought either cither express or implied malice it is R i to ro done dona intentionally and without good cooil cause or excess if 11 therefore you believe from tho the ovi dence that tin the killing io in this instance deliberate and totted and with milice malice aforethought and nil that such each killing was vis in id purse once ol of a common design or purpose to which common purro poopoo a the abo do defendant was a party he bo is guilty lot murder in the first degree and you yoa will so BO find malice is an essential ingredient in ia the killing to io constitute the ibo crime I 1 of murder but it need not bo be express but bat maybe may bo implied from the act cols course anti conduct of ilia parties partie la in most oases malice malio is not blo ble of direct proof but bat may be established by inferences moro more or less strong to lie be drawn from the I 1 laota acts and circumstances connected with the ilia lilling killing and which il medicate indi cito alio disposition or sta toof ot mind with wilb which abich ilia killing killi oj is done it if however you yon could find from tho the evidence that tho the killing was with malico malice aforethought either cypros or 11 implied but wm was not wilful deliberate and premeditated it would mould bo be murder in ia tho the so ond degree anti il if the iho killing liiDi nf was unlawful but bat you yoa fina cod irom from ilia evidence thit there was n no 0 malice the crimo crime would bo be mm inin slaughter it if you roil believe from tho the evidence that there was vas malico malice tho the offe Js 13 ol of a higher grado lan ban manslaughter mia and if there was wag mall mailco mallco ice and ILO ait was wilt irilua iri al lul deliberato and premeditated it cannot bo be murder in aa tho the second degree bat is of a higher grade detill till onil end is ia mardar in ia tho ilia fint cret degree then ja in that cato it is IB murder in the tio first farat degree or footling Do thin that is ir if it bo be not murder to in ilia iho first degree it can only be jus jas bomicino bomi Lomi cido or oxen ablo homicide to bo be homicide it must have firby arisen from Iloa voida blo ble without any will intention or desire and without any anad vor in I 1 ibe he pirty kilar kill ri and t lit Le wiL libut blaic as 03 for example tho the cle cution according accordion accor lo 10 a law jaw of a 2 criminal crini inal who las bas been lawfully sentenced to be hanged 0 or second it ant havo b been cc a comm committed 1 aptt e tor tho ila advancement antof of public jus tico fon example it if tin an officer was as aulten soa cod jhai stad anti should mould kill his bis assailant laDt there hero is no evidence which clotild be classed under either cither ot of these thebo heads ot of justifiable homicide A homicide can be ba expensed only in two ways first when the sol act was what U called a misadventure that is where in doing a lawful act tho the party without any intent to hurt ua no fortunately liula kills an another othor second when a party acting in ia self defence lills kills another person thero there is no BO evidence that these were killed whilst their heir assailants veto doing a lawful act nor is there any evidence that those who 10 lo did the ho killing were acting in self Belt defence or in defense ot of their families or property it if therefore as I 1 lava bara stated you ou find from tho the that hat tho the killing was done clone wilfully deliberately and premeditated sod aud with malice you will find defendant I 1 a aad ad it if you yon nod fiad from the evidence abut it was wai not dono done wf wilfully ally deliberately ond and anti with willi malico malice you will at acquit quit the abo prisoner the abo burden of proof of dependants guilt rests resti upon 1211 alo ice and it is id for you to they cloy havo have made ont ant a case emo ot not in a OD as aa to the iho annera anners guilt or innocence it A is dot that it bo be shown thit hit all or a great number of persons were veto med but it is ia sufficient il if from the evid evidence enco you find cad that boo human buman beien was tilled killed provided tho the killing elala have boon been dono done by combination nor is i it tie necessary cess ary that tho namo or that the names of those killed killea bheula be shown lut but it any ol of them were fillod in ia the manner mander and lorm form as charged charR cd it is ia chent belore you cia can flad cod the pris pria oner once yoa you benco belica beyond a rea reasonable conable doubt the that the is guilty end aad taking tho the whole together it must mu it exclude every other oilier en ate but the guilt guidot of the iho prisoner A doubt is li only such a one as would ariso arise in the minds tn jibb tit of bresson resson able abla moo such am ai you are arc who are ted bo b O I 1 it t is 13 supposed anti add expect aid iro are reasonable men and competent to try such each a irsol the ibe possibility or 0 a doubt is ia not required because such proof nover can to lo made it is ia not to how you hat it is ia not possible that alio abo Is innocent to show beyond the possibility of a doubt dolbt that ho be is ia guilty lut cut it is in reproduce ilia ibo luco such each evidence that tha t when you over reasonably then you do not doubt tho guilt guill that the evidence OTi donca P la your minds n abl abiding ding conviction to a moral cartel certainty n of tho the guilt ol of the iho defendant boysol a removable reao remo niblo doubt is ia more mora thin theare alio llio IDOO anoe of evidence A of will d do 0 to support a verdict in ia a civil cicil case cafe but not ja ia a crimin teal ca cao you ton knust lo be Kalie fiod fro from ilia iho evidence ady lair fair creaso reasonable OIL doubt of guilt you must belvo ea an cot molion a moral certainty or of his guilt or you acquit lira him but absolute cert ceif dainty of gult is ia not necessary moral is Su tutors are so I 1 lava before cited sulo auto judges ol of the he or OF A idl ua it Is ii for or you TOO to say lay upon your oaths whit what degree of credit is id duo dao the testimony of each witness n audit and it is ii lot for you roa to ty lay upon your tour oaths deem the tha ol of any vitae m 0 o order tho the more specifically to give eive ilia law to you I 1 will real read tilo tho troug itous I 1 trot iret such as aro ro askea by tho the and as ai I 1 have bato li IJ l i lowed lt let to aut borizo tho enry to bad tho the prisoner guilty his bis guilt nuit must bo be emed beyond a doubt and by proof which sod al di abo cd e 8 I 1 the reason and hii judgment ot of theta who wh 0 pro arc bound to ant upon it it is ii proof beyond a doubt it it lovei loave in ia the ibo mina an abiding connection to s a waly ol of the tha truth of 0 tho the charge the iba oilier wo cont looke as follows lol lowa 1 21 that thai a mero mere possible litlo doubt is ii dot a doubt ad that it u is oot not to prove leo JAB actuary kaica any one ol of the emi I 1 giants with his hia own OTA bald but it he ha was vm present aul aided anil abetted till ilia lilting killing it is 13 4 ath th tho the jury jary must utterly disregard the ibo out ont testimony r ah b it is sol not iry to prove proto that a person named john smith was wa kilm killed at the m mal ma l in order to connect leo lc it if the jury believes there was ono one or moro ottlig of tho Omi emigrants grAnts killed ly by leeor lee or that h aided and abetted la ia tho the killing billing of em emigrants grants choso whoso names fro are unknown lah OD daiy bo pal in a murder without loing doing tho the deed ith ilia hia own hand it iiii is enough if he ha AIDED AN ASS D A the act so it if tho the jury iary believes believe beyond doubt that either leo or any of the abo defendants dd acted jointly and dd with malice aforethought thou tho the jury jary must finan a verdict of 1 is 14 4 tili ans arsi DEGREE tile tho burden of 0 proving that let killing was wilful tests rest upon the prosecution which it must mast show how beyond a reasonable doubt la de D these fioti bo be jury should look to thi the foot fact of the killing in connection with the attending facts fact as shown by tho the evidence FOB THE DEM lise wore were given which wo condense as a follows first there bauit bo be a union or of or joint operation of act and I 1 intention n or criminal crimi nil negligence second tho the presumptions of 0 inno 0 onico pro prevail vails and is to bo be destroyed moo only illy by b y such an emonot of 0 evidence ID of f gu guilt ailt as aa is ia calculated calculate il to produce tho ilia opposite belief third thu ole cir anat exclude to a moral cortaiL ty every hypothesis but that ol of guilt fourth defining clining il at length what is a reasonable doubt filth fifth tile ilio establishment of a rina acK as caso merely does not take away the ol of innocence bilth ilio he charge of combination or of defeat ant with other per persons ona to commit the crimo crime is a question of fact to be found by the |