The Kalida venture. [volume] (Kalida, Ohio) 1841-1865, 1849-08-07

be can have aided and abeited and pro-
cured George Busicb in the crime ol
murder in The lst degree.-And If the
Jury should find Geo. Busick guilty Of
This offence, they will enquire diligently
as to the guilt, if any, Of The prisoner al
the bar. CTheywil ascertain whether he
aided and abelled in tho commission oi
tile offence--or. whether he procured
George Busick 10 the commission Of the
offence. @.t ...s. 4,
The procurement must be continuing,
for if the individual charged with aiding
and abetting, should repent and change
his purpose. and counteract bis former
efforts in good faith, and the principal
goes on and commits the offence, il
would be unreasonable 10 charge the
repenting friend as aide and abetter.
1t is moi necessary as the court has
before informed you that there should
be malice against TIE particular individ.
ual injured. Neither is it necessary
that he who procures should procure the
principal TO do the particular act CON.
miited; is sufficient if he is proved ID
have procured by arousing and keeping
up that state Of general malice which the
cour, has heretofore explained, and
which is felt by the alder and abetteI
himself, and death ensues--the man
thus procuring must be held responsible
for the blood which is shed. We are
asked 10 charge you gentlemen that i
the design of the prisoner was simply to
attack with knives, &C., in the event o
another insultto his brothers. family and
thus defeud them even 10 the taking o
life-that you cannot find him guilty in
manner and form as he stands charged
in The indictment. The court will thus
instruct you upon this point-that if the
object of Arthur, the prisoner, was
simply to prepare himselfand his brother
for defence of the latter's family in
case Of another attack, that then the
prisoner cannot DO considered as aiding
and abetting, or procuring the death Of
Samuel Hamilton, but If the jury believe
from the Testimony, that individuals
we're TO be tempted 20 other insults 10
the family Of George Busick, for the
purpose of giving an opportunity to
George totake lie, why we conceive il
is only a procurement of mis- brother,
George,stimulaiing TO tha, se leral malice
which the law conceives to be so high
ly criminal, AID that if the principal sub
stanlially complies with the procurement,
variance Gin the circumstances of time,
or place, or manner of execution will
not excuse or palliate the procurer.
II may be said that man may aid, abet,
and procure another to commit murder in tn e
second degree, perhaps in this wise: If is
actuafed by malice and desires to kill par.
ticular individual, or one out Of a crowd, in
different as to where the blow may fall and
attempts to accomplish his purpose byplaylng
upon the passions OF B, an irritable mar, de-
signing toget him into difficulty wththe par.
ties with the expectation that he will destroy
life--and although the tool may have nc
malice until he is striking the blow-in ,his
case although a, may be guilty of murder in
the lst degrse, he would seem also clearly
to have procured B. to she eommss
ion of murder in. the I'd degree. The
same reasoning may apply to mansaughtsf.
These questions we leave to the iury-it is
their province to determine the degree of
homicide of whichG Gorge Busick is guilty e.
whether the prisoner participated as alder
obettor or proc urer Of the offence, whatever
that offence may be.
II the jury believe that Arthur Busck
aided, abeited, or procured George Busick to
Kill any one else than Hamilton and George
Busick willfully killed Hamilton, thus COM
mitting a. different crime, George Busick
therein followed the suggestions OF his own
wicked heart. and Arthur cannot be said to
nave aided, abetteG, or procured the commits
sion OF the offence. but if Arthur is proved to
the jury to have procured George Busick to
XII those engaged in the belling scrape, and
George, by mistake, killed Hamilton, the
prisoner should then be held responsible az
an alder, abettor and procurer of the crime
which George has committed. &
Ii you find the prisoner guilty, you will
state in your verdict of what offence you find
HIM tho alder, abettor, and procurer,
as described in the Statute. If you find him
moi guilty." of aiding. betting, &C., in any
OF the degrees ofhomicide made punishable
BY Statute, you will simply return verdict
of not guilty. ssh tiasg4H a1st-i
There are no reported decisions upon
the construction to be given TO the Sec
tion OF the law, under which this indict-
mentis framed and the views entertained
by the court are derived from general
principles in the elementary works and
from what we conceive 10 be the dictates
of sound judgment and common sense.
The testimony in this case agains,
the prisoner is termed circumstantial ev-
idence. ...............a...........'.....
You have been told, and told truly,
that tllis,is a species of evidence which
requires great caution and vigilance in
its application. 1t is allowed, however,
TO the conviction Of the offender, not on
ly from the necessity of The case, but
because il is capable Of producing the
highest degree of moral certainly in its
application. Were it necessary to con.
viction that there should be direct and
positive evidence Of guilt, four-fifibs Of
the offenders against human laws would
escape .unwhipt of justice. Although
h ri,no son,at;,,oe s,alL,l holdlv c,rih ;,,t.,