The Cadiz sentinel. [volume] (Cadiz, Ohio) 184?-1851, 1850-04-10

SAAAhNG OP OE1lEt JUSIlCE SHAW.
GRNTLEMEN:-l rise with The deepesr
SENSE Of the responsibility which presses up
"n This tribunal. Yoa nave been so long
engaged in this important case. that cannon
detaIn you much longer in suspense. shaI
not al this period, keep J on long confined in
considering the facts which have been so full,
IaId before you, aud it is mainly question
Of facts. | shall rather dwell upon few
plain principles. II is the nature of our law.
under which our lives are secured, TO dislri
buie TO the several organs of government
each its several department of duties, ana
each is responsible Tor his own. We are no
here to make The laws, but 10 execute them
This indictment charges The prisoner at the
bar with murder. Murder is the highes
species Of homicide Homicide is a genera
term, including several degrees, some o
which are jusIfcable, such as those commit
Ted in jusuticabIe wat, or by the officers o
justice, with proper warrants; but need moi
dwell on them. The statute law only pro-
vIdes that wilfll murder should be punished
/ by death; but this is not the law in force a.
mong us. We have the common law. The
common was received by our ancestors from
England, but it is really us much 10 force a,
mohg US as in any otuer, and may be calico
The common law of Massachusetts. The
learned Chief Justice read from memOra n
dun of his own Oh the nature of m ,ce. i
In murder, TO escape the imputaton pf nal
ice, the prisoner must prove the provocatron
The accident or any other circumstance
which goes tOpreclude The malice, otherwise
it is argued from The act Itself No provoca
ton OF words, however upprobrius, will mti.
gate the motive for mortal blow or one in,
tended to produce death, so as 10 make 1t
mansIaughIer where there is II sufficient pro
vocation, II is man slaughter: but words are
not a sufficient pIovocation. The Chiei
Justice read some authorities from Elsl'S
Gown Laws. Malice is implied from any
ldellb betale, cruel act against another. however
sudden. When there is blow of n deadly
or dangerous weapon, with intent 10 do some
great bodily harm and death ensues malice
Is presumed. II man, provokedEby blow,
with feeling of res ,nlment returns it, and
Kill his aggressUr, it is not excusabIe, but il
Is less crime than murder; ii is manshugh
ter, with heat of blood. Wesee no evidence
IN this case Of any prOvocation or hea, of
blood. There were angry feelings, but they
40 nor amount to provOcaIlon Or heat OF
blood sufficient to render the crime man
81 ugn'er. The purpose Of Coroner's in
quest is to find how The dead body came to
lis death. There is no distinction in the eve
OF the law, between persons, whether it be
coIored pauper in country almshousr, or the
most distinguished member of The commu
nifty. The same machinery of further pros
ceedlngs, in case the jury find that violence
was used by some party Ioproducc The death.
In this case chnrge was made against an
individual Of having in some way or other
produced death. No one saw il done. The
evidence is altogether circumstanliaI, yet il
may be sufficient to produce reasonable con-
vlctlon. Crimes are secret There il me-
cessiiy Of cIrCumstantial evidence, otherwise
we could not protect ourselves from crime. -
Each sort of evidence has its advantages.
There IS no common standard of comparison.
We may often arrive at as sure a conviction
by circumstantia as by positive evidence. y
The inference from the facts should be ma
ural or necessary one, and each fact should
be proved by ITSELF Suppose in the present
case the teeth found to be those made for
Dr. Parkman before his death; that fact is il.
sell sufficient 10 establish the conclusion that
The remains are his. If no other facts are
found repugnant to this. The allegation is
that he entered the Medical College about
Two o'clock and never came out Of il alive
Search was made during the week. The
next Friday, human remains were found IN.
der the Medical College. The place was
taken possession Of by the police. lnvesti-
cations we're made and the remains found
were declared 'o be.iboRe Of Dr. Parkman.
Is This Proveds Il is proved that Disappear
ed from his home on Friday afternoon, and
did not come back 10 dinner, and never came
back; this is established. Has II been proven
that he was seen anywhere after the hour hs
is said 10 have entered the Collegel As to
the testimony Of Mrs Hatch, Mr.. Thompson,
Mr.. Wentworth, Mr. Celand, Mrs. Rhoades
and her daughter, and Mrs, Greenough, I
need not comment particularly. Ii is 10 be
compared with The proof on The other sde,--
When such a great event happens, the whole
community is thrown into a committee Of in
QUESTION, and large number of lines Of in.
quiry are instituted, great many persons
are found who have seen the object of the
search. il became known on Saturday eve
ming that DR.. Parkman man known to al
most everybody, had disappeared. The
whole community we're pul upon their recol.
leclOns, and II would be strange if n great
many should remember that they had seen
him, and ye, have been mistaken. If they
had not been mistaken, would not others be
found, when all were intent, who would tos.
tfy that they saw him also, This negative
evidence, It s true, Is not conclusive in IT,
self, but il goes to destroy the positive Ell
dence, for VIC can hardly conceive that if
there had been no mistake in those who saw
him as 10 his indemnity or The time, a great
many others would not also have seen him.
Rnd would not have recOllected Il the next
day. II DR.. Parkman went 10 The College Of
the invitation Of DR.. Webster and was there
killed by him, all questions Of implied malice
Is out Of the question, for i was done by OK
press malice, Dr.. Webster admitted tho, DR.,