Instructions to the jury as to the form and structure of the verdict should they find the defendants guilty or not guilty. Includes a definition of manslaughter and penalties for manslaughter.

To the giving of which instruction by the court upon its own motion as aforesaid, the said defendants then and there severally and respectively excepted.

And thereupon the court gave the jury the following instructions as to the form of the verdict:

If all of the defendants are found guilty the form of the verdict will be

We the jury find the defendants guilty of murder in manner and form as charged in the indictments and fix the penalty

If all are found not guilty the form of the verdict will be

We the jury find the defendants not guilty.

If part of the defendants are found guilty and part not guilty the form of the verdict will be

We the jury find the defendant or defendants (naming him or them) not guilty; we find the defendant or defendants (naming him or them) guilty of murder in manner and form as charged in the indictment and fix the penalty

To the giving of which instruction in manner and form as aforesaid, the defendants then and there severally excepted.

And thereupon the defendants moved the court that an instruction should properly be given with reference to the right of a jury to find a verdict of manslaughter under the indictment.

And thereupon the court stated to the defendants that if they desired such an instruction given they could prepare the same and submit it to the court.

And thereupon the jury was directed to retire from the bar in the charge of an officer.

And afterwards the counsel for defendants submitted the following instruction, and thereupon the court sent for the jury and upon their coming into the court room, each and every defendant being present, the court then and there gave to the jury the following instruction, to wit:

Given for defendants.

The court instructs the jury in the words of the statute, that: manslaughter is the unlawful killing of a human being without malice,express or implied,and without any mixture of deliberation whatever. It must be voluntary,upon a sudden heat of passion, caused by a provocation apparently sufficient to make the passion irresistible or involuntary in the commission of an unlawful act, or a lawful act without due caution or circumspection. (Given)

Whoever is guilty of manslaughter shall be imprisoned in the penitentiary for his natural life, or for any number of years. If the accused is found guilty by a jury,they shall fix the punishment by their verdict. (Given)

The jury are instructed,that under an indictment for murder a party accused may be found guilty of manslaughter; and in this case, if from a full and careful consideration of all the evidence before you, you believe,beyond a reasonable doubt,that the defendants or any of them are guilty of manslaughter, you may so find by your verdict. (Given)

And thereupon the jury then retired from the bar.

And afterwards, to wit, on the twentieth day of August, A.D. 1886, the following verdict was returned by the jury in said cause.