Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1850-05-02
Volume lX##:#.==#.::Number As.

certain necessities of justice aud rights
of arragned prisoners, which it is the interest OF every
man ia the community insist should be fully observed
and adhered in every trial for MURDER but which DO
have been observed and adhered to as
they ought to have been in this When society
itself up individual try him for his life, it
allow all hs rights and peroIm all its own duties
better that murders should escape than that
innocent should suferor that one guilty man
should be uniawfolly condemned Judicial murders
should be committed on the bodies Of muir
derers The question is not whether Prof Webster is
guilty, but whether he has been condemned without
any actual proof of guilt. This is indeed, n serious
question: Ii is an awful one II is question which the
whole community of the United STATES will ask, and
which will be asked all The world. IL is a question
also which must be answered.
We have commented above upon what deem the
most glazing irregulary of this trial. the injustice
tsed towards the accused in convicng him upon
probabilities, while allowing probabilities to be count
ed in his favor. This, though the striking,
not however, the sole rreguariy involving injustice TO
the prisoner IreguIary may be said to have been the
characteristic Of the whole trial and of this irregular
ty involving this injustice, whether guilty Innocent
he the undoubted victim. Let glance at the
Of the trial, Of the leading and most in
fsenaI facts connected with il, and ask ourselves the
question whether this man, convicted of murder
and condemned to death,-ths aged, intelligent respect
able member of society," who, up To the dsy of the i'm
puted assassination, had been charged with a
crime supposed capable Of committing one,-was
granted that Kind of trial. clutous jealous, just and
mercfuI-which the wisdom and humanity OF the law
have heretofore accorded and always secured the old
naf0ene0
Let ask whether the blood-botered Lsngfeldt
favored with farer and user trial than that
which has brought the grey.haired and honored
Webster an ignominious doom.
Was there any evidence of desire give the priso-
impartial trial, in the facility and apparent
lessness with which the jury mpannelled? The
selection of that jury the work of less than hour
and made from the small number of ifly-six jurors
who had been summoned Contrast this qsck and ca
sy organization, considering the profound the universal
excitement prevailed the subject of the Pakman
rdo he Tina md hunIr
thousands-of talesmen exhausted the trial Of Polly
Bodne, and in the well remembered riot cases in this
city in lS44. Are we to believe that it easy
thing obtain twelve impartial jurors who had pre-
Judged the case, Boston? Is il credible that
r careful aud rigid had been applied the difficulty
would have been to find twelve men who had made
their minds, a greater less extent the sub
ject in the whole community Ii does to US af-
ter all that has happened, all that has been said written
and published about this murder aud Prof Webster dur
ing the four months that elapsed before the trial.
strange the jealousy of justice could have allowed
this difficult and critical choice be easy and quickly
determined
the admission of illegal evidence against The prisoner
Liltle6eds wife allowed TO testify conversations
between herself and her husband in the ABSENCE and
without the knowledge OF Webster visitor TO Little
fields family allowed to testify in The way
and objection made by the prisoners counsel or
by the court. This submit, rreguarity, and
a most decided one-and irreguIarty against all law
-Pennsylvania observation-disclosures law-Iaw every
where-the law Of common sense and common humani-
yws hold ,h,, :, Wa. an ;,r..n,,,x which III. .o,,,
the natural protector Of the accused should have check
ed restrained, when Prof Websers consolidating
like who believed their client guilty, and deemed il
necessary only make faint pro forma show of de-
fence-yeIded all the strong points of the case, dealing
the time timdly tendery doubtfully, damning
y with the proof they had themselves brought his IA
In The whole history Of criminal jurisprudence, il
does not appear to that such incompetency the
part Of defending counsel, amounting practically, in
fidelity to the cause of the accused was ever before
hbited and certainly, never with an effect dsas
trous TO a prisoner the bar. The rule Of law which
requires every be deemed innocent till he is prov
ed guilty, ought be especially observed by counsel
The defence in all criminal trials, and they should be
compelled by the courts to observe it, if necessary We
doubt that the heaviest testimony against Profess
Webster in jurors heart was the extraordinary
derelciion of his counsel. That not, indeed,
irregularty Of the but hold that il an
irregulary of the court not to restrain il.
We apprehend, also that there irregularty-gross
and grevous irregularty-when the Attorney General
which had been proved testified as for exam
pie, when he charged that Prof. Webster had waived
the examination before the police court against the ad
vice Of his counsel. Now the waving of this examna
ton by Prof Webster undoubtedly of those cir
which told upon the public mind and the
jurys mind against him and il is equally certain that
the declaration Of the prosecution that he had waived il
in opposition his counses advce-ahough that fact,
if fact il were had not been sworn TO by any witness
was of character make the deadIies impression
every Juror. What right had the Attorney General
make such declaration. /. What right had ne COM
it, using il with all the force OF testimony? And
where the that il did not interfere in the pr
soner behalf protect him from such rank and lawless
Injustice upon his own counsel failing in this duty-as
hey indeed. failed in every duty assigned them. There
rreeuariiy in the whole scope and character,
and expression of the closing speech of the Attorney
General for which he should have been checked and
rebuked. II a speech full of assumptions, which he
had right to make; the style dctaoria the spirit
savage the aim murderous the speech, TO all appear
anee of who had made up his mind tina, the pri-
guilty and should be hanged, and that he
would hang him, without caring any further for proof,
argument, decency; incendiary Speech adapt
ed well to convince as 10 lnfame the jury-to excite
those grim passions which powerful than
vicons, and that srocious resolution which takes the
place of reason Il was long, fierce cry of "crueify
him cruelty him.!
We hold that there was an irregularity-a sad and
sckening irregulary-in the sided charge of the
court, in which the Chief Justice only expa,iated
upon the improved assertions of the Attorney General,
but introduced new assertions suggestions Of his
as for example, the hint thrown that the prisoner
might have supplied his victim with chIoroform ether,
before killing him; and !sa. enr.rao~sd,nary n argument
by persons, he would have been by
great many, and that persons who swore they had
seen him were not be believed, because more than
did not forward 10 they also had
him This was, indeed, an extraordinary charge-a
charge against the prisonera charge against
against law-against mercy-against justice.
We deem il another irregularity, and a somewhat
tonshng one that the counsel for the prisoner neglected
poll the jury,-to in arrest of judgment.-or
adopt any Of the usual well known modes of delaying
by which the last chances OF life
ed even to the criminal These are, indeed, all
forms but forms, in murder trial, substantals (;
aud those who seek justice and think OF mercy should
neglect them is the right of the accused that
they should be neglected One of the jurors sp
pears from what is regsrged authentic statement
had scruple his mind, the prisoners guilt,
told, but as TO the degree Of his guilt; which he
yielded, after time, be able agree with his col.
leagues. Had the jury been posd, that scrupe might
have been revived-and probably would have revived
in the jurors mind, standing. as he would then have
been within the soiemny Of the Court face face With
the unhappy being whom its suppression cousgn