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

OF such n attack under The fame circum-
flances the Law ~lll excuic him. although
Il fhuuld turn out thar no attack was IN
tended ii man comes towards you
with pil,s pointed Al you. uhng violent
menaccs againtf your life, and You kill
lin and IL turns our that the piitol was
loaded With powder ouly, will any rea
fonablc man lay that you are more crirn-
inal than you wcaid have been, II there
had been ballet IN the piiscl!
The fubaance Of the law 40 10 this
point is laid down by Lord Hale His
Honour then read from Hale, /" that a
mere fear OF death will not jultify killing;
there mutt be an inevitable neceility. "Gc.
The law as to bslio, is a ccrollsry
from this But this apprehension fhould
be founded on overt acts, an apparent
immediate danger TO ones perfon, there
being 40 other means of efcape.
A fufpicion prevailed thas the deceaf-
cd had knife. The prifoner's counfe.
contend that he partook of general alarm.
The deceased had no weapon apparently.
The prifoner comes behind him, and gives
the fatal blow. Was the priioner in any
danger If his life ? Mccain was near
him Suppoie the decraied had knife.
The only reafon given in the books, for
taking away the life of another. is, that
We have no other means of prelerving
our own. Was il 70 here? Gould NOT
the priloner have gone back OUT OF the
paiagew4y ! Could he not have taken
the deceaicd round the body, and fecured
hio.. when McCann was near to aaitt
him
Dsnnegri. it is faid,was going TO com.
nit a iclcay--an. afaikuation of fome
one in the houfr Was there any evi-
dence of iais : Coulter the circumitan
ces. He was knocking ar the door
Mary Davis was coming TO admit him,
Do you believe that this appreciation
will juil,fy or extenus'e the coming be
hind ,he d,cafed, and iiriking him with
a deadly weapon II you believe that
the deceaied was going TO commit a
NAtIRtA, aud tndk #AASiS WOO Ao obuSf
way a. prevent it, the action was praife-
worthy. If the priiouer killed hin as
tie only means to fave his own life, i: is
iultibablc.
When a homicide is committed, Gen
tlcn,en. the law implies malice. II is in
cumbent on the pcrfon who committed
it to prove she abfeuce of malice by evil
dencc produced in his defence or the
proof may arife our of nc evidence OIL
the part of the Government.
The definitions 10 the books fomeiines
lead people aaiay, who are not CONVEX
fan. ia the law. Malice aforethought is
faid to conititutc The crime of murder.
Ills Honour here read pansge in
Blackitons's Commentaries, delcribing
the nature of malice, and the two kinds,
exrrrfs and implied Here this learned
writer fays, there may be malice, even If
the party did not intend to kill think
you will eahly be perfuaded that this is
moi aid upon flight grounds. Suppoie
lkiliul fsncsr fLould think he could run
man through without touching a vital
part, and attempting il fhould unexpec
tedly kill him or marksmau fhould
endeavour to ihoot a mans car eff, and
owing to an unlucky motion of the head
the arrow proves fatal would you fay
there is No malice in thcfe initances If
70, the lie Of every citizen wouid b. put
at hazard Whenever perfon attempts
to do another great bodily harm, or to
do any unlawful act, anu d ath enfues,
he is responGble for all the consequences.
The prifoner's character has been al
lowed t. be given in evidence, in order
tina. if dosbt exiifed concerning any of
ths facts they might receive conffruc-
ton moif favorable to him. II there is
no doub '.is good character Can be of
no aya,i 10 his defence. Men of good
character and great intelligence have
fomes.mes been guilty of atrocious
crirres, and their general reditude and
wifdom iecm often TO have been an ag
grayation of their offences. There is
tribunal, where mans character is per-
fectly known, and will have its due
weight. Here men often have repu,a,
ton to which they arc not entitled.
Ihaye cndeavoured, Gentlemen clear
ly to fts,e to you the Law, as II Is applica
bic to the prcfent cafe and have been
the more folici'ous to Go this, that We
might take upon curfelves the reiponG-
r IL Il. n