The Virginian. [volume] (Lynchburg [Va.]) 1822-1829, 1825-09-22

we must All shelter fur sdf.ty a., ~
storms Of ad,efsll, gather 10 q - l.
when our friends desert and our g.. -
en- upon ns-whrn we are char. '''e..
crime ao1enr name hlIckened nv "Rh
senoinrd fsng',e of malice. If ,o., ~
inss we're to nflaepce your ild,u.a..
them oferai. for the ben,f, oft1,....' 1T
II - a MAXIM of law, app owed b, -
dom os ases' that the ESCAPE Of the a.,
IL preferable To the conviction Of ,e,' my
cetit. Il l but sn ext iision Of tli. '-
pie Ia Ink upon the prlsnner AT IL,
With feelings of pity aud cumuassi,, u,
ritahly suppose hT Innocent of ,he 'g ~
until convicted by the cyIdrnc. u 's
mr. to make one more preliminary ,t. N
! ton. Public seusiblity on THIS -
j. reused, neither by pity f., the d.
nor lodlsn''Ion tor the accused. The M
lie MUD seems t. he in that staff ~ ~.
mss aud tranquility, whrch of All o,h,..
thr most favorable tor the invcs,Iga,,.,
trlrh. citizen aIraigne1 al the h..
! public justice for the suppoe, Il inlrar,n,.
tie law, spmeIime. finds himself .,nL,
ked IN the same vessel with public SYM.
tay. Al other times he has to resist
rent of prcjodice-to fall victi N N 4,
malignant passions OF a misguided NM.
tade. Ba, on the present oyc,in,
ofthesc violent emotions have bee, ..
red which come to excite the fire, ,f,
tire and bring vengeance on the b,ad ,s,I
accused. II Is is true that he has T., .,.. ~
gle with private malice aud secret -
mint. But whatever may be the f.r'a..
by which the friends ofthr deceased
act lated, ae hulrbly and sincerely h,f..'a
that none of those feelings have irc, =.
parted 10 the jury. Selected for ,o,,,,.
, dom. your mtcllI.en and vour Ind.
dence, W. expect AT your haud, an ;o...
tlai trial. The attention which vnu -.
given 10 the e,id rnce, and the deem int.
Est " hich your cuuutenanccs hay, d,s,l,,
ed throughout this long and hb,,j,ng
.estig ftion, give Us the fullest ass,,,1..a',
that you are only solicitor, to d;.cb,sn.
your duty in a cun-cicnt us ,n,,,,'.
With full conviction that Won mr., ,na..
of the responsibility under which
acting With perfect rrliaur. On yn,.
tachn,,ut tn IN. laws oCyour c,,n,', ."i
with the pied-e which Iour cnnd,,.,t I"V
given. that mo Considerations Shall ,,,.. vas
here To max. Won forget far ,n rr'"%
thu et,rn.l nrincinles nf iu.,,c. ,,,I p'',"
eeed 10 discharge the dnty which I 3,,.
voluntarily imposed upon nysrf law
We viii. in The frat plac. eg,,,,Gc,, a..
position that Mr.. jones' has not been gully
of the crime of innt der
BY reference 10 all elementary works, T.
reported caseG upon the subject. it will h,
seen that murder consists in vuluutlriy
! killing man with malice aforethoughr. !.
Their expressed or implied by law. From
this defnition ii will be seen that there
must not only be maIice tn constitute mur.
der, but that malice must be p,ep,nse u
htorethought or, in other word. the blow
must be the result of predctrrminp'ont 10
do some Injury TO the person that ha, been
! slain. Express malice is a drIibrratp and
determined resolution Of the mind to de-
stroy The life Of fellow creature which
formed design may be manifested by any
cxternd circumstances discovering thai IN.
ward 'nteulioQ, Al laying in wait, fot,n..
/ srudges, antecedcnt thereto. aud concelaI
schemes TO do him bodily harm. H.. {.
! been pr0eed to yeu that he ever entpr'll,
ed the least hostility towards the slain III.
II been proven that he ever waylaid him.
Or threatened him with death, or concta,
ed ANY plan by which hi life was to 81 dc.
s'royed 10 all these tnquirlts, with .
perfect confidence, expect your reply il
the negative.
Putting aside all thought of exnresg mn.
| lice, let ms turn our attention ia th.f ma.c.
which Is implied by law Then ! mus.
warn YOU not to permit any Car-trtchrd i'm.
plication to govern YOUR INDICTMENTS The
law is al all times tender ofIh- existence If
A human being Life is a boon of PROV.
dence, of which the laws of our cnuarry
viii not suffer an jndi,,Iualtnh he d,rrj,ed
unless his guilt he cnarl, proyen--yon arr
not to submit TO an, implication. unless.
arises necessarily aud rre,slibly out otGo
aspect Of the.casr.
n liz. ,h., :; .>, .;, :,:, c,,