Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-03-16

Eloquent Speech I'm Favor OF a Murderer
The trial ii Thaddeus Morgan for the murder of
his wife commenced on Monday and closed on
Tuesday last. The defence was opened by ] A.
Merrill, Esq, who retained the trial was
called, and who briefly and ably reviewed the pro-
minent points of the evidence, and acquitted him
self with much credit. We present TO our readers
sketch of the argument of Roderick N. Morrison,
Esq, furnished us by request.
Mr.. Morrison said that il had now devoIved ON
him to speak in behalf Of the prisoner He regret
ted that the "laboring oar of the defence had not
been placed IN other and better hands. lie had no
lips for that
M M, steals upon the ear and melts to pity
II was not his to
AXE madness beautiful,
heavenly hue Of words"
All he could promise, would be- to present a plain
and simple statement OF the grounds of the Defence
with such observations as he deemed germane to
the subject, and leave to the jury TO supply what
ever he might omit to urge in favor of his unfortu-
nate client The duties, he said, of all officially
connected with the trial. full Of the most pain
full responsibility. He felt most deeply the obliga-
ton which rested upon the counsel charged with
the defence, whose duty ii was to bring forward
every thing that should tend to the deliveranee Of
their client, and to take such views end positions as
would present his case in the most favorable posi-
Bile light
duty no less res pom siblc also devoped upon the
Court, who bound to that legal evidence
only, admitted, and to instruct the jury, in the
application OF the law, well for their guidance,
for the protection Ct the prisoner-but that the
sponsibiiity OF the jury was paramount to al-that
the fate OF the prisoner thrown upon their hands,
that the solemn mterrogatory propOunded 30 them
on their return to the bar with their verdict when
sript of its FORMS was, "shall he live or shall he
dieP' That their hearts desire and prayer to God,
should therefore be- that they might perform their
duty, with just regard to the sacred obligation i'm
posed by their oahs, and their relations to the ac
cused and that they should see to it-they should
to it above all things, that if they perchance,
should that their should be, the side of
mercy, and charity, and good will. Most earnestly
he would entreat them to erase from their minds all
that their may have heard, or that their eyes
may have seen, out of doors and beyond these walls;
listening only to the evidence of approved witnesses,
who had borne testimony this trial, and that if
they had any preiudices or impressions adverse to
the prisoner, they should pluck them out and cast
them from them, that their minds might be as the
INT ouched snow, which no breath had fallen
that the conviction Of the prisoner so far as So
cety concerned, matter of little moment;
That the life of his client humble and obscure as
he was, was of little comparative value heap of
dust which the wind scatter and leave but lit
tie v(Dancy among the busy throngs of men; an
that il the unit Of that life should be withdrawn from
the great sum of human existence, there might be
but few hearts to bleed, and but few who would mark
their sorrows with tear.
But CONTINUED Mr.. NJ, y they should remember
that he was Of the great family of man, Who had
sprung int life from the hand Of the great Life Civ
to all, stamped in the express image of His per-
son, with whom God had deposited living soul,
and that they should deliberate long and well,
by their decision circumsantial evidence alone,
they marked him for destruction, and sentenced him
to die.
He next fully and ably reviewed the history of the
criminal law, and pointed out the changes which
had taken place in favor Of personal liberty. The
time was, he said, when burning ploughshares
made the cTisrid Of guilt that the time was, and IL
was not far back in English history, when the
ed in capital cases. denied the privilege Of wit
to testify, and counsel TO speak in their be-
half that too many innocent victims, had bowed
their heads as martyrs the nhumanity Of the Bril-
fish laws, and that il only till the reign of the
good Queen Ann, that these rights. so necessary to
the protection of the subject and the CITIZEN
allow and secured criminal cases by the person
al command Of the sovereign to her judges and min
i.ters sf Justice. That we lived, thank God, and
fathers, in other and better times when the saw
age features of the feudal laws and institutions had
been wisely rejected-reason had pressed her slow
but steady steps over these FORMS and customs, and
the crueties and barbarities of our
early English ancestors, had sunk under the amelic-
rating and enlightened spirit Of christian humanity.
The sanguinary injunctions Of the old testament,
| which demanded eye for eye, and tooth for tooth,
and made blood in all cases answer unto blood, have
Welded the force Of that forgiving mercy, which
instead Of condcmning the woman taken in adultery,
to be stoned death by the terms of the Lcvitica
law dismissed the frail and pcnitcnt offender, with
| the simple entreaty to ego and sin no more
| 1t is said, that the countenance Of Tpville, the
national executoner Of France, was irradiated with
an internal beauty at the prospect OF bi.od
Not so,witb our laws, or the tone Of their admin
| istration. They know no vengeance, they feel no
| sentiment, but on the contrary characterized
with much Of that divine charity, that suffers long,
and Furnishes only when guilt is made clear and then
| in sorrow, and not in anger.
Mr. NJ. then proceeded 10 call the attention Of the
jury the mild and quiet and unoiending character
Of the prisoner, who would tread aside to let the
reptile live" and whether inebriacd sober, had
spirit enough to resent insult, w no
ly ever known 10 rise to the dignity Of anger, and
when under the influence Of liquor still more
passive. That instead Of being converted by intox-
icaton TO the raging lion, his passions, passions
he had, were disarmed Of their power, and his dis
positions rendered entirely docile and harmless.
Turning to the prisoner he said, " Prisoner look up
the iurorsurors look upon the prisoner, for yoa
will sometimes by your own practical phrenolo-
gy without the aid Of books, the dispositions Of the
heart strongly and truhfuy reflected from the face,
and beamng through the eye, as from the windows
| Of the soul"
sAre there any Of the Furies, seryents twisted in
| his HART DO you discover any thing that shows
taste for human blood DO you find the mark Of the
! great FIRST murderer upon him DO you there
the features Of Barabbas On the contrary, do you
not find the iadicia Of gentle, pac tic. and nnoccu-
Gus disposition, without heart to conceive, or nerve
| to execute such damning butchery as this
stcrner stuf-he belongs to another and different
| school.
| The contemplation Of this crime is not an emotion
Of an ordinary character to one not hacknied IN the
ravs of trapsy ssion IL 10 aw fu thought, and
| well described by the great master OF the human
| heart, in all its workings and passions, as
| Whose borr,d i'm age doth uufs the hair,
| And make the seated heart, knock at the ribs,
| Against The II nature"
| And she who planned the murder of the good King
Duncan. invckes the Internal dei,ies to ell her,