Richmond Indiana palladium. [volume] (Richmond, Ind.) 1837-1839, 1838-01-06

was far moro safc and likely 10 rrsao..
than the treatsnca, OF the regular phv,;c;,~
that the accused was perfectly compc,c., "a
iice on that plan.
The evidence being GO: through wishiAe
was summed up at great length by john A ~
ri.l, and David Paul Browu, Esq Of Ph,l.d.is
for the accused, and Mcssrs. Phenix 49,
Griffin for tho prosecution.
The recorder charged the jury at consi1.>s
length. He stated :hat the trial had !.
At ssagc IN which most solemn duty d.
upon the Court. l: involved The fate Of q 60
and they should not cunv ,ct tho prisonss -
being thoroughly convinced OF his guilt. NJ
Ihomrsonian practitioners the result q ina
was OF Immense Importance, aud 10 the o.
nifty n, large, the decision OF ,liis Jury woap 4,
ono of the greatest Importance. The Coon -
laid down the law rs applicable to this case =.
eoniinuci-ihat it was IN the prov ldencc a NJ
jury 10 acGnit the prisoner entirely, or br,e, ~
in rs guilty Of any degree Of man s'aa.,s +
which their jidgmen's would permit, aocusS,
TO thc law. Il which they were the judges Z, !,
the Court. and the evidence which h.ai~
su admitted 10 them.
The Rulc of Law IS, tina, the taking Of hu~
lite without ;st;ticaiion mis, either be 1ecec>y
ted murder :nan>iaur;er. mardc. IS the ,sk,, 8
life. with malicious intentions & ma nsiaurh,s. y
tho taking Of life. NJ: WI ii malice bu, BY pasx.
1t hns been wisely enacted by the ie-is.a,.,
tha: the III ialgcncc IN ln.nyicGiion bv prcs,.
bing physicians IL the folniltcn of crin.s.
In relation 10 the protection sf hanan life. A.
law Is rgii. that ii one man kills another. h. n
honnl - make out an excuse or ias,.i;ca,,.a Z
the act, or abide by the consequences.
In relation 10 medical iaw, the Court was Z
opinion, TINT whether the accused party, he 81
ccnsed practitioner, or net, the display q gns
ignorance. carc!cssncss, inaftcntinn o. want Il
skill renders him criminaiv culpaae; aud Ls
Peterborough holds, Tint ii medical praeii,ss
or abridged human beings life, but one sia,,1
instant, he was guilty Of m1nslaigh,er.
(rhc Court after pariicn!arisins the medicieu
compositions AMI the Cs-sfcras OF the Them~4
man s;s'esn. procecGed:( ii there bc daners
the practice II is doubtless IN the laac'ia enaer
S ,.,ic witnesses have testified that II Is hafmu
in all cases, and several medical gentlemen CO
s,!cr it dangerous. 70 decide between such CO.
fiictinr evidence, the jIry mast resort TO ta.E
own common sense Ii the assertion of fnx
which has Keen sworn Ia, that on Monday
gave the deceased '.iremcnduous' dox q
lalsc,i1, is believed BY the l,ry. there IS IN a
to all .ca of an "cqui:ial IN thus cF.e. Wa
the deceased hr lis nose bleed on MONDAY, b
inhe!fa iaj,ction WIS rcsar:cd TOGO check II.
ras:urcd lang was sonni by ID. Rogers, salh,s
can i. be proved that the chcckiD. ct the rersp1
ration nv d.. Chccsem,n caused that rupture
All these an similar points, must lie decsdedk
comm IN sense. Nothing that can operate. q!
az a.eins, the p-s must be omitted ny the lE
ia examining this case. and IL they FELT coafsx
that the accused caused, or accelerated the dsas
q. the dccc isca, they were bound e. had ha
guilty, IA convict HIM &C nan slaughter u d
fourth degree.
The Jury, after dc,ihcrasing nearly five hszs
rctnrnpi verdict OF Guilty IF .Isnslaastfrs
tie fourti degree, AMI recommended the pns's
c.ip mercy.
John a. Morro, then moved IN sr.es,o ji1c
tnen', on the Crolni that the prisoner hal nat
iccn arrairncd, and that his plea of nos eaMsy
hil never lcen entered either on the indirimcf!
@. tho records Of the Court.
Mr. Phccniv stated th,i this WIS not feesrts
by the st.,ntc and that the statute cured ~! Inse
maliiics, by which, tho verdict was not prep
diced.
The cou7, s;rtcd that this motion should NJ
ceivc tluc consideration, and meanwhile The pnsI
oarr could 60 ut large, that the verdict w"a
cousonaucc with the unanimous opinicn d o,
Curt
The Cour. then adj burned.