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EDWARD D, WORRELL. 35

the responsibility upon others. It is a thing defined in the
following words: ‘‘Express malice is, when one of sedate,
deliberate mind and formed design, doth kill another; which
formed design is evidenced by external circumstances dis-
covering that inward intention; as lying in wait, antecedent
menaces, former grudges and concerted schemes to do him

Thus, jurors, you see what it is you have to find, and also
what is the evidence of its existence. You have to find a fact
—the condition or atate of the mind at and before the Killing,
and the formed design of that mind; and you see also how
that state of the mind, and that formed design muat be exhib-
ited. The ‘‘lying in wait,’’ the ‘‘former grudge,’ the ‘‘pre-
vious threat,’’ or the ‘‘concerted scheme to do the party mis-
ehief,’’—these, or some of these, are the external circumstances
which must appear in evidence, before you are warranted to
find the state of mind and the formed design which make a
Killing capital murder. Both must precede the act; and nei-
ther ean be implied by the law. It is your work to find both,
and yours only.

You have all heard, perhaps, of the case of Jackson, in-
dicted for the murder of Laidlaw in the St. Louis Criminal
Court. There was much false clamor by thoughtless, incon-
siderate men (who knew nothing of the case as it appeared in
court by the evidence) touching the result of that case. I
refer to it, not to deal with that clamor, ignorant as clamor is
apt to be, but to illustrate the distinction in our lew between
the degree of murder, made by statute. In that case, as in
this, there was no eye-witness to the killing; there as here,
the circumstances of the killing were unknown. There, as
here, the dead body was found on a road, called the King’s
highway, but not so great a thoroughfare as the Boonslick
road. The evidence was all circumstantial evidence, ag in
this case. The State relied upon the cireumstantial evi-
dence to connect Jackson with the killing, and it was
deemed sufficient by the circuit attorney for that purpose;
and, in fact, it did not only connect him with the killing, but
also excluded a killing by any other person. On that state

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