Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1830-08-06
SIlpRENIE COURT.


SUPREME COURT.
SALEM (Massl July IS "A special session cf the
Supreme Judicial Court e thi. State, commenced
in This Town, Tuesday last for the purpose OF irving
che p'r'ons indicated in ,h- murder Of Mr. White
Chi. Justice Parker and Judges Putnam, Wilde. and
MoIten, pre'en;, AMI the Attorney anil SJiicior
General appeared ios the Commonwealth.
After III" uSuel procl4m'ions, the grand jurror'
called. Hon. Nathaniel Silshee having requested TO Re
excn4ed from s'rying. OH account OF family eornex
ion with OF the persons charged with tho murder.
was allowed to retire and hs list of grand jurors then
stood as ioi'ows:-Mo'es Clement, Amssbuty; Samuel
| X Hutchinson, Andovcr Samuel Sickrrv Beverley;
Samuel ". Clement Bedford; Asa KuhAl r. BradIori;
Eben Sh'ber, DAnver'; Jno Evsl-th, E-.ey; Samu
| Il Pierce. Gl0ucoser; ~. 4. Lowering, Hamon Jno
Crowell, Have hi Nahst / Kinsuan. Ipswich; iona
Conner. LYNN; John p. Allen, Manchester; Thom,s
Wiki $, Middlston; Samnel Peuingell, Newhury Mo.
Atkinson, Nswburypor'; jos. saunders, Ro,sley :;
Iona Fowler Salisbury; Samuel Raldin, Saugus; Jacob
Fd'nham, West Nswbury.
! Arer the grand Jury had been empannelleh ard
sworn, most lucid and eloquent charge given to
them by the Chif Justice, with particular reference
TO The principal subject which expected 20 occupy
their attention Ho saoke of The murder Of Mr.. White
Of the most atrociods character not oNV alarming
the community within which it perpstrated, but
Appalling to society at large. In the Ell lness OF the
might daring The hours o. the assasin had inva
ded the qGt mansion, soc into the chamber Of lser
aud converted that sleep into death by one fell blow
anl insaate Ot blood, sought the heart OF the vic
tim, which hal already ceased TO beat. But while The
public voice cied for vengs ancc, l.. warned IN thai,
only ne g'lliy ought 10 Sut3r mere was more than
common occasion for enleavournR to throw off all
conceived opinions The extraordinary character ofths
crime had seized upon all maeinaton' and pre- occupied
many judgments. An unusual publicity h al hem Civ.
en- TO such discoveries AMI di'cio'ures had from
to time been made, and the scltexecutipn Of the
who has heen supposed h- immediate agent Of the cruel
deed given additional force u opinions before PER
haps strongly conceived. These circumstances would
require the more cau'ion the part of the Jury
In the several reports Of the charge, that have heeH
Pubhsd, there various error, unint- ntonal no
doubt uFoC the srject Of tina law In re'ao princi.
pals and accessories, and 10 what amounts 10 4
strucuve presence.
We are authorized 10 state That the charge made IN.
on these points not i! has been reported. Hi,
Honour the Chief Justice, afer citing the statute of TIL.
commonwealth upon the subject said
~"it may be snsjcct OF irqniry, what constitutes pre-
senee within he meaning Of the second branch OF tlis
enactment present, aiding and abetiug in the commi,
sion # such crime.
"And the construction Of rhis phrase which il taken
from The common law has been settled in ancient lime
by wse and learned ssges of the law and that con
,trucon adopted and sanctioned by succoeave judicial
De cisons, down the time Of he adoption Of Con-
s,iiu'isn, that the Lsgisa'ure which enacted ihi'
statute, without doubt referred ills oousruc ion
when they framed il.
"By Ibis construction It is not required ,a, ihe abei-
Tor 81 all be actually on n" spot. when the murder il
committed, even in sight Of thu immediate per-
pstrs'or or Of the Vciim 70 make him principal.
Z" II ho b9 at distance cooperating in he act, by
watching to prevent relief to give alarm, or 10
M his confederate in hGUiug knOiCledge 0Fhe
purpose and obieci n the dss0Sinth;s IL the eye OF
he law is being present. aiding ard sbetiing 20
make him principal 10 the murder
"Ihe distinction between person thus situated and
who l. denoninated by The siue an acress7ry b.
fore the fact IT, that the latter is not only in every
abfent from the scene Of crime but T. 10, an Immediate
! parcipa'oriu b. may not knp1 the time when and
ihe place where il; is committed lie has previously
perhaps days months before hired counseleI or pro-
cured The deed to ba doa', but he has immediate
| gepcy in the d. ed
CHS crime is deemed bv the lazy to he as great as his
who strikes the b'oH; it Is often in moral point o.
view greater, as it may comhin. greater number Of
dceperdfa and tabolicDl he
Of which !he crime would never have been committed
l. denotes The savage heart Of The murderer, without
his bold and daring hand. IL puts in peril his soul
asd the ssnls Of other', who but for him might have
gone free from the guilt Of bloo Thus tbs law pun
ishes the accessory before the fact in The
at Furnishes the actual perpetrator-hsy alik-
murdsrers.
"Thete ia at the common law difference, and i,
Is supposed 10 esst also under statute ia regard to
tho form anil tho i1e Of tri1l between those who are
called principals and coss1res fore the fact il be-
ing held III, unless there be conviction OF principal
there re t'ia of he accessory. This df,r nee
II it exit, il relic Of the unwise refinement Of ancient
times there being rood why accessory be
fore the fact TO crime pTovsd to have been committed,
should not he treated and punched although ths win
! cps may have escsped, by death oihsrTisA. the
punishment which asd his crime in this world.
&" But If occasion shoud arise 10 examine This point
and the common Inv should not be found 10 have been
varied by ststute, the legislature will probably at
lord remedy Tor future cases"
In the report which will be published here as soon
~ practicable after The conclusion Of the trial the charge
I
After The oarg~ delivered. and he 70 c ,hs Gran1
Jury retired, Franklin Dexter, Esq senior couus. for
she Knapp moved that 'hpy should he instructed =, 70
vhat evidence the jury houll receire; whs ther dorn
NenisTy evidence should he adduccd, SC; inl cited
precedent The ceiebratel case Of Aaron Burr in
which the Court sPscslly instructed the jury on hal
point
The Chi9 J,stice, in reply. stated, hat The c,se OF
Burr remarkable for that snd another circumssnce
not known in law, that's. the challenge Of e grand
Jurors. With The court inSiruc, the grand n.
~ upon Tho nature Of the evidence IN he hesrI tefor,
them. There will be revision Of their doings, aod IL
10 neceTary 10 go into the inquiry beforehand.
The Solicitor General remarked, that il suIi-
cisn answer TO Mr. Bextefs suggestion, iha'. IN ths
alluded TO- Chief Juslire Marshsll had said that
&c" usual, end the best course, for the court Is
charge the Jury generally, and give their opinion on
incidental points they arose, when The grand Jury
Themselves should apply 70 them for Information"
Mr.. x'er rejored hat although Judge Marshall |
Nd make this remark yet lie seut special instructions
The grand jury before The question lie did III.
rect tba ono aidaviis papers containing ds'inci
substantive ''s'mony against the accused, should be
cent 70 The grand Jury"
The question was decided by the reply Of the Chief
Jnstire, WHO remarked hst II would he very incon-
venien' p'nc'ce The liH reposes confidence rs the
cHcsrs Of The govfrnpen'; they not supposed 10
nrocure an Indictment against upon improper evi.
dsnce. lie said, IL The opinion Of the court, that
hey could not 90 ou Of the usual course. II would BIO