Portland gazette and Maine advertiser. (Portland, Me.) 1805-1818, 1817-02-05

, ton take place :
, Wt. About ten O'clock.
Mr.. S. Ar what diGance were you
|. when the blows were given
VII Aboat fix feet.
J, Mr.. S How fosn was the back door
opened
Mt Immediately after the friking
ceaied
Several other witntifes gave limilar
ifatements to the above, of the whole
tranfactiou, containing fome additional
7 particulars. We have not room for the
whole. anditis difficult to abridge them
The examination of the witneaes beng
closed, Mr. Sullivan commenced the de-
I fence Of the prifoner, in an argument OF
between two and three hours in length.
When Mr.. Sullivan had concluded, it
being late in the evening, the Coutt di-
rected three officers to attend the Jury
during the night and the Jurors beirg
cautioned not to co verfe with Que aroth-
CT on the fubject of the trial, the Court
was adjourned 10 9 O'clock the next
morning.
On the following day ian. 10Th the
Court being opened according to ad-
liournment, MIR. Shaw commenced his
argument in defence of the prifaner,
which occupied little more than an
hour lie was follow 4 by thr oolici-
TOR General on the part of the Govern
ment.
The ability, learning, and eloquence
difplayed by the Gentlemen, both IL the
part Of tie proitcution and the defence,
excited great inrerelf 10 The hearers and
commanded their undivided attention.
Ills rionor the Chief Juftice, in charge
ing the jury. gave very clear and intel
lipible fummarv Of the evidence, ADD an
expedition of the law applicable to the
case We are not able 10 infert the
whole Of this charge, bu, we cannot for
bear to copy the following extracts =:
YOU aye told Gentlemen of The Jury,
thar you are the judges Of both the iaw
and he evidence practically fpeaking,
Gentlemen, you are 70 that is lay,
general verdia OF guilty. or not guilty,
embraces declfion upon the facrs aud
upon the law applicable to thofe tacts.
But you will not differ Gentlemen from
the pinions and deolGons of wife and
learned men. as seported in our books of
law. nor from the direction of the Court.
the reTponGbilily in regard 10 the law
aud the jury, under thar direction, bring
IL verdict Ut Condemnation, the Court,
Gentlemen. is refponlibIe and YOU will
fand acquitted t. your confidence
II has beer argnca 10 you by he Prif-
oner's Council, hat be died by rcs lon of
xpoiure il thet was The cafe, and his
could haaen his death you viii have lit
tie hrftaton il pronouncIng rue wound
10 be the caue II a nan would have
did foon, this furniihes no excufe for
accelerating Lis death II The PARTY
was 6ck, and night pofibly have died,
We are not to tPeCulare upon tn ques-
ton whether he would ur NOT. fos are
not to GO into thefe corGdrrationS Ii IS
lufficient, that man in tull life was
deitroyed by this blow.
| 1t you are la,ished that homicide has
been committed ard by the priloner at
The bar, you will then fee the Character
Of The homicide
| has been urged TO you, Gentlemen,
that if perfon is 10 The ad of commit-
Ting felony, it is lawful to kill him.
And that it is alto lawful. if there is
Reasonable ground to brlis1e that he is
committing felony. On these poins
there fcems to be some Misunderstanding
as TO the principles Of law, CT The facts
20 which they are applied. II is my du-
liz to fate to you ar think 70 be
the law if no other judge exprehes his
diilent, you will take what Isay TO be the
opinion Of the whole Court
The lubitance Of the defence is, thar,
admitting the deceit fed had not any Grim.
inal intention, yer il the priioner believed
that he was gong TO commit feiFcny N
his house it was III nablc e Pot him TO
death The law furely Cannot have iuch
chafm as IL permit this without more
qualihcation than the fei for The
priicner. fem to contend f3r ! make
no queition of The righE Of felt de-
fence doubt heshef il en- BE- teken
by any law in any crurtFy 1t Is he die
ate OF ratore. When vioisn ahauir
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