The Daily spy. [volume] (Worcester [Mass.]) 1845-1850, 1849-12-29


markable courage and prudence, beyond her years,
evinced By her under the trying circumstances of the
awful occasion of which she testified. The circum-
stances, preceding and attending the homicide were
recapulated to show that they not consistent
with the presumption that murder intended by the
prisoner. His being at the house accidental be-
ing requested to remain by Mrs. Richardson and he
had been pleasant and obigng all the morning without
any outbreak OF passion, such it had been testified
that he sometimes exhibited There can be no doubt,
too that there was an actual intention, at the time to
commr snicide--this is not questioned in any quarter
In relation to the question Of malice there is no cir
ctnstances from first to last show the existence oft
nor can any motive for the commission of the act be
found II may be argued that it was s'love and ieal
os because one witness has testified to something of
Lhe klnd. But, not one word of the kind has come
from any other person, has single fact been testi-
ned to that will warrant the supposition On the con-
rary, the testimony of Mr. and Mrs. Richardson and
many Of the other witnesses, negative the idea No
person knew Of any thing, either by word or Decd to
indicate any particular attachment of Knowlon to Pm
dence or that any other person showed her any atten-
IONS TO excite Jealousy, if had been Beside the
whole supposon is rendered absurd by the consider
alton that deceased was mere child eleven years of
age.
If there was any premeditaed intention to murder
why was it done when and where it was why not
when IN the crib in the cellar; the kitchen be-
fore Miss Thayer came, or while she was up stairs
making the bed. Or why it not done in the dark
ness OF the night in of the other opportunities
that he must have had to do it. under circumstances
more favorable to his escape. The villain who COM
ms premedated crime, looks out, also, for the means
OF escape. There was attempt to do any thing of
the kind in this case and all the circumstances tax
en- together separately, go TO show, that if the act
was not induced by insanity, it was the result of some
sudden excitement impulse, which would constitute
the crime, nldssiaugifG and murder. The matter
OF the confessions then scrutnzed, to show that
they were improbable, inconsistent and altogether IT.
econcabe with the supposition of the commission Of
the act in state of mind. There has not been
fact testified to, to show any for eaouslv and if
IT existed, it evidence of insanity, and not of malice
! The jury were cautioned TO beware of imbibng the
prejudice which had unfortunately and improperly been
excited IN the community against the plea of insanity
as defence against the charge of crime. Various
cases were clted where, at the time the plea was re-
sorted to, it considered preposerous and the cou
ell severely censured for yet subsequent developments
proved the insanity TO have existed. And was claim
ed that no acqmttal, that ground had ever taken
place in New England where there was reason To be-
leve the verdict not right and proper 1t is Of
comparative little consequence to the prisoner wheh-
his life shall be taken the forfeit of crime or he
be confined for life for dangerous insanity but il is i'm
porant that Justice should be rightly administered and
that the life of individual be not taken who is moi
morally guilty Of crime The testimony in the case as
bearing on the question of insanity was reviewed al
great length, it claimed that the act could be ac-
counted tor on no other hypothesis and that INSANITY
ming to end. That, and nothing else, would account 70,
the numerous strange and otherwise unaccountabe cir
cumstances, which attend and surround the case.
The counsel advered to the several verdicts whc h
might be rendered in this that of absolute ac
qutai-acquitted on account of MISREPRESENTATION Of
mansaughter-or conviction of murder-and indicate
the amount and nature of proof required to sustain each
, and to distinguish each from the other
In conclusion, the influence, which the talent exper
fence and eloquence of the Attorney General mioh
haV IN he mi IF tho Jar
jury warned to guard against being swayed from the
convictions of their judgment thereby and ar
earnest appeal made to them, weigh duly the re-
sponslblllty which rested upon hem in the holding this
young mans life In their hands to see that jalca
murder should not be committed that such verde
should be rendered they could look back upon in an,
future period OF their lives, without regret.
e The argument occupied about IL hours and evinc
patient research and preparation land much ingenuit,
III presenting the to make the most favorable
impression for the prisoner. We have not attemntef
even an outline of it, but only to present such of tn,
leading points, will enable our readers to understand
the nature of the defence.
7 ATTORNEY GENERAL CLIFFORD followed for the
: prosecution Being unexpectedly prevented from hear
ing portion of his argument, we attempt no sketch o.
IT, In the portion head, the positions taken in the
defence controvertcd with skill and power and
the really strong points in the case were pushed with
4 great yigor.
: JUDGE DEWEY'S CHARGE.
That this female has come to death by violence is
tact that is not denied. The Grand Inquest of the
County have charged the commission of the crime on
the prisoner at the bar. He has had all the benefits
alr trial and you are to say whether he is guilty OF
not The bulthen of proof upon the government to
prove all the allegations of the Indictment and if they
la thereof you must acqut The statute does not de-
line the nature of the offence of murder-that rests nm
on Wen established principles settled in judicial dec
sions Malice, either expressed or implied is an essen
. tial part OF murder Malice is implied by law, in the
It killing deliberately and with deadly weapon, when
the person is responsible agent and is to be so taken
unless some sufficient justification is shown
The act may be sudden and the intent formed but for
moments yet if deliberately done and with intent to kill
the malice may be implied To constitute malice il il
not necessary that there should be previous i'll viii to-
wards the subject of the act If the perpetrator eync
es reckless disregard of life the malice may be i'm
Piled There are however, cases where the homicide
IS justihabe in case of necessary self defence
The unlawful killing aoitom malice as in case of inst
proyocaon of blow, where the fatal act instantly
j follows, constitutes mansaughter.
All the circumstances of the be brou eht into
consideration in deciding the existence of malice The
government having shown the killing without apology or
excuse furnishes evidence of malice unless the
controlled by the prof OF other attending facts IL there
: doubt on thesubject that doubt weigh in favor Of
1 the prisoner. 20 o- Va
Ii the government have proved their case under tbesc
principles, whatever may be the consequences Won will
render verdict of conviction but if they have failed Won
G | will acquif = '' '"u
Prudence s. Arnold was found killed the sst of JAM
last BY whose hand the act done9 Was IL with or
without maicel The substance of Mary Ann Tbavers
testimony was here recapitulaed particularly the nesis
ence OF knowon in following and remaining with decessad