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

men, il is said, and truly, that ifone lis
led TO form the design TO kill by strong
provocatiop, when his blood is heated
and passion powerfully excited, and this
continued from then until the act was
done, the law, regarding mercifully the
infrmiiies Of our common nature,
willnot hold the act TO be deliberate
and premeditated. But in such cases,
we apprehend, and such are the decls.
ions, although the design TO kill may
have then been formed under provoca
ton and hot BLOOD, ,yetif reasonable lime
aferwards elapsed for passion to subsde
and reason TO resume her sway, this pro-
vocation OF hot blood ould form no ex-
cuse or pallia,ion; for the occasion must
be sudden, and not used as a cloak for
pre-existing malice. The provocalion
must be recent; the party, acting under
its sting in hot blood: but the jury will,
in such case, consider all the circum-
stances: "The time which elapses, tine
previous conduct Of the party, the dead
ly nature Of the weapon and the repeti-
ton of the blows, if any," because,
though the law has compassion for hu-
man infrmi,y; il does not look compass
sionately on human ferocity. You will,
we feel convinced, gentlemen, examine
ell the circumstances, with an earnest
desire 10 ascertain the truth. In this
case, then. If you find that the death
of Samuel Hamilton ensucd solely from
a sudden quarrel, while George Busick
was under the dominion Of violent pas
sion, and that the deed was done with
out any intention TO kill, whilst Busick
was engaged in an assault or other un-
lawful act, then the crime will be man
slaughter. 7l9t
If you find that George Busick pur-
posely and maiiciously killed Samuel
Hamilton, but without preceding malice,
the crime is murder in the second degree f.;
and 7-lt ae5lrs
If the jury find, as the Court before
remarked, that George Busick destroyed
the life of Hamilton, under the influence
of malice previously formed, although
the design TO kill was formed by a mo-
mentary deliberaton before the deed was
done, then the crime is murder in the
first degree. - S@,
Counsel have INDUCED in remarks con-
cerning the insults offered to the wife
and family of Geo. Busck. The court
are not disposed TO interfere with any
proper use of this circumstance by
counsel on either side, but we must eau
tion the jury that an insult of this char
acter can never Justify an individual in
revenging himself by murder II cannot
excuse oil justify murder. The bellins,
80 generally practiced in this section of
country, as an indication Of popular
feeling, is exceedingly reprehenslble,
and every good citizen should unite with
his fellows in its suppression. This is
the second Indictment for murder, which
I have known to grow outTef this Grim
inal sport. We have no right TO take
the law into our own hand; if an indivi-
dual is injured or community outraged,
lei resort be had TO The legal tribunals
for redress. The law will apply the
remedy. All Of those who countenanced
this popular tumult were guilty ofa grave
offence and should have been promptly
indicted and tried. The same remarks,
however, will apply to the defendant and
George Busck. After this insult was Of
feredto the family Of the latter, they ylshould
have applied to the legal tribunals and
had The perpetrators of the wrong pun
ished as violaters of the law. But the
insult cannot be urged here as justifying
or excusng subsequent act ofrevenge.
If this were SO, we should be thrown back
at once into state of barbarism in which
each man. 8 hand would be against his
brother, and each would be judge for
himself ofihe measure Of his wrong and
of the extent and species of the punish
ment TO be inHic,ed--no mans life
would be safe. 1t is 10 guard against
this very state of things that laws are
instituted.
A question arises, gentlemen, as to the
degree Of attention TO be paid to the con-
duct Of Arthur Busick, after you shall
have disposed Of the degree Of guilt which
attaches 10 George Busick. Can there
be an alder and abetter to the crime of
manslaughter? 1t may be possible, gen.
tlemen; man may possibly aid and a.
BET although he can hardly procure one
to commit nanslaughter, but il is the du-
ty Of the Court TO say that under the cir.
cumstances attending this case, if you
should find George Busick guilty of
Manslaughter, the prisoner cln hardly
be said 10 be an alder and abeltor in the
offence.
Can there he an aideraud .abettor to
the crime of murder in the I'd degree?
Murder in the I'd degree, il will be re-
collected is malicious killing, but not Of
deliberate and premeditated malice. Is
il not true that the alder and abettor
should be aciuated by malice as well as
the principal? it would seem so, for
malice, is a necessary Ingredient in the
offense and the CHARGE is that he aids