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124 X. AMERICAN 8TATE TRIALS.

tuted, the killing is murder in the first degree; as if one with-
out uttering a word should strike another on the head with
an axe, this would be deemed premeditated violence within
our act; it will constitute the offense, if circumstances of wil-
fulness and deliberation were proven, although they arose
and were generated at the period of the transaction. If
the party killing had time to think, and did intend to Kill,
for a moment as well as an hour or a day, it is a deliberate,
wilful and premeditated killing, constituting murder in the
first degree.””

The principle of inferring intent from the nature and
character of the weapon and wound runs through a long series
of judicial inquiry, and is as well established as any other
principle governing the administration of the criminal law.
The State might with safety reat the proof of malice upon
this fact alone, but there are other facts and circumstances
bearing so directly upon this point that I cannot let them
pass without notice. The concealing of the body also fur-
nishes evidence of malice. Mr. Wright thinks but little im-
portance ean be attached to this, as an innocent person,
through extreme fear, might do the same. I can well imagine
a case in which it might occur. A very timid man might
slay another in self-defense, when no other person was pres-
ent to witness the transaction, and the fear of being charged
with murder without his being able to prove the justification
might induce him to conceal the body; but such a person
would not appropriate the property of the deceased.

‘Worrell, moreover, had Bruff with him to prove the per-
sonal conflict, if any had teken place. Besides this he is a
bold, daring, reckless adventurer, not having the fear of God
or man to molest him. In his case, then, the cireumstances
attending the concealing of the body furnish abundant evi-
dence of malice, He also rifled the pockets of Gordon and
took and appropriated his horse, watch, saddle, bridle and
saddlebags with their contents. This leaves no doubt as to
the motive for the commission of the crime. About this time
the company was collecting county and individual subscrip-
tions for stock, and as Gordon was on his way to St. Louis,

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