Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1832-08-03
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BOSTON, July rs.
Commonwealth vs.. TDiHians Roby This ca.
pital trial which has been pending in the Supreme
judicial Court Tor the three last days, was ter
minated yesterday afternoon by verdict OF GULL
T, of the murder of Maria Leonard, a year ago.
The prosecution and defense have been conduct.
ed with great ability on Doth sides. Roby Is a
black man, mariner, and Maria Leonard was
also colcred girl abou, IA years old. to whom
he was engaged 10 be married, and at the time OF
the murder. it was supposed that the marriage
vas soon to take place. The testimony at this
trial was in the main similar to that given at the
former trial. an account of which we published
a, the time, though some of the facts were fort-
fi,d at the present trial by some new witnesses.
The amount of it was that lloby murdered the
girl in the paroxvsms OF jealousy, in consequence
0i supposed attachment to another man. 1t ap.
p.arrd that he stabbed her in the back ut the
neck, and then threw her down and stampt upon
her with his feet; the instrument used was long
knife, aud such was the force OF the blow that the
knife was broken against one Uf the dOrSal YER
tebra. or part Of the back bone
The principal point urged IN defence, was that
the prisoner was insane at the time the deed was
alleged to have been cOmmtted; it was also urg-
I'd very furcibIv, that, if homicide had been
committed, and the prisoner were guilty at all.
it amounted only to manslaushter. The case
was summed up BY the Hon. Attorney General,
james L. Austin, who commenced his argument at
half past 4 on Thursday, aud occupied the pro-
found attention of the Court and Jury iol about
four hours. urging the points Of law and fact
with great force and ingenuity against the prl-
s0n'r.
Owing to the lateness of the hour, the Court
adjourned till Friday mornns AT the opening
of the Court soon after o'clock, his honor ChIef
Justice Shaw commenced his charge t" the Jury,
which occupied two and a half hours. We have
never heard more luminous exposition OF the
criminal law re,aiing TO the subject IN question.
The nice distinctions between murder aud man
slaughter were rendered clear to The most common
understanding. The Jury rerlred at IL o'clock,
aud returned at about S, with their verdict "f
Guilty For the State. the Attorney General
and $. D Parker, Esq. the District Attorney.
and for the prisoner. w. Il. p. Nashburn and
Joseph Willard, E,q,s.
Contagion and Infection. These two words
are commonly used promsruously, being gener-
ally supposed to be synonymous terms. Such
however is not the fact, and the difference in
their meaning is easily shown by referring to
their derivation. Contagioni is derived from the
Latin word Contingent touch; and is applied to
diseases which are communicated to one person
by contact with another person affected with
such disease. as the measles, the itch, the small
pox. Infection. OH the other hand, is derived
from Lnfcio, to stain, to dye, to soak, to Undue,
TO saturate; and is applied to diseases which are
not con nuncated to person by simple contact
with another person affected, but requires some
thing more; as person gong into room where
large number Of people affected with Particu-
lar disease are collected together. and tho he
would not take the disease by merely touching
the sick. yet by remaining long time in the
room with them, by handling them, inha'ing their
breath. and breathing the contaminated atmos-
phere OF the room. his system might become so
imbued. soaked, saturated with the noxious eff.
huvia. as to be affected with the disorder Thus
contagion is applied to more vlrulent diseases,
and such as are taken BY slight exposure, or
simple contact, while infection is applicable only
to such as can be contracted BY long and con.
tinued exposure.-Boston Gazette.