Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1843-04-19

khts NfNs
isgs he ground Of pfoyocation o. n dcfence.1
Web thea gentlemen, resumed the Judge.
ihcedefeuce is1 two-inld Isl, shat u srli-
Gent provocation was given 10 The pr.
sencf 10 Negative the idea Of malice aud
nremclilatiou ; and 2dly, thai the prison-
or was insane. as5
Cases havo been cited beearc you 10
show that some extraordinary proyoca-
tons are deemed by The law sufficient 10
excuse homicide; such as where q man
finds another in the act of adultery with
his wife. or where the party slain was in
the acl Of committing or attempting to
commi, a felony. Bur the plea of provo
cation will not avail q man where he has
time 10 reflector. 10 the language Of the
low. when he has time to cool. lfa bro
ttcr, for instance, of Aeberon had pursu-
ed Mercer, after she latter shot Heterton,
aud had killed him, il would have been
murder, for the law Will not permit mere
passion ar revenge 20 form n Justification
in this case. The prisoners sister had
been ravished under circumstances Of ex-
,Teme %agsrsvatiou. Tho fact was COM
muuica,sLi 10 him on the S,h Of February,
aud on the 10th he followed Hebcrion on
board a steamboat passing over 10 Cam
den. and, il is said, shot him when the
boat had reached the dock on ibis side Of
the river. The doctrine Of the law is,lhat
the killing must follow tue act Of provo
%calion, or The ofIcpre receives no ini,iga
ZION from the p%rovocaiion, aud it is for
you gentlemen, to decide whether Mercer
bad sufficient time TO COO! before he COM
mit'cd The act. if you should be satisfied
tina, the killing Of tlebcrton was really
done by him.
The second ground Of Jefcace, observed
Judge Elmer. is insanity. and a greatdeal
has been read, sworn 10. and remarked
upon that subjcc;. This is 20 ionb, fresh
10 your memory. and ! need no, trouble
yuu with il. Indeed. TO use the language
OF uue Of the gentlemen for the defence.
we may, ] think. throw mos, Of the test
mony upon The science Of this plea our "f
court. aud turn to tue simple law. which
Furnishes Us with a sufficient guide To a
right determination OF the question. iou
have only to iuquire whether the prisoner.
al the time he committed tho act alleged.
was possessed of sound memory and dis
c%retiou. The Judge here read from a de-
cision Of Lord Hale. an authority for this
principle, and observed that courts and
juries mus, o be loo rigid on the M
hand. SO as TO punish improperly anu cru
ely au irresponsible prisoner, o too ca
silly led away 90 The other hand by AT
erroneous notion Of insanity. They must
deliberate with caution and gravity. and
decide sincerely whether, al the time OF
doing the &c, charged. the prisoner was or
vas not capable Of Distinguishing between
right aud wrong-m in other words whe-
Their no knew ne was committing an Of
fence against the laws Of God md nature!
Tie questions, gentlemen, you will de-
iermine by the evidence, and canno' too
forcibly remind you Of The solemnity Of
the obligation Imposed upon you. You
have The case now in our hands, and | pray
God that you may decide upon this issue
in a manner most acceptable to him and
beneficial 10 Your country. ii you Esse
a reasonable doubt Of tue pTisuner's guilt,
gentlemen, on either point Of the defence.
you oueh, 10 aud must acquiI him, 70. i,
is a humane Wasim OF the law that it is
better ninety. nine guilty meu should es.
cape, than one innocent man should be
punished. In such a case as this. the
principle is Of still greater weight, and
should he The mor firmly impressed upon
the minds Of a jury.
Judge Elmer concluded his charge a
few minutes before 5 o'clock. iIe was
much affected thoughou, its delivery. and
was listened to with deep attention.
Upon tie conclusion Of the charge, the
Jury retired TO the Chamber Of the coun
house, in custody Of two conslables. aud
the Court was then adjourned by procla.
nation until the ringing Of the bell" A
number Of persons remained in court for
some time, eagerly expecting The verdict,
and al intense excitement prevailed
Every body ventured a speculation upon
The result, and all sagely Prophecied that
| the verdict would he thus aud 80
The perdici.-Thc bell rank about
! thirty three or four minutes after The ad-
iournmeni, when a most furious rush vas
made for The court house BY The crowd
outside. A nEmber Of the people col 10
and were %hurrying unanimously towards
seats. '-',en the constables closed The doors
unit! arrival Of the jury down stairs.
Judge Ilmore came in and took his seat
upon the Bench among his associates,
when ihe doors were opened to the public,
who rushed in. II was several minutes
| before order could be restored. Many
persons came in ,iihe windows, and the
crowd was as densely packed as possible.
AS soon rs The officers bad obtained
silence, Mr.. Carpenter rose and said he
regretted to witness tho turbulence mani
tested by the people 10 coming into The
Court, and he hoped tina, Whatever might
be The result Of the case. the audience
would preserve AIN unbroken silence, aud
conduct themselves 10 q manner worthy