Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1850-04-12

same time, if you have any doubt you are ooino 10
give the prisoner the benefit of it. Suppose you
have to pronounce on the guilt or innocence of a
gentleman accused of felony. You VIII hatufaH
doubt whether any gentleman would commit such
offences accordingly, however strong may oe the
testimony against him, you WILL perhaps acquie
him The evidence of your own senses is, at least,
as credible as that of the witnesses; IT, therefore,
vour eyesight convinces you that the prisoner IS
wel-dressed person, you have right to presume MS
responsibility and it is for you to say whether
respectable person would be likely to be guilty OF
the crimes imputed to him. In like manner, when
Won see shabby-looking fellow in the dock, charg-
ed for example, with sheep-steallng, the declslon
rests with you first whether or not that individual
IS agamuffin: and secondly, how far 1t is proba-
bic that man of that description would steal
sheep "-Punch's charge to the Jury.
The principles laid down by that distinguish Jul
rist Chief Justice PUNCH in the above extract from
his admirable charge to the Jury, are fully recog-
nized and acted upon by many of the writer's for the
public press and other disputants with whom we meet
in our daily walk and conversation. 1t seems to be
settled principle with some that human testimony is
only credible when brought to bear against the life
or reputation of an humble individual, or one who
occupies an inferior position in society, but loses all
force and value when the criminal may happen to
belong to the respectable and wealthy classes, re-
spectacle and wealthy being used convertible terms
case of Dr. WEBSTER This man was arraigned be-
fore the highest criminal court of Massachusetts,
the Chief Justice on the bench was his personal
friend the Jury was to all intents and purposes of
his own choosing, and was composed of highly res
pectable men The trial occupied eleven anxious
days, and from it's commencement to it's close the
Jury held no communication with the world at large
they heard nothing upon the subject but the testi
mony, the speeches of the counsel, and the Judges
charge finally, WEBSTER himself was allowed to
address them before they retired, and give his own
version of any circumstances he might choose to
plain and then the Jury having RETIRED before they
proceeded to make up their verdict, knelt down and
invoked the direction of Providence to guide them
Alright in the discharge of their terrible duty When
they consulted together there seemed to be differ
ence of opinion in regard to WEBsTER's guilt, al
though Juror, personal friend of his, disliked
to give verdict because he was opposed to hanging
but when shown that he to give verdict
according to the evidence irrespective of consequen
ces he yielded his scruples and joined with his fell
| low Jurors. No man could have had farer trial
No verdict could have been made up more deliberate
ly nor more prayerfully; yet no sooner has the re-
suit been made known than the verdict is attacked
by nearly all the leading presses in the Northern CT
ties, especially in New York and Philadelphia The
opposition to the verdict is founded upon the fab
ty of human testimony and the " responsibility" o
the accused, though all judicial proceedings were
not based upon human testimony, and its election
merely upon account of it's inherent allbility, would
not strike at the root of all law and JUSTICE besides
there is no greater mistake in the world than that
confounding social position with character. NAL
NAV bn no no of no hI1
yet his character be that of tyrannica overbear
ing or cruel man whereas another, in the humble
walks of life, may be distinguished by kindness an
amiabilty It would be unjust and foolish to rejec
the evidence to be derived from character but it woul
f be equally to substitute wealth positio
in it's stead. The journalists who declaim agains
the verdict as being irreconcilable with WEBSTER
character, really make this mistake of confoundin
his character with his social position. So far as W
can see anything of his real character, it bad
He VIGOROUSLY unreliable in his pecuniary rela
tons, and in of his transactions his conduct
far from honorable. In many instances also, whe
not restrained by conventional usages, his tempe
seems to have been irritable, and cruel. Thes
e thngs-the exhibition of the himSeLTare tn
only points of any Importance evidence all othe
things are merely adventurous, and form no more
part of the mans character than would the fneneE
o or coarseness of his coat.
: We make these observations in regard to this cas-
because they are of general application, and we hay
v heard the same sort of reasoning advanced by me
> in midst. The allusion to classes is alt,
: gether too frequent in all American communities
The demagogue praises the poorer classes contain
ing all the virtue and honesty in the world til
It wouldbe arstocrat considers character the
r sary accompaniment of wealth and position. Bot
% are wrong. man may acquire wealth and be hol
q est another may be poor and be the less
rich man, or respectable" one, may be scoul
drel, and so may man who does not a farthiI
- in the world. The man himself should alone be Loo
- ed to. To neglect this and pay attention only
the accessories Of wealth poverty by which he
be surrounded betrays vulgarty of feeling and sha
h lowness of judgment.
" MEDICAL SOCIETY OF N. C.-The Medical Socie
of N Carolina held it's first anniversary meeting
Raleigh, on Wednesday of last week. DR.. Stru
wick, of Orange, the President delivered an addre
~ upon the general improvement of medical scienc
~ - and Dr. Thos. N. Cameron, of Fayetteville lie
ture upon the uncertainty of medicine, popular fa
laces relative to the profession, the duties of Phy
: clans, &c The officers of the association for the la
10 year reappointed Drs w. G. Thomas, E. Stru
~ wick, and J. +. McRee, ST., appointed delegat
III to the National Medical Convention, with Drs n
- Pitman, w. L. Norwood, and J. F. McRee, Jr., as
= ternates. Dr. c. E. Johnson, of Raleigh, was sele
ted to deliver the lecture at the next session of
u Society, with DR.. n. j. Pttman, of Edgecombe as
49, alternate. Drs W. H. Mckee, w. G. Hill, c.
.l Johnson, R. B. Haywood and E. B. Haywood, all
"0 Raleigh, were chosen State Central Committee
. The following gentlemen were elected Honora
members Robinson Of Eav Ito