Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1852-07-09

a man may ass4m!, without intent 10 kill, Ind vet q
killing The party, he may be- guilty Of murder aAd H
accordingly. And does NJ, tie learned Juigs sUg \
this is 80! Do he never look "to Tie tciia!!Ga 81 r
'aiorcime," long time ago whea ne was IL The &;
prosecuting with such unsFarng rsot every ore IS
bsipfc him! Ii he dad rot, we take leave 10 .c:.:
Russe!. on Crime, vol 2, p. 42l, Ct SEQ.
There he will find murder defined 30 The kiiIr,
with malice express or im,ilai-that typss., ~,
wnerc he kills him with scdatc, deliberate MN
for.ncd design" In Other words, "nen he asssel
with the deliberate. s5rmci, aea: 10 sIII
Implied malice, is "dcfe i nan Sill aao,be
den!y without any, without considerable Prov ,,,
10 sach tire law implies malice tHat il !n,ea,
not every man, wnc,he: lawyer .. no., ?s:cc...
,hc. j! tie ag.rcssor, IN tIa lrer hcrc gg :.
fore his victim dies, the Judges Rosy wr! say, 80
not believe In" prisoner ha,. ,ha aet51ra form.
!, Kill Of the l.c he made The i all! ana ,l.e,.,
him. An! vet ii tie victim dice, u, law woal,
.gma testimony r.cn, compel :te same Jgt;rs :. d.
n, pri>on.! aul5 Of ng'.2. because tic si5. y -
Inflicted f,om il. violence, and tie I93noc, vi l.. r.
h,ytco produced .cat:, the ia,r implies ;Hc r4.ec-
r.. ia;s,t 20 DO Ii, .hiag "!i!cn IS :oEc-wa,'s
-a;ses no 4ach iralica ion 0: !as tn:ont . ,ii III
,hr,. has .r,n no La-, in feet. .Aa. IL.
sho pronounced the acqui;ial, might We! .,y b
,,,odt van Of The intent 10 Kill, bec4u.. 20. j
III. sssarl, 50 suddenly Under such circcs'ascc.,
lii not believe you had The t.nla 10 form aay iessn
your victim is net dead, the law does mol calme 1,
% kill But II The victim dies, You VIII se held
rur!cr because you had no Reasonable pr"v9cs:ga y
acr; r.d ii il p.o:cs 10 the end that it was Tone
much yolcacc rs 20 produce deaIh tie law, u IL 81
society ptesumeS that the act proceede :oll: rp.a
! ,b,t vru intended wha, you did" Can oUr JHLc,
MON o,fusc cato 60 plain distraction and many
however poorly they may thins OF hs atsoc'c: It'll
de(y.ce OF his brother, he Is lnl Ing he adrocs;e
Din wing very lille o: tho ju,ist?
If the learned Judge wishes any farther nn;SoaJ
he definition Of murder W. have many iGorc o. lie
So, behind" =, lis service Cut there is anohe. cof
answer to the Judge viz II the last conviction
the first acquil:al bar, and would sas'a" liz
.tau,,c fo!s alqui, Now the learned Judge cye, 4
pretend tia, HE FIST acqGIital OF ore oilc"cc' was t
prosecution for an9bs" e@t:cc. VIII he Commit an.l
ina, pos9n} !: he vii not, he abandons his Gaze.
lee, he sho!j adyis" him 10 look ii's - TIE case
King vs. V.ndercon5 and Abbo.t. cited in u Rus:
! Sc, and . East, G. l.. 80. .
Whether The JUG" ourselves have been grily
charge OF partial quotations. We arc willing tn: tt |
lie shall decide.
Having disposed OF these points, It only remn:ns
say that he Judge !!ns at east made good our cec!t
thu, Chester WAS more aggravated case ''ia
Hatchers He says, 10 constitute muiocF I'VE 'fras
as defined by The Common LawD !" the i*TESTioS TO
an essential ingredient" II this be correct, 1t IS al 5.i
ever been claimed III justification for the comnaa'G
Hatchers sentence and Governor Johnson 5ascd d' 81
in tina, case uhoy upon the ground that i dIi no! az
ina, Hatcher had any Intention 10 do what ne dbl az
JUDGE Il complaint shat Gid not state that his 5',
acted by The advice OF AR MacaTlnd, We have only :;
thai we dill mol kaow that factthe record does not
it. Bur, if he did, Governor Johnson had The SAM
authority. He had the same genllemans advice AMI
don thereto, that OF one Of the EDITORS or .hR
cossIsrEx7 Richmond IIhig, and of the late Attorney
eral, Mr. Baxter, whom the Wings tried 10 reject; ;:
they had succeeded Governor Johnson woui have oes'
following the advice of his Constitutional legal aiSh
Will the Whg notice these facts!
Ia conclusion, will inform Judge Robertson thi'
pcrson who petitioaed for the p1doa OF Chester, 10 ID
peni;cEtiary for the offence for which Chc:te'"i.
de,nned and i, is perfectly natural that such 'Et -
conceive thu! one ongh, to be hung FIR nufie'
THE NATIONAL ANNIVERSARY.
Monday last passed eli most pleasantly, harmor@
and joyfuly We were aroused by the day break ANS
rise saItcs f,o:r Capt Nimino's booming arI.ey-ar
witnessed lie ,.lpaIiurc Of the Young Guard, CAPT. H
son. WHO escorted Gov Johnson 10 Petersburg, a. lie
Of the Petersburg q aYs I'VE understand that The
was The mos: aEin.acd m! enthusiastic In t'c anna
the ''Cock?d," Tn" Young Guar! Of Richmoat ",'s
guests o! the CITY Guard .! Pltcfebnrg-rnt ne -
B!ucs were tic guras Of the Petersburg trays. TIE
4 80. r. .H
country. The ceremonies roek !Gcr on he Ia 81 WI
beautiful and eloquent Grafton was pronounced u: i,
borne The Crews, and t!c Ea:"s;s Gns! - Tie I,i'
aud excellent So eshes :rrr2 made a. the dnne: 5y =
Johnson =" J. Y. Nasoa, Col. II Cook, . Na'.
Tho=. Wallace, E.g., ana others. IL J, rss' ~ u
Yoaa2 Ci4e;i r,ir-H = sscur!.n: CO... .uAa-a = r.
ransion. ali dtIgntsd with iHtir visit 10 our hsHt
%.l"t.-s0EI,t acg.:Jcrs.
ATT \. ~. We erc prce-a' ct ii. -. L. .s.rG. y
w..e:. lie Sunday School, >! lac ls AMI 20. pst ci1
- marched M in rg column, ani s,!.!y @r''
IN sGma ~ cars OF all sizes G.d descriptions, wien :
dashed 81. b. thee locomotives 10 The "&ia.! t";st
There wsT, uoout 600 childru, w.Ih th,ir {. th''s
crag 10 II, number f s.it go. The azs ~,
s.c.!;og, "ith iuGd;eia 81 wEc !:1rdsGci!.'' ra'a
tic sc.iins out and The rc;atn of his 'cI.J u Lsr:
aufGs. A. the Cottage thor: "a e." otai;nn b,
Or. ij"wrl ais musical ca"'ciscs, a,:.t ssls in.
:anss nj '.ysra' i;,;c Io-'i? y": :" III r'rA
oJ:s, who caJoyed the county ~, Ike ns l.: .acss
their cages
At The military display on r Clprbi squire,
ronndcdby large company tsacci!,o.., i'. :
4 Inc was ,rnrA of n: Ches gcsl Dragons, "a,
Bau.hi liz Richmond Dragons, G m Sirarir; tic A.
rv,Cnpt. Nlnmo the q avg, Capt E'Iof; rhe hIes, L
5niQ fr1l