The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-06-23


n the request had been preferred to stranger even h
should have acceded il OF simple justice Ans
IN view VI the paternal relations OF the teachern view
TOO OF the intimate and friendly relations of this teacher
when the proper person ask it. there should ba
becn no assumption OF dignity-no buoning of the Goa
and naughty refusal 10 be nterrogated Would il no
have been more In accordance with and Justice
more in accordance with the real character of the excel
lent Mr.. Butler, if the question propounded in
manner not exactly agreeable TO his feelingso have
4 Piled u Will gladly do you desire and If prove Il
4 have been in the wrong, living shall be NOR,
i prompt to make the necessary atonementp
i Suppose he did see little irritation in the
Mr. Ward and suppose the method of propoundng tn,
question was not exactly compatible with his taste anc
feelings, as good man, just man, prudent
ought he not to have said u see you are irrtated
know your feelings aroused but let fairly examine
the case and then If we find have been in error shal
be proud to repair the wrong have donew Would thai
1 have misbecome Professor Butler 2 Would it have inn
paired in any degree the proper and heahful discipline
the school Not according to my conception of the mat
his attention is first called to the matter he buttons up
his coat and replies: Il not to be intcrogaed SIR
Ward insists upon it "Alr. Butler, ask civil question
and expect civil answer which is the worse the
emptibe little puppy who begs chestnuts and then lies
about it, my brother William who gives them him p
There may be some objection perhaps to the language used
herc the phraseology of the first question better but
refused to it. and repeating II in stronger
form does not increase the crminality of Mr. Ward He is
assured that such boy is there "hen that matter is
settled; but why did you call my brother liar? For
that must have apology" As if to say: ~ have a
just right to apologyunder the circumstances 1t is
my due" Il have no apology to make "Is your mind
made up that point" "lts; have apology what
to make "Then you must hear my opinion Of you
! you scoundrel and coward"
And here let pause for moment to examine the rela
tive position of the parties at this point The accused had
gone to the schoolhouse for explanation which
his due; it utterly refused him. and thus that ques-
ton closed He had then sought apology but that
denied him in terms equay emphatic, and that matter
Also settled by the reiterated assurance that apol
ogy whatever would be made Then he used the language
he did and there rs apprehend the demonstration closed
on the part of Ward that all he intended He felt
that his brother had been abused insued and outraged
and when all other redress was supercousy denied he
took the only satisfaction that was left him. by applying
these terms Butler Do the circumstances indicate that
he intended to follow il up further think not in the
natural course of events He had retaiated and there
the matter must concludetherc he would have left 1t to
/ rest forever. ... #....E
The next step taken by Butler They tell you he
amabe gentleman, and there is doubt of the
fact but they tell you also, that he was man of spirit
The facts show that he commenced the combat Ward had
reached point wherethere nothing for him to
do But he seized by Butler whose hand grasped bis
collar or cravatcrushed back against the wal a-bcnt
down towards the earthstruck twice in the face TO the
certain knowledge of the only witness who the whole
transaction and them but not till then, he fired the pistol
to free himself from his assalan This account of the
transaction is perfectly corroborated by Qugey well
related by Robert Ward. DO you not believe t2 Do you
not how would in the reasonable and natural
order of thngs2 Even their witnesses tell you that
they knec Butler would not take such language-that
when they heard ii applied to him they expected diff
| Guilty.
This is the proved by a portion of the testimony
and think fully established by the better portion of it,
believe, then have clearly settled it, that the first
saut made by Buter-that he promptly and fercely
pursued il until he had placed this defendant in position
where he had good to apprehend the most serious
bodily harnn position of extreme suffering and ex-
treme danger.
Again: does any one doubt that this sudden and
ARRAY unexpected by either OF the parties FIVE min
u,es before il occurred2 After some conversation, in
wheh is true harsh language was used-but il is set
tied principle that language whatever can justify an as
sault-Ward suddenly assaulted and attacked; and
then at time when he in great peril and suffering
he fired the shot-frcd it contend in selfdefenee
The only o. protection he used the pistol II
is not in proof that he struck single blow You see his
ormand you perceive there the most palpable ind
cations of the truth of what you have been told by
witnesses-hs extreme weakness and deicncy. Do you
think it probable that with such formu so feeble
conditionwould engage hand to hand in conflict with
a man of ordinary strength And according to the tes
mony of Mr. Joyce you win remember that Mr. Butler was
a man Of unusual muscular power in the arms
The only pretence of blow from the prisoner is founded
the testimony Of of the boys who him bring his
left hand down with gesture and thought he struck be-
cause be then Butler from him do not speak
Of this to impair the testimony Of the boy but merely to
show you another indication of the existence Of those cir
cumstances and influences that render il impossible for
these schoolboys TO give faithful and perfect account Of
the transaction. Can you believe for moment that man
in the physical condition of this prisoner in his sober
senses, would attempt to combat with any one Even
with his right hand would be the most perfect folly for
him attempt TO give blow that would njure child
and do you believe that with his left he could give
that would cause man in his full strength and vigor
fall back II is utterly impossible And with this fanc
ul exception, not of those thirteen boys saw blow
given either side That there blows cannot be
doubted Butler himself stated IL distinctly every
with whom he conversed in regard to the aay before his
death And such conflicting and uncorroborated tes
mony this you asked TO take the life Of felowbe
Il ing
Gentlemen think have stated the fairly hav,
certainly endenvored TO do have spoken of the tes
mony II given according to the best Of my reco
lection and believe clearly establishes the fact that this
prisoner reduced to condition where II was right and
lawful for him to ayn himself ofany means Of defence and
i protection that within his reach
4 Now what is the law that applies to the case sha
trouble you with much Of it, and win endeavor only
TO call your attention 10 that which is strictly applicable
Many have been cited for your consideration some
them involving nice distinctions and subtle questions o
law in regard TO which lawyers and judges have
hardly been able TO satisfy themselves Is 1T be expect
cd then that from such these you must
and anayze and deducc the law tits your dpy to actupor
in Of such magnitude rs ths2 J think not thni
conscientious win desire to do it; and am quit
sure that You prefer to know something OF the simple prih
cipes which this great crime of murder is founded anC
the circumstances and elements that go TO make up ts diff
ferent degrees.
| contend that according to all principles Of law, th
facts which have been developed in this prove the
for which the prisoner at the bar is aragned TO be nche
murder manslaugher but ustifabe homicide Though
the words Of the law may not be known to every man.
the statutes thereof written in his heart You know
what malicious killing is what killing in the heat o
blood is and what killing in seldefence Is and your
judgments well your hearts tell you that there Is
wide difference between heI In morals and in law, th
crmnaly Of conduct depends the circumstance
under which they act and the motives by which they ar
acuated.
There Ia nothing more simple than the prncple OF com