Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1833-10-24

TIE SUPREME JUDICIAL CoURT of ihi
State, has been occupied at East Green
wich, in the trial of Frances Leach, fol
the murder of Miss Sally Burdick, dur
ing the whole Of its recent term for the
county Of Kent. We copy the annexed
particulars from the Providence Journal
Of Monday last.
TRIAL OF FRANCES LEACH.
The argument ofthe Attorney General
was concluded at 5 o'clock, on Saturday
afternoon. Chief Justice EDDY then
charged the Jury, in clear and forcible
manner, on the law Of the case. lie
told them that if they believed the acts
described in the Indictment to be proved
against the prisoner, they amounted to
murder; that what amounted to implied
malice, was question of law and that
he felt it his duty TO say, that if they be-
lieved the offence proved as laid, the
prisoner was guilty. The Jury remain
ed all night, and came in about three
o'clock, yesterday morning, to ask IN
struction from the Court on n point Of
law. After having been called, and sta
ting that they had not agreed on ver-
diet, the Chief Justice said he was rea-
dy TO answer any questions that might be
asked.
Foreman-"We wish to know if we
can find verdict of manslaughtcr"
Mr. Caleb G1'eene-"I want to know if
we can find manslaug if we please"
CHEF JUsTIcE--"I told you, yester-
day, gentlemen, that you could but it
was the duty Of the Court to say, as they
did, that if the charge against this pris-
oner was proved to your satisfaction, it
amounted, in law, to murder by implied
malice. also said, that in our opinion,
this case could not fall within either Of
the kinds OF manslaughter; that it was
murder, or nothing. Still, gentlemen,+ :
the law and the facts are in your hands;
but the Court arc supposed, from their
situation, to be acquainted with the law;
and if you take the law from the Court,
the responsibility rests upon them, and
you are exonerated. If you choose to
decide the law otherwise than the Court
give it to you, l say you can, as told
you before; and you take the response
bihty upon your own heads. You are
under oath, as we are, to decide accord
ing to law"
Mr. Pollard-"I wish to inquire whe-
her there are any precedents of Juries
aking this responsibility"
No further explanation was request
ed.
CHEF JUsTIcE-"Gentlemcn, | think
have answered the question you asked
nc, and if there are no others, you had
,etter retire again to your ROOM"
The Jury shortly after retired, and re-
urned in about 10 minutes, with ver-
lict Of VOLUNTARY MAN-sLAUGHTER.-
t may be called a singular one for the
losing counsel for the prisoner, MIR
Vhipple, admitted to the Jury that the
fence charged, an attempt at abortion,
ollowed by the death Of the woman,
ould not be voluntary manslaughter,
'hich is committed upon sudden passion
nd in heat of blood; though it might be
,roluatary. The Attorney General and
lie Court went farther, and said that it
,as murder, or nothing, under this in
ictmcnt
The Court then proceeded to pass sem
'nce-Iico Years. Imprisonment, and
he Thousand Dollars Fine. I
The Chief Justice, after reading the
,ntence TO the prisoner
81 am sorry to say that the principal
erson in this affair escapes, while one
,ss guilty has to suffer-"
After some conversation between the
ouDsel for the State and the prisoner,
'hether David Gibbs, the person joined
I the Indictment as an accessory before
he fact, could be proceeded against at J
ommon law, for the inferior offence of
tempting to procure an abortion, Gibbs
as discharged, there being no accessa-
es to the crime Of manslaughter. a
This is the longest trial that has ever a
ken place in this State, (excepting that c
Avery, which occupied t,ce'ty-eight c
rysD and was extended to ten days, to |
e exclusion of all the other business Of t
&c term. !
Counsel for the State, Albert G.. b
reene, Attorney General, and Thomas t
7. Dorr.-For the prisoner, Jno. Whip
e and Richard w. Greene. O
[From the Portland Advertiser.
Literd,u Cufiosiiies How varied have c