Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1847-07-02

''malevolence TO particulars )" it does not
mean hatred to any particular individual, but
is general IN its import and application
But even killing with intention to kill is not
always lnurdeT-there may be jusliiablc and
eNcusablc homicide-and killing in sudden
heat and passion is so modified to manslauGh-
ter. Yet there may be murder when there is
no i'll feeling. nay perfect Indifference to the
slain, as in the case of the robber who Stays
10 conceal his crime. Malice aforethought
is that depraved feeling of the heart which
makes one regardless of social duty, and ia
tally bent on mischief. 1t is fulfilled by that
recklessness Of law aud human life which is
indicated by shooting into "A crowd, and thus
doing murder on even an unknown object
Such a feeling the law regards as hateful, and
visits, in It's practical exhibition, with con.
dign punishment, because opposed to the We
ry existence of law and society. One may
do fatal mischief without this recklessness;
but when the act is done, regardless of con-
sequences, and death ensuos, it is murder in
the eye Of the law. If the facts to be proved
in this case should not come up to these re-
QUESTIONS, he implored the Jury to acquit the
accused, as at once due to law and Justice
They should notice every fact with s%crutini-
ling eye, and ascertain whether the fatal re-
suit proceeded from passing accident or from
b~rooding revenge, which the law stamped
with the odious name of malice. He would
make no more preliminary remarks, but pro-
coed at once to lay the facts before them from
the mouths of the witnesses.
EVIDENCE.
]. Porteous DeveauX, sworn-He is the
Coroner of the Charleston District-held the
inquest on the 9TH January last, on the body
of the deceased slave Maria-the slave of
Robert Rowand, at the residence of Mrs. II.
G. Bee, (the mother of the prisoner in Lc-
gan street. The body was in an outbuilding
a kitchen, it was the body of an old and
emaciated person, between fifty and sixty
years of age-it was not examined in his pre-
sence by physicians-saw some few scratch
es about the face-adiourned to the City Hall
Mrs. Rowand was eXamined-her exam
lmatlon was in writlng-it was here produ-
ced and read as follows
''Mrs. Eliza Rowand, sworn-says Maria
is her nurse, and had misbehaved on yester-
day acknowledgement sent Narla to Mr..
Rowand's house to be corrected by Simon
Deponent sent jIaria from the house about 7
o'clock, A. M.--She returned to her about 8
o'clock-came into her chamber-Simon did
not come into the chamber at any time pre-
vious TO the death of Wqri0. Deponent says
Naria fell down in the acknowledgements
had her seated UP by Richard, who was then
in the chamber, and Deponent gave Maria
some assale:jda--Deponent then left the
room ; Richard came down and said Mariu
was dead-Deponont says Richard did not
strike Maria, nor did any one else strike her
in Deponent's chamber. Richurd left the
chamber Immediately with .Naria
~ about Gttu - u-O - IS .rr, D.,o,oot
sent Nnria by Richard to Simon, at Mr..
Rowand's house to be corrected-Mr. Row
and was absent from the cily--Naria died
about II o'clock--Richard and Maria were
on good tefms--Deponent was in the cham
Der all the while that Ricaard and Maria
were there together.
''ELIXA ROWLAND.
''Sworn to before me this 9TH Jan. 1917.
81. p. DEvEAuX, Coroner, G.. D."
Witness went to the chamber of prisoner,
where the death occurred, saw nothing par
ticular-some pieces of wood in a box, set
in the chimney--his attention was called TO
one piece in particuIar--lS inches long, 3
inches wide and about one and a half inches
thick--did not measure it the jury of in
quest did it was not a light wood thinks
it was of oak there was some pine wood and
some split oak, DR.. Peter Porcher was cal
led TO examine the body professionally, who
did so out Of Witnesses presence.
Before this witness left the stand, b. +.
Hunt, Esq, one Of The counsel for the prison.
er, rose, and opened the defence before the
jury in substance as follows
He said that the scene before them was a
very novel one, and whether for good or evil
he would not pretend to prophecy. 1t was
the first time, in the history Of this State,
that a lady Of good character and respectable
connections stood arraigned at the bar ant
had been put on trial for her life, on facts ari
sing out of her domestic relations to her owl
slave. 1t was a spectacle conSoling ant
cheering perhaps, to those who owed III
good will to the institutions of our country
but calculated only to excite pain and regre
among ourselves. lie would not state a pro
position so revolving to humanity as tina
crime should 90 unpunished-but judicial in
reference between the slave and the ownc
was IA matter at once Of delicacy and danger
1t was the first time he had ever stood be
tween a slave owner and the public prosecu
tor; and his sensations We're anything Blu
pleasant. This was an entirely different cas-,
from homicide between equals in society,"
/, Subordination is indispensable, where Slave
LILY SAISNS, dllh III Nhlo 10 ~ iCN pun
ciple involved. The same principle prevail
in every country-on shipboard and in tn
l army a large discretion is always left to til
superior. Charges by interiors against thei
t superiors were always to be viewed witt
great circumspection, at least-and especial
ly when the latter are charged with %cruelt,
5 or crime against subordinates. In the rela
ton of owner and slave there is an absence
y of the usual motives for murder, and stron.
:, inducements against it, on the part of tn
: Gomer. Life is usually taken from avarico
8 passion. The master gains nothing, but 10
scs much by the death of his slave; an
when he takes the life of the latter deliberate
! ", there must be more than ordinary malic
e to instigato the deed. The policy OF a%lterin
the old law of l74O, which punished the kl
ling OF a slave with fine and political dislral
f. chisomcnt, was more than doubtful. 1t W.
, the law Of our colonial anceetoGo-l conform