Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1853-09-22
From theI American Times
Trial o.. Robert Swami.
HAeERsrowN, September 16, 1858.

ELEVENTH DAY.
There was but little progress made IN the tril OF
this case to-day.
Mr.. Wolf foreman of the jury, was absent, by
general consent-a bailif attending HMM con-
sequence of the death of one of his children.
The argument as to the admisSibility of certain
testimonywa continued. Mr.. Spencer concluded
his argument commenced yesterday. He said it
was proposed to prove the occurrence at the ball
on the "a of January, as the beginning of series
ofrufianly and provoking acts and threats, by the
deceased, followed up and unintermltted TO the
time of the catastrophe, hlch in connection with
antecedent acts on that day and Immediately pre-
ceding the event, justified Swami IN believing
that he was obliged TO kill Sprigg in order to save
his own life, and that the killing was not through
malice. 1t was proposed TO prove series Oh Ihi
family and hanaSSing acts by the deceased, which
deprived Swami of his reason and rendered him
He maintained that the applicability of the testi-
mony was quest on for the Court; but 1t was Tor
the iury to weigh the testimony. He understood
the other side in Directing to the testimony to take
ground, that the Court must weigh the whole tes-
I mony and ascertain its Sufcieny to prove an in
stiraton or Justification before any part should De
atInitted-to this the defence took issue, and says
such Drinciple would make the Court heirs OF
both law and fact, and supersede the powers of
the Jury, leaving them nothing, but to decide up
on the credibllity Of the witnesses. The effect of
the proof he maintained is exclusively for the jury
and ought to be admitted upon the assurance oil
the purpose for which it was offered.
Mr. May, on behalf of the State, spoke at length
b in opposition to the ground assumed by the other
side.
Mr.. NJ. having concluded, the Court took re-
cess from to o'clock.
The Court having again met, Mr.. Pene, for the
defence, spoke until near SIX O'Clock; aud having
concluded, the Court adjourned until Tomorrow
morning, when Judge Tyson will deliver his de-
clsion upon the proposition.
TWELFTH DAY.
met. when Judge Tyson pn0CeeCed to de-
liver the following decision.
The State Of Maryland, 10y its witnesses, having
made out PrimG faeiG case Of murder, i'll the first
degree, it is incumbent on the prisoner, If he can,
10 offer in evidence circumstances classification,
excuse or palliation. For this purpose his coun-
sci have brought to the stand a witness by whom
they expect to prove: that on the night of the
22d of JanuaTY-i9 days tefore the death OF the
individual alleged to have been murdered-an out
Iage was committed upon the prisoner by the de-
ceased; that this Outrage was followed by anoth-
et and gro ser outrage and that tins was followed
by succession OF prcvocationS and lndIgnatleS,
up 10 the very day of the alleged killing. That
these outrages and pToVocatlonS, operating with
consecutive and combined force upon the mind of
the prisoner-aTOuSed his passions beyond the
point of human endurunce-dethloned hIsreason,
and led him, in this condition oil mental diStrac
ton disorder, to kill the deceased. The object
of the defence being TO show succession of plo-
vocation up to the period CT the cataStropI e, 1t
will be unnecessary 10 inquire into the point raised
by the counsel, with regard 10 the length of time
necessary to make any fact part of the res ges-
to- OF into the question whether the fact to which
Mr.. Clabaugh is to TO testify, was or was not too
remote TO form part ofthe Transaction. Contin-
uous action, or rather a series of actions, when
brought down 10 the period of tile main Transaction,
and eanheefed with it, are tantamount to single
action, or event occurring at the time, and do un
Questionably constitute part ofthe res geste.
Although composed desperate links, the form one
chain.
Every case of homicide is tragedyin real life
of one act, and with seversl-sometimes many
scenes 1t has isexits and its entrances, its catas
trophe and its unity. lis character will be imper
fectly understood, If any be omitted. These,
altogether, constitute there's gsstG-the unity of
the piece. Whether the catastrophe ends in muir
der or excusabIe homicide, is generally illustrated
by what goes befcIe, and sometimes by what fol-
lows the fatal deed. From the statement made by
tie pr soners counsel it would seem that the first
scene in this drama the affair at the ball room
The splitting in the PRISONS face was the second;
and then followed IN order the subsequent events
(which arose in succession out of that assault
What effect the conduct of the deceased towards
TIL prisoner in these scenes may have had upon
bfa-hoW far they may have operated in law and
fact to Justify, excuse, or palliate the homicide, or