Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1848-05-12

4 hNtN NGNg sVilt wiz iNHIlSu ~ AaAANA
tories: some, who, knowing the petty annoy
ances which the erralic habits Of the girl some
times enlailed upon her neighbors, ,--whose gar
dens she invaded for fruit and other articles Of
food, suspected the agency, in her death, ol
other hands, whose prOmpungs were Of less
excusabe kind than any which could be sscri-
bed TO the boy, her brother. Others again
thought, land this seems to be the more proba-
be conjecture,) that the girl fell victim to the
imperfect sight and mistake Of some eager hun
ter, or 10 her own unknown and unexpected
proximity to the game he pursued. The fatal
shot might have been sent by one who never
knew the object which they struck: or who, did
he discover the dying victim of his unconscious
aim, lacked the courage 10 declare the Fact, and
honestly avow his uninlended but unhappy
deed. Whatever may have been the facts, it
is enough for our present purpose TO state, that
the surviving mute was arrested, and put upon
trial for the murder Of his sister.
1t was now, at the very Threshold Of the
case, that difficulty occurred which had not
been lOraseen. How was the prosecuting at
torney, on the part o. the State, to convey TO
the mind Of the prisoner, the idea of the crime
of which he was accusedl How was he to be
arraignedl Ii might be comparatively easy to
make him understand that he was supposed to
have shot the girll but how, in the case of one
who had lived so entirely moIiveless-so little
in communion with the world-so little in the
participation in its ideas-totally uninslrucIed
in its dehnitons-to convey the impression OF
malice, deliberate purpose Of evil-lhe quo
amino which constitutes the true nature OF the
offence! This was the difficulty. The moth
err was the interpreter; the only one who could
be employed between the court and the culprit.
She had never in all probability, had occasion,
in all her life, TO seek to impress such an idea
upon his mind. In the case of such pupil,
the lessen would seem 10 have been utterly ab-
stract in its characterize have been demanded
by no necessity; and, therefore, to have renal
ned untaught, and even unSuggested But even
if it had ever been suggested, it was quite un-
likely that an idea would be retained by such a
pupil, which daily events and studies gave her
no provocation to exercise. How she had i'm.
pressed it upon his convctons-by what sign
and continuous lessons, so as to establish, be-
tween the teacher and the taught an understood
symbol of the idea, which he should now recog
nize; and thus appreciate the just sense of what
was meant TO be conveyed! 1t was clear that
no idea could possibly be received by his mind
for which there had been no habitually under
stood signs and symbols between himself and
the interpreter. These difficulties called for
some reflection; the woman at the outset show
f ing herself at loss in what manner to transmit
t TO the youth the purport of the charge in the
! specific and technical language of the law. Au
= thorlties were consulted; but the whole body o.
I'll Ill
was not sufficiently analogous, though in some
respects like, TO be recognized as a sufficient
, precedent.
, The presiding Judge who is now in a ahigh Off
clal position before the whole nation, was man
/, Of quick, keen instincts, great natural inteli-
gence, of warm, enthusiastic impulses. He en-
tered at once into the merits and difficulties of
the case. His feelings became excted-his
sympathies were enlisted for The parties; and he
addressed himself to the interests of the sub.
lect with that earnestness which almost always
} results in finding clue TO the most imperviOus
!; labyrinths. He soon relieved the acting attor-
, neys from most Of their annoyances. After q
: brief, personal examination Of the accused, in
which, from the utter want of a common medi.
; um of communication, he found that nothing
WoS W w SulhCu, lC duulCSoCu ulInSCll W VIC
r mother. The labor here, promised at first tc
be almost as little profitable as in the case o
= the son. There was no doubt, natural reluc
tance on her part to minister TO the prosecution
, and this may have rendered her more obtuse
: than usual; but in truth, she was of a class o
: persons who never receive the light of educa
: ton. She was ignorant Of all but the most or
dinary suggestions; and ideas at all abstract il
3 their character, or foreign to the daily necessi
E ties of that humble and secluded life to which
! she had been accustomed, it was by no means
E, possible to convey to her understanding, excep
{ with much pains-taking and patience. Gu
= Judge, however, by the dint of these virtues
s which, by the way, he does not hahually dis.
+ play-succeeded in impressing upon her at last
e that she was to inform the mind Of her son will
a these separate deas:-that he was charged will
: killing his sister with his gun; that he had de
# signed TO kill her, and that he had done so unde
f the instigation of bad hearU The bad hear
= the black, evil purpose of killng--was TO BE-
particularly insisted upon; the fctions of oul
law being of that tenaciously absurd character
q as to demand that the accused shall appreciate
l all their mysteries and technicalities, (thougl
o whether he does or not, would have no sort O
II influence in preventing or arresting his trial,
!. upon designation of the morals and motive
!. of his offence, instead of leaving these to be e
n volved by evidence, thus, at the outset, gvn,
!. to the prosecution color which the evidenc
itself might forbear, but to which the prosecu
: ting attorney--and sometimes the jury--is anx
J ious to adhere in all the testimony.
1t was only after considerable time and diff
!. Guilty, that the mother appeared to conceive tn
= entire scope of the ideas which the Judge labo
n red to convey. Processing, at last, that she di
i so, she prepared to transmit them to her sol
a through their usual medium of intelligence
d 1t was cunous study to the court TO wines
n the progress Of the scene, and the gradual daw
). ming, upon the inert and unexpert intellect o
Il the youth, of the strange, unaccustomed idea
n From the first, there had been no sign Of indif