The republic., 1851-01-30

each other at Mr.. Schad's eate--that tho prisoner
,hen struck the deceased-that the deceassd offered
no resistance. and did or said po'hipg from Which
bodily injury TO the prisoner could be zpprehended
-that the prisoner and the deceased then sep-
nrated, the deceased being the ground-aud that
the prisoner then killed the decreased while thus
PROSTATE, by infiicing on the deceased stab with
knife which caused the death Of the deceased
such killing implies malice aforeihought, and is
murder.
The frat and second prayers of the United States
were acceded to, withan unimportant modification
Of the first, which was not noted. The following
is the response of the court to the whole
Ans,oer TO first prayer Of defendant.
II you have any reasonable doubt on the subject
Of the murder charged, in any of the material iea
turcs necessary 10 constitute IT, you ought to ac-
quit the prisoner of that crime; so if the crime Of
manslaughter involved in this indictment, and Of
which. if yoa think the prisoner guilty Of it. you
may convict him.
Ansper to second prayer of defsndant, and third OF
he United Sidtss.
An accomplice 10 one who participates in The
perpetration OF crime. Accomplicss often be
tray their associates 10 secure their safety,
and become witnesses for the Government. The
law makes them competent witnesses from neces-
sity. And in cases where they appear, confes-edy
in their real character accpnpIiccs, courts have
said to juries, with great uniformity, and more
strongly in modern than in past tmes, that, al
though il was competent TO them to convict a pri-
eoner the unCOrroDorafed evidence OF an accom-
pce, yet they would advise them not 70 convict on
such evidence-not unless he was supported and
corroborsted. $50 as to show that the prisoner was
engaged in that transaction, which forms the sub
Ject matter Of the charge under investigaton."
And late very eminent EngIieh Judge said. the
"corroborafion ought TO consist In some circun-
stance that affects the identity Of the party ac
cused." 2 Russ. Crs., 962-3. This is SET
tied law, and rule by which luries ought to GO
vern their deliberations.
In this case it 10 strenuously urged on the one
hand, as denied on the other, that the principal
witness is an accomplce Of the prisoner. This Ia
matter OF TACT which this court cannot decide, or
assume to be either way. ] must therefore, refer
II to you; and say to you that, If you shall believe,
from the evidence. that .'the witness Clarvoe was
present, aiding and abettng or assisting the pri-
soner III Offering violence upon the person oil the de-
ccased in the ecuffleor IT. ay which led to his DEATH
including in his participation the time Of the mortal
stroke, then he would be an accomplicc of the pri
soner. and his testimony ought TO be received by
you subject to the operation OF the rule requiring
corr',boi alton, as already stated. If Ciarvoe knew
nothing of the intention TO stab until il done,
he would not be an accomplice in the homcide;
but if you believe. from the evidence, that he did
know, and stood by countenancing and abeting
the prisoner while it was done, he would be
complice.
AnsiDer to third prayer Of the defendant.
If the jury believe from the evidence that the
deceased was killed by n blow inflicted with
knife while the prisoner was in pa sion, (which
duced by an affray scuffie with the deceased at
the time. and that the wound il ilicted by
knife which the prisoner had about his person at
the time. it is no more than manslaughter. 1t is
iiDmaterial who inflicted the first blow, or the
aggressor, il you give credit to the testimony ad
duced by the United Staes, and If it material,
could not be ascertained, for the prisoner and the
deceased lit will not be interfering with your pro-
vince 10 say) had never seen each other; nor, elm
gulary enough, had any body else the de-
ceased at the fire anywhere else after ten O'Clock
Sunday evening, betwc' n three and four hours, at
least, before his DEATH until he and prisoner were
seen clinched. There may be circumstances or
cases in which the giving of the first blow might
be very material; but under the evidence in this
case it is not material, nsceftainabe, except by
guess, which hope never TO see jury resort to in
any case, and especially capital one.
Ans,cer 10 fourth prayer of tie United States.
The court refuse TO give this instruction. The
law of this being the of what the prayer
supposes.
.4as,per 10 JfJh pra.er Of the Uniisd States.
The court refuse this instructions, and instruct
you that it is not competent for you draw the in
iercnces mentioned in the prayer
4answer 10 s;rth prayer Of the 'Uaited States.
The urtdecnes to give this sinstruction because
1t asks the court to take away from the jury great
matter Of fact in the cause, which the Jury alone
decide TO wit: the malice prepense, the delib-
crate and set purpose, of the defendant if the jury
believe he inflicted the wound.
In this view of the case, and the inquiry whe-
ther murder or manslaughtcr committed, the
great question is, whether the prisoner under
tie influence OF passon not, whether he acted
from preconceved malicos and this il is the duty
Of the jury TO decide, and not the court.
In about four hours after retiring the jury came
into court with their verdict Of manslaughter.
Since his conviction, Camper has been free with
confessionsand disclosures; but, while some of his
statements bear with them the evidence Of their
faI vrell kpnu li,r, nd "a
ness throw doubts around them ALL
Pity for his victim, that poor fellow sister and
brother. whom he has often seen, has, no instance
moved him. The presence Of his own mother and
sister, during his trial, could neither abash nor
depress him. and his only pride has appeared to be
20 evince the soIid indifference that the lowest of
the brute creation could manfest. On the morn
ing of the last day of his tr al he asked near
him what would probably be the result, He
answered, Eight years in the penitentiary." lie
replied, with oath, al would rather be hung
aud go 10 hell at oncc!''
Yet there are hundreds of youths in this city
whose ambition il is TO look, TO talk, and 10 act he
has done; but who fancy that their rowdy bcroism
will not lead them so far as TO the commission of
murder. II trcquircs Ices restraint to keep good
man from becoming bad than to keep bad man
from committing murder The murderer has lees
control over his will in the awful hour Of his crime
than has the vrtuous youth in making the first
step upon the road to dissipation and infamy.
We will here repeat what we have than
once before said, that, although every nhabilant
Of our city s under deep obligations to the worthy
men who devote their time, their labor, and their
money to the support of The fire companies to which
they attached, il would be better that our city
should be entirely destroyed by the devourng elc
a..
present organization, the youth Of Washington
should continue TO be from year to year drawn
downward to the polluted depths 10 which the con-
vocaions at the engine. house doors, the groggo-
res and other kindred associations, now lead them.
*Ths words enclosed in brackets, % ,rhiri for The
time controlled his conduct" were interpolaied by
the court during the concluding speech of Mr..
May.
The WEATHER has of late been very generally
compmented; but yesterday and last night it