Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1847-07-02
Trial for the Murder of q Slave.

from the Courier of that city. The agent Of
the murderer was acquitted on the ground
that he was not responsible for the conse-
quences of obeying the orders of his mistress;
and as will be seen by this report, the prin-
cipal was also adjudged to be innocent of the
murder that was done.
We omit the names of the jurors and the
Bill of Indictment-they are matters of lit
tie interest to our readers, and also The prefa-
tory remarks of the Courier, and come at
once to the gist of the matter, first promising
that the accused was indicted in the usual
way by the State Of South Carolina for the
murder of a slave, and brought to trial accor.
ding to the customary legal forms.
On motion of Mr.. Petigru, the prisoner
was allowed to remove from the bar, and
take her place by her counsel, the Judge say
tng he granted the motion only because the
prisoner was a woman, but that no such pri-
vilege would have been extended by him TO
any man.
The Attorney General, Henry Bailey, Esq.
then rose and opened the case for the State,
in substance as follows. He said that after
months of anxiety and expectation, the cur
tain had at length risen, and he and the Jury
were about to bear their part in the sad dra-
ma of real life, which had so long engrossed
the public mind. He and they were called
to the discharge of an important, painful, and
solemn duty. They were to pass between
the prisoner and the State-to take an inqul-
sition of blood-on their decision hung the
life or death-the honor or ignominy of the
prisoner-yet he trusted he and they would
have strength and ability to perform their du-
ty faithfully and whatever might be the re-
suit, their conscience would be consoled and
quoted by that reflection. He babe the ju-
ry pause and reflect in the great sanctions
and solemn responsibilities, under which
they were acting. The Constitution of the
State invested them with power over all that
affected the life and was dear TO the family
of the unfortunate lady on trial before them
they were charged too with the sacred care
of the law of the land and to their solution
was submitted one of the most solemn Gues-
tons ever entrusted to the arbitrement of man.
They should pursue a direct and straight for
ward course, turning neither to the right
hand, nor the eft-intluenced neither by pre-
JUDGE against the prisoner, nor by a morbid
sensibility in her behalf. Some Of them
might practically and personally be strangers
to their present duty but they were all IA
tlillldT WIFI TIC laws, anu iluSL DG d"dlt VI
the responsibilities of Jurymen. 1t was
scarcely necessary to tell them that, if evil
dence fixed guilt on the prisoner, they should
not hesitate to record a verdict Of guilty, al
though they should write that verdict in tears
of blood. They should let no sickly senti-
mentality or morbid feeling, on the subject
of capital punishments, deter them from the
discharge of their plain and obvious duty
They were to administer, not TO make the
law-they were called on to enforce the law
by sanctioning the highest duty to God and
their country. If any of them were disturbed
with doubts or scruples on this point, he
scarcely supposed they would have gone in
to the jury box. The law had awarded cap
ital punishment as the meet retribulion for
the crime under investigation-and they
were sworn to administer that law. 1t had
too, the full sanction of Holy Writ-we Were
there told that 'The land cannot be cleansed
of the blood shed therein, except by the blood
of him that shed it," He felt assured, then,
that they would be swayed only by a firm
resolve to act on this occasion, in obedi-
ence to the dictates Of sound judgment and
enlightened consciences. The prisoner, how
er, had claims on them, as well as the COM
munity-she was entitled to a fair and i'm
partial trial. By the wise and humane prin-
ClIICo VI pul law, lIlCJ NClO uOulu ~ hOlu
the prisoner innocent, and she stood guihleSS
before them, until proved guilty, by legal,
competent, and satisfactory evidence. Deal
alike to the voice of sickly humanity and
heated prejudice, they should proceed to theiI
task, with minds perfectly equipoised and
impartial they should weigh the circum
stances of the case with a nice and careful
hand-and if by legal Observation-Disclosures
tial and satisfactory, although not positive
guilt be established, they should unhesita
tingly, fearlessly, and faithfully record tn,
result Of their convictions.
He would next call their attention TO Ger
tain legal distinctions, but would not say
word of the facts-he would leave Mem /
the lips of the witnesses, unaffected by an,
previous comments of his own. The prison
er stood indicted for the murder Of slave
This was supposed not TO be murder at Com
mon Law. At least it was not murder b.
our former statute; but the act of 1921, ha
placed the killing of the white man and tn
black man on the same footing. He her
read the act of 1921, declaring that "any pei
son who shall wilfully, deliberately, and ma
l~iciously murder a slave, shall, on convictio
thereof, suffer death without benefit Of cleI
gy." The rules applicable to murder
Common Law were generally applicable
however, to the present case. The inquire
TO be made may be reduced to wo: J.
the party charged guilty Of the fact of XII
ling! This must be clearly made out b
proof. If she be be not guilty of KILN!
there is an end of the case. Cd. The chara'
ter of That killing, or OF the %otIencel WI
it done with malice aforethought; malice
the essential ingredient of the crime. WheI
killing takes place, malice is presumed u
less the contrary appear; and this must |
gathered from the attending circumstance
Malice is a technical term importing a dl1le
ent meaning from that conveyed by the san
word in common arlance. According ~ Il