Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1818-10-22

dOnoH.--iOOk ~ supscssPs - -.
lief of Indulgence and distress, and there
are their names heading the llst--whIle
they are never known to extoF 'he hard
earned pittance Of the widow or orphan,
under the guise ola fee or a recompenoe.
They are the life blood of our naiion-and
on every subject of practical importance,
possess requisite information"
From the Neg- York Commercial advertiser
HAMLToN's TRIAL.
The Albany Register contains report
ofthe trial of James Hamilton, for the muir
der of Major Birdssll, which took place in
Albany at the present October term, before
his honor Judge Spencer and Justices Howe
and Haring. D. l.. Van Antwerp and M.
Van Buren, were counsel for the prosecu-
ton, and Elisha Williams and Calvin Pep
per, counsel for the prisoner. The cause
was opened by Mr.. Van Antwerp. Tie sta
ted that the fact of the crime would be so
conclusiyely established by testimony that
be would not occupy the court in explana-
ton or probability. The witnesses were
then called, who testified to having seen
Hamilton shoot Major Birdsall. Mr.. Pep
per commenced the defence Of Hamilton,
and endeavored TO convince the court and
Jury that this was a case of manslaughter.
"He insisted that as the rifle was weapon
of ordinary and every day use, however
deadly in.its character, must be regarded
in the same light as an assauting club or
cudgel." Hewas followed by Elisha Will
liams, esq. who displayed in behalf OF the
prisoner, his usual erudition and force Il
argument. Gle inferred from the Uniform
ly mild and affable department OF the gene
rous Birdsall towards The prisoner, that
there must necessarily have been absence
of all malice :" and attributed the prisoners
fall, Immediately on the rifles going of, TO
his establishment that il hal been loaded
that the deceased having before INDUCED
Hamilton with famiiarities, the act Of pre-
senting his rife could only be considered a
repetition of granted or implied Liberties
for some triaing object, and not an attempt
to kill.
Mr.. Van Buren,, in behalf Of the prosecu-
ton, considered the guilt Of the prisoner so
clear that he would not detain the court but
few moments. Z" Mr.. V. b. insisted that
no one circumstance IN the testimony Ia
vored the prisoners plea Of non intention
to murder; but on the contrary every thing
went 10 confirm the fact e. premeditated,
deliberate assassination He closed by
informing the jury, that they would be told
by the court what were the discriminating
features of the law in Cases OF murder and
manslaughter
His honor judge Spencer gave the jury
a learned, succinct and dignifed charge
He examined the testimony with pene-
trating accuracy expounded the law with
clearness which made it comprehensive
to almost every capacity. He said that as
the prisoner had rested his defence on the
plea of not knowing the rifle was loaded
and as the rife was under his charge and
in his possession, it became necessary Tor
him 10 account for its being actually load
ed, or to shew that it was not 80 loaded at
any short time previous io.its discharge
In summing up the testimony, the Judge
did not find any circumstances which did
not 60 to prove the prisoner guilty OF pre-
meditated murder. He charged the jury,
il they believed the testimony conclusive,
by their duty to society, their duty to their
conscience, and their duty 10 Heaven, to
find the prisoner guilty. The judge o!'ser-
we'd that, however painful, if the prisoner
be guilty, it was their imperious duty to
punish him. II was the law OF man, and it
was the law of Heaven, that whatsoever
sheddeth mans blood, by man shall his
blood be she'd" In the course OF the
charge, and while dwelling with much pa
thos upon the painiuness OF cou,igning a
fellow creature to death, judge Spencer de-
clared with emphasis, that "a wea2 man
in the administration Of justice, is as great
a curse TO the community as a wicked or
corrupt man."
In this charge the court discovered an in
innate and studied acquaintance with hu-
man nature, a correct and dignifed sense
of the claims of humanity aud learned re-
search in the science OF The law, which am
ply confirmed the abilities which have been
ascribed to its practice and decisions. The