A History of the Life and Trials of Thomas McGehean, who was Charged with the Shooting and Killing of Thomas S. Myers, in the City of Hamilton, Butler County, Ohio, on the Evening of the 24th of December, 1870: Biographical Sketch of Hon. C.L. Vallandigham. Character and Antecedents of the Lawless Organizers of the Indignation Meetings of Hamilton, Et Cetera. The Notorious Whiskey Ring of Southern Ohio

1874 - 291 páginas

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Página 181 - The connection of the individuals In the unlawful enterprise being thus shown, every act and declaration of each member of the confederacy, in pursuance of the original concerted plan, and with reference to the common object, is, in contemplation of law, the act and declaration of them all, and Is, therefore, original evidence against each of them.
Página 14 - All men are by nature free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty ; acquiring, possessing, and protecting property ; and pursuing and obtaining safety and happiness.
Página 184 - Therefore when one person assails another violently with a dangerous weapon, likely to kill, and which in fact does destroy the life of the party assailed, the natural presumption is that such assailant intended death, or other great bodily harm, and in the absence of evidence to the contrary this presumption must prevail.
Página 186 - Manslaughter is principally distinguishable from murder in this ; that though the act which occasions the death be unlawful, or likely to be attended with bodily mischief, yet the malice, either express or implied, which is the very essence of murder, is presumed to be wanting ; and, the act being imputed to the infirmity of human nature, the correction ordained for it is proportionally lenient.
Página 187 - We, the jury empanelled in the above-entitled cause, find the defendant, Enoch Davis, guilty of murder in the first degree as charged in the indictment.
Página 175 - ... such person shall be deemed guilty of murder in the first degree, and upon conviction thereof shall suffer death, or be imprisoned in the territorial penitentiary during life.
Página 179 - ... committed by the accused. Under the first head we are to inquire and ascertain, whether the party alleged to have been slain is actually dead ; and, if so, whether the evidence is such as to exclude, beyond reasonable doubt, the supposition that such death was occasioned by accident or suicide, and to show that it must have been the result of an act of violence.
Página 185 - ... murder In the first degree, however short the time may have been between the purpose and its execution. It is not time that constitutes the distinctive difference between murder In the first degree and murder in the second degree.
Página 179 - It is evidenced by an act which springs from a wicked and corrupt motive, attended by circumstances indicating a heart regardless of social duty, and bent on mischief. Malice is said to be express, where the cruel act is done with a sedate and deliberate mind ; with settled and formed purpose. This kind of malice is generally evidenced by the circumstances preceding and attending the transaction complained of, as by threats, menaces, former grudges, lying in wait, concerted schemes to do injury,...

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