| Show HUGHES ACQUITTED The Jerr Consider the Case for Serena Soars After tho conclusion of the am metals of the meut In attorneys n the Hughes trial yesterday afternoon Judge Zone charged the jury a follows charges Gentlemen you that of the tho Jarvt Indictment The coUnt in this ease alleges Ihat Tandy M Hughes the defendant on the 10th district day or November IS 10 thU Judicial disrict did kill one Frank D Ro n JWe ujib malic aforetbooKbt To thU Indictment the c rrdl e defendant has en tered a plea of not gauzy rue cur charge Jy that murder i the unlawful kale of a human 1 ing with malice aforethought and that malice may b expressed or Im plied that It M j expressed when leers is raanirested i t a deliberate lntenton uniswniiiy to tko the life of a hnman being that It I Implied when the cir cumtnnce attending the Uling how an abandoned or malignant heart and that every murder t ever mnrer perpetrated by B person lying in wait or any other kind f wilful deliberate malicloui and premeditated killing I manic in the first decree tint an Intention to kill upon deliberation mast bo proved in order to constitute homicide mur der in lie first degree I the delibera ton I mfllciont t form a distinct In tention to kill that I sufficient the te deliberation i Is upon the killing and not upon the distinct Intention after It upn lototon afur I lore Tho court further charge you that oecry t other unlawful wilful and pro meditated killing a human being with malice aforethought i murder In lie second decree Every person found guilty of mur mien in the Ural degree this law requires t suffer < utljunla tho Jury in their verdict recommend thai hem be Impru one a bnl labor in the penitentiary for life Upon ouch a recommenda lon tho cur may 8 sentence I is your province If you abould find the defendant guilty mandarin the first degree to name xueh a recommend AUe nmmed non In your verdict The cur further charge you that manslaughter the unlawful killing ui a uuroan ucmg wnnoiit mat and that it I of two kinds First Volun lacy upon a sudden quarrel or beat uf iia > ion and it must b without any doljbd alan or premeditation Second Involuntary In the commission of a lawful ac which might produce death In an unlawful al nnlnlul manner or without dne caution and circumspection eromoplon The court further charge you that lien it is neceK ry for one Iron to kill another In order to eavo he life cr who lIes ereJu5anc of the killing are tnch ta to induce In him a reasonable reason-able belief that such killing t I ne siry the person doing the killing U l Justified pl hare l fear of such killing I Inn I-nn n n nI I y un circumstance must be sufDcicut to excite the fears of a reasonable person and Ito party killing must act wholly under the influence of rucb fears The court further charges you that upon a trial for murder the commission commis-sion of the homicide by the defendant < le being proven the burden of prating circumstances of initiation or that justify or excuse dun oh es upon him d-un evi the proof on the ran of the prosecution nnli to xbonr that the crime committo1 only amounts to manslaughter or that the defendant justifiable or excusable < Although you may believe from the evidence that the defendant Immediately Immedi-ately before killing the deceased and before deceavMl had made any assault or demonstration hOle to defendant uied toward deceased violent and abusive language and dfplayed his pistol Tbut without aiming a at deceased de-ceased or alteinptlng any a snnlt n itb or without the weapon yet If Tllhout I you find that defendant thereupon returned hU jtlstul to hU K > cket and w in the act of backing or moving away from deceased with the Intent in P th nt nn pn n y y and that thereupon dee Uo uia neadacccd Innards defendant anti aimed hits pistol I at defendant in nch manner or under such eircum < rem stones is would lead a reasonable man situated fti defendant Wii to b lere that lii liP was In danger or that bo wa In danger of receiving great bodily liarin at thin hands of deceased de-ceased and ill fendant did bo believe anclul believed that ouch danger was imminent then I charge you that defendant would hae the rght to resort re-sort 10 whatever force should roem to him a a reasonable inau from the circumstance surruunding him as seen and understood by him at the moment necessary to pre ecu t the deceased de-ceased from doing him great bodily harm although the men employed resulted In the death 1 of the deceased nor south tho itcfrndint tinder such creuni tant s L required lo retreat bef r tiling the fatal thot unlcai 11 was apparent lo him that retreat mizht In resorted lo about cxpnsln him to great danger epln You are further Infracted that I the facts as you hind them to have been eszabliugtd by the evidence may b reconciled I with any rcasonabla theory if the defendants lnnocenceit Is your him dI toO reconcile them and to acquit himTlio Tlio Court instructs yon that the law is If a pcr on it annulled In such away a-way as lo induce In bin a reasonable belief that lie Ii in actual dinner of losing his life or of BiilTering great bodily bar ho Kill justified In do ItnMas liiinelf although the danger be nut real but only apparent Mich a ivrson mil not tie held rcpnntibla criminally if he acts In fcelfdefenso from real and hOle conviction ano Ibo character of the danger injured bv reasonable evidence although It should erxard appear that no injury T Intended and no real danger ex isted < ngr 1 no cur further charges that yon cannot find the defendant guilty from a infra preponderance the evidence And if after a candid and rot consideration con-sideration of nil lbs evidence vou have a reasonable doubt of tbo defendant iruiit you should acquit him A bare proibili of bo defendants innocence inno-cence cannot constitute a reasonable doubt The hesitation distrust or ippositlon contltiuing the doubt reason lift r upon and b the doubt of I you find the defendant pulKrTou will Ktatc the decree of the crime and such recommendation s you deem proper 1 yon find him not guilty you will say Ut tho jury find tho defendant not guilty The jurors wrangled with the case until about 10 oclock ole being for acquittal and scmo for a verdict of manslaughter At the time stated they came Into court and asked whether they were al 10WN to Know the limit of puiiUu ment for voluntary and Involuntary Involun-tary manslaughter Judge Zeros chare was read lo them and they ngtilii retired In a few minute they returned with a verdict of not guilty I and Hughes was discharged |
