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

I.tl n.
JOHN vrERs, Sworn. Prom her gem
eral repate for truth and yeracily, |
should say Sarah Busick's character for
truth was hard. Y sfs
Cross Examined. 1T is a pretty gener-
al opinion that her reputationis hard; she
nas bad great many law difficulties and
the neighborhood rouLd, think her hard.
BRIcE VrERs, Sworn.-..Knows that
Sarah Buslck's general reputation for
truthand veracity through the country is
not good. From witnesses knowledge
Of her general character would not be-
lieye her under oath. Nancys reputa-
lion is not good.
Mr.. Mackenzie opened the case on behalf
Of the Prosecution, followed by Messrs. Mon.
roe, Cohnbery, and Metcalf fol the defence,
Mr.. Palmer concluding the argument on be-
half Of the State.
THE JUDGES CHARGE TO THE
JURY.
You have been cmpannelled TO Try
the case of the State VS.. Arthur Busick,
Indicted for aiding and abetting George
Busick in the murder OF Samuel Hamil-
ion, on the 9th day of June last.
You have given careful and patient al
tention to the testimony in this case, and
to the arguments OF counsel, and have
now only to receive the instructions Of
the Court, before you retire to deliber-
ate upon your verdict. Your responsi-
bility is a grave one. The prisoner is
young. If you shall find that he aided
and abeited George Busick in the com
mission Of the crime Of murder in the
first degree, the penalty is death; his
life, therefore, in all probability, hangs
upon the decision of this jury; and il is
painful, even under the sancity Of law, 10
hasten the progress Of fellow mortal 10
the tomb. It's to be hoped, however
thai no mercilul feeling for the prisoner,
Or for his family, will influence the jury
TO forgetfulness Of the duty which the
law imposes upon them, and which they
are sworn to discharge. Jurors must re
iurn tue verdict according 10 the evil
dence; with mercy they have nothing to
do; this belongs to the Executive, and
him alone.
The Court do not feel inclined 10 in.
dulge 10 any comments upon the argu
mentS of cousel, but feel il to be proper
TO caution the jury as TO giatui GUS assey'
erations and declarations of counsel
Counsel are always apt believe lha
their own view Of The case in which they
are employed, is The only rational and
consisten, one, and are too apt, withou
proof, TO charge upon the witnesses fol
The adverse party corrupt intentions OF
motives. This is altogether wrong, and
should have no weight or influence will
an intelligent jury.
On The one hand, it is urged tha
those on the part ofthe State are blood.
thirsty tigers, eagerly waiting to lap the
blood OF an innocent and defenceless
prisoner, and on the other, an array o
witnesses wading through sea Of per
Ijury to save the guilty from the grasp Q
Justice. Gentlemen, we will not hastil.
believe either the one story or the other
Perhaps these things exist only in thu
heated imaginations of excited counsel
and the people of Putnam county ma!
be much more humane and much more
trustworthy than they would have us be
lieve. Let not this sort of declamat OF
blind your judgment or cloud your reas
on. 1t is for you to decide on the cred
it due 10 Witnesses after cool and dis
passionate review of the testimony in tn
case.
The indictment, gentlemen, contain
but one coun, and is predicated upo
the first section of the acts in reatio
, to crimes and misdemeanors. Under a
indictment for murder in The first degree
; the jury may either find that offence 9
the offence of murder in the second dc
gree, or manslaughter. In this case, tn
I prisoner is charged with aiding and abe
J ting, and under this Indictment il will b
3 necessary in the first place TO ascerial
D Of what crime George Busick is guilt.
I, Ii is the duty Of the Court to nstrnt
y you as to The meaning Of the Statute an
9 ,he ingredients which are necessary
t constitute the separate degrees Of HON
Q eide made punishable by our Statute.
4 The Statute declares ~
d That il any person shall purposely, and
= deliberate and permedi.uted malice.'c or in Il
j preparation, or attempt to perpetrats al
rape, arson, robbery or burglary, or BY a
,. minisisring poison, or causing the same
i be done, Kill another; every such pers,
e shall be deemed gailty Of murder; in q
!. first degree.
Murder in the first degree, then, is Il
s intentional, unlawful Killing by one REQ
Y opabIe being OF another--of detiberd
I and rremedhaied malce---and fist as
= !, the Intentional killing. To arrive at I
: design or intention, rcas on at once d
= iates that we should look to the weap
L I or instrument used, and the part OF
y body on vhicbthe wound was infictt
9 because, 70 understand mans moti'
!, land intentions, we are compelled to 10
! : 10 his acts and the means which he 9
= ploys--. Omnipotence, a'one, can re
4 Inc heart. If man uses a deadly W