Show BROWNING BRONING JURY IS 15 INSTRUCTED UN ON lAW LAPOINTS POINTS I Judge Ritchie Outlines Positions Which Must Be Bet Bel T Taken in Returning Verdict Verdict Verdict Ver Ver- dict Arguments Begun John ohn Browning and his hi cousin Marriner A. A Browning accused Jointly of first degree murder for forthe I the tl killing kUUng of Benjamin F. F Ballantyne Ballantyne Ballantyne Ballan- Ballan tyne in this city on April 9 may maybe maybe I be found guilty of ot that that crime or j I guilty of ot three lesser degrees Involving inv in- in 1 v Giving the taking of ot a life Ufe or may maybe maybe I Ibe be acquitted of any crime accordIng accordIng according accord- accord Ing to Instructions given to the Jury by Judge M. M L. L Ritchie today The same conditions also apply to either I o of the defendants singly the court advised the juror Jurors I Immediately upon t the e presentation presenta presenta- I tion of ot instructions by the court fi final Ii- Ii I nal arguments were opened and will continue throughout the da day It is anticipated by attaches of ot the court I that the case will be finally submitted submitted submitted sub sub- to the Jury for a decision Friday Attorney Hugo B. B Anderson associate of ot District Attorney A. A E. E i Rogers and County Attorney Arthur E. E Moreton in pros prosecution of ot the Brownings Browning opened the argument I IE for tor the state Summarizing the forty odd re requests requests requests re- re quests for instructions presented by bythe bythe the de defense tense and about ten requests I from the states state's attorneys Judge Jude Ritchie reviewed about thirty-eight thirty I points involved in the case as hl hM his I instructions on the law lIe He outlined in detail the position that must be betaken betaken betaken I taken by the Jury in itt bringing a It verdict of guilty on on first st degree e murder second degree murder voluntary vol- vol YOl 1 j manslaughter or Involuntary involuntary tary manslaughter ml I THEORY THEORY OF SELF I On On the of self-defense self I as set up by The defense in the tria the courts court's instructions were I I that to make such contention the defendants must have attempted to I avert ert the act resulting In the death Under the law It was pointed out I the defendants would not be able to provoke an attack and then claim self defense In the slaying of the deceased I I Also on this point the courts court's In Instructions instructions in- in In-I In were that Marriner A. A Brownings Browning's right to protect John Browning were no greater and no noless noless noless less than John Brownings Browning's right to protect prote t himself It was ras stipulated that the defendants defendants defendants defend defend- ants were to be regarded equally guilty or Innocent on the grounds that one who aids another In the commission of at a crime either byword by byword byword word or deed Is equally guilty guilt with the one who actually commits the crime The old age theory of ot la lav v was in in- in yoked Judge Ritchie explained In InI that It requires a person attacked or 01 about to be attacked to retreat so far far his safety will permit be before before before be- be fore making an attack which re results results re- re suits in the death of or his or doing him seriously bodily harm Testimony concerning the good character and reputation of ot the defendants de de- de- de must be considered along with all of ot the other evidence and not apart from whatever else may have haye been introduced the court ruled CONVICTING ELEMENTS If It there should hould be any reasonable doubt as to premeditation on on the part art of ot the defendants then there 1 I C can n be no verdict of ot guilty on first II degree murder the courts court's instructions instructions Hons outlined If It there Is found to toh tohA I h he hA absence of ot malice maUce then a ve ver vei r I dict ici of i second degree murder Is inv possible and if there is absence of ot su sufficient proof that an unlawful I act was wa being committed then a verdict of or manslaughter cannot be returned The Instructions also advised that it was wag Marriner A A. Brownings Browning's right to sla slay if It the appearance were that John Browning Brownl g gas was as in peril and that he did not havo have to wait walt for Cor subsequent events to determine his course Mrs Ballantyne it was held by bythe bythe bythe the court had the right to invite her brother to the tho home and also warn him of or any possible danger despite the objections of ot her husband husband hus bus band and that it was John BrownIn's BrownIngs BrownIng's Browning's Brownings Brown Brown- if It he Ite ings ing's right to go there armed felt that such course was necessary for his protection I Ifor of ot It was held on tho the question trespass raised by bv the state that has no noI the owner of a a. premises right to assault a a. person coming I on g 6 BROWNING I Continued from page 1 I. upon that premises premises unless It is manifestly manifestly man man- plain that such person does so to do him harm IN LAWFUL LAWFUL CAPACITY In going to the Ballantyne Balantyne home for the purpose of effecting a a separation separation sep sep- araton agreement between the husband husband husband hus hus- band and wife John Browning was wa acting in a wholly lawful capacity Judge Judg Ritchie Richie held in his tons He also contended that Mrs rs Ballantyne had a right to leave the home The question of ot alleged dying declarations by Ballantyne Balantyne was disposed disposed disposed dis dis- dis- dis posed of by the court in advising the Jury jur to accept such testimony if I it i is believed that the man was actually ct dying and anti had no hope of recovery recover at the time he made the accusations Unless such belief bellef ex exists exists ex- ex the Instruct Instructions ns continued all al testimony regarding the declarations declarations declara declara- tons attributed to Ballantyne Balantyne In in his dying hours must be disregarded disregard disregard- ed by the jury jur in arriving at a a verdict The instructions s contained the usual request that in the event of ofa ofa ofa a verdict of guilty of murder In the first degree the Jury must include any recommendation other than punishment by death If i such is de tie tie- sired It I was also stipulated that in inthe inthe inthe the event of different verdicts as asto asto asto to the the separate defendants each defendant must be clearly cleary indicated ed by name and nd the crime of which I h he Is found guilty Before reading instructions to the I Jury Attorney Thomas Marioneaux was given permission by the court to recall recal Marriner A. A Browning to the witness winess stand for one question Queston In connection with wih the pur purchase hase of ofa ofa ofa a 38 caliber calber pistol in December 1922 the defendant was asked whether thereafter he had carried the weapon in a special pocket of ot othis his vest He le replied in the affirmative tive and there was no cross naU nation n. n STATE ARGUMENT In his opening argument for tor the state Attorney Anderson gave practically all al of his hs attention to the instructions as given by the court and principally on the te question question queston ques ques- tion ton of self He also aTho sought to make it i clear that both defendants defendants defendants defend defend- I ants were equally liy ly guilty of ot the of offense offense offense of- of with wih which they are charged Now you gentlemen of of the Jury must take into consideration some of of the circumstances surrounding the he actual presentation of testimony testimony I mony In this case cae said the states state's attorney Except for to or the few words from the dying lips Ups of Ben Ballantyne Ballantyne Balant Balan- Balan Ballan Ballan- t tyne ne the entire entre story stor of this killing has come core through the lips of ot- ottile tile the defendants themselves or thos those connected with wih them Ben Ballantyne Ballan- Ballan tyne be brought here to tell tel his ils stO story He He added that it must therefore be assumed that the he defendants was telling a story not legs leEs favor favor- favorable able to themselves s as the circumstances circumstances circumstances circum circum- stances stances of of the case cae required The attorney also asserted that it was possible for the few words of of the dying lying man to carry car more conviction lon tion ton with them than the volumes Alt of f testimony of of tho thoe e ion on on trial for fori their heir lives |