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

an the Ward trial delivered April 26, 1854
,ynnrS or TINE JURY agree with the counsel who
have spoken on behalf Of the prosecution as 70 the import
NEE of This case It's magnitude can scarcely be oyeraied
The STATE has an interest in it, 1t is not desire for ven
geance the State seeks no vengeance against us own cru
ems But its interest is paternai one IKE that Of aher
II lie midst OF his family Its Interest ls lhat It's laws
o,, No administered and that its citizens shall receive
rom that administration just and merefa protection
The defendant has an interest in IL He has everything
a. stakehs life his liberty, his character and the Feelings
"a sonathes of those who by ties OF friendship or OF
nae are associated and allied with him. All these are at
stake aud YOU the men who have been seieetea 10 "
hitrate and decide this mighty issue.
Gentlemen we have oil cause 70 rejoice hat we Ve h-
der which guarantees to every man the right
of trial by jury Without it. no freeman can he touched
IN l or liberty For ages this right has been the nher-
nce of our race Our progentors established it in the
Od World and fathers have struggled for Il as thing
Indispensable the security Of their lives and their hbe
ties -, -, .,,,.
ono 10 neserve this right of trial by jury You may in
oure why they have not rather e i 70 the courts TO try
su Nshn are charged with crime The judges ON the
hs are nspay able and honest men--men OF superior
wisdom 10 those who ordinarily compose jury with
stsa'S' fty' A"0"'''S'
II il not so much from any distrus of the Judges or
fears that they might be wayed improperly that this right
has been preserved but from deeper and wiser motive
II not because the people are equally learned with the
but because they are less learned 1t is because the law
desires no TO be molesed in his life or liberty until
the popular sanction has been given to his sentence and
his cause pronounced upon by jury OF his peers The
court expected render all necessary assistance in sta
ting law but his cause in passing through the minds
and hearts of his equals who trying it, will be dyesed
of all nice technicaes and subtle analoges and decided
on its simple merits and according to the dictates OF
reason
The life of man should be taken other judgment
You may lay down the law like problem in Euclid you
may take one fact here and another there; connect this
principle and that proposition and then from one to the
other pausbly and even logically that man should
receive sentence Of DEATH But was to avoid all this that
this glorious right has been kept nviolate. 1t WAS to
bring the accused face to face with his accuser and to suf
fer only jury of his equals with their warm hearts and
honest minds to pronounce upon cause involving his life
or his liberty This gentlemen as understand it. the
object Of Jury trials Were left to the Judgment OF
the courts mans destiny might depend on some subtle
and difficult question Of law but now it is different
When you consider case it is dvested of all such ques-
tons and appeals to you as able to Judge OF the facis
familiar with tho passions and motives of those
who will rest it on its simple merits alone and will only
condemn for reasons that are sure and solid and satsac-
tory to your own understandings.
You are jury OF kentuckiansi and have too much
respect for youtoo much respect for mysen this i'm
porant case to deal with you by means of entreaty
attery But may say that have confidence IN you, and
that look forward with sangune hopes to the verdict you
render expect you TO do your duty manully and
firmly and expect you to do it, Notwithstanding all that
has been said TO the contrary mercituly expect you to
do principles compatible with public security and it
is my duty to show you that you may acqu the prisoner
at the bar on such principles,
The accused is before you in house of Kentucky JUS
tce and all vengeance must to pursue him at this
threshold This is his sancuary-here the sway of the
law potent Here the voice of justiceusce tempered
with mercys heardthat voice which falls in sounds Of
terror the guilty heart but whispers songs of seraphs
peace, and Joy to the innocent
The case gentlemen, is that demands all your aten
ton Thus far il has engrossed it for never have had
the honor Of addressing jury in any who have given
during its whole progress evidence of more patient and
unwearied attention am consoled by the belief that you
know the evidence well better than do and only
ask that you will weigh 1t carefully in all its bearings and
influence making the proper determinations, earnestly
striving ascertain the real motive of this accused and
then render that verdict which is demanded by your oas
and the laws of your land.
will first proceed to an examination Of the evidence
and win then endeayor to bring to your attention the law
believe applicable TO it, And hope TO satisfy you that
the law when applied TO the facts entities the defendant
verdict of acquittaa verdict which, under all the cir
cumsances OF the case would cause Mercy herself TO
joice
What then, Is the case briefly stated William Ward
boy Of fifteen years and scholar in the Louisville High
School returns home during the absence of his parents
and informs his elder brother that he has been unsy and
severely whipped by Mr., Butler the principal. And
though could have borne that brothv" he says could
not well bear TO be called liar before the whole school
my companions and my equals, wish you would 90 and
see Mr. Butler about it, IL Is four o'clock in the evening
when he gives his brother information Of the ehastsement
he deemed so cruel and unjust accompanied by such
appeal That broherthe prisoner at the bardeterincs
to 90 around at once and ask explanation but sup
posing the school 10 be dismissed and the teacher
ent at that hour he concludes to wait until the following
morning Then the parents have reached home but the
occurrence took place during their absence he obtains the
consent Of the father to go around and ascertain the
son Of 1t He goes and in conflict in which he becomes in
volved the death Of Mr. Butler ensues This is general
view Of the but it is necessary for examine il
more particularly
The purpose for which he went to the schoolhouse was
undoubtedly lawful one IL child is whipped partieu-
ay when the chastsement severe as TO leave marks
upon the limbs ask if il is not only lawful but in fact
aterna duty go and inquire the cause and learn why
such punishment administered Certainly II is And
IT'S equally lawful and proper for the brother to 60 es-
peaay when as in this case, be has the and
sanction OF the father The accused then stood in the place
OF the father and had the paterna right to 90 on the
slider settled.
why then, are 10 infer malicious and wicked mo-
on ms part Tor dong that which is clearly lawful and
Jusnhahle and proper The correct presumption would
certainly be that the motive was as good and lawful as the
Wl lset ~ u contended that he went with malice but
you nave heard the testimony this point-you have
heard that OF Mrs Robert J. Ward-given in tone and
manner that must have carried conviction "a your bear
and you know what inducements and rcosnns thsro ,r
lor the defendant to seek interview with prof pnttor
ou have heard that the parents had inst returned r
Cincinnati when the watchful eve Of the mother oE,
Willie at home and she asked why he WAS moi 81 slI
The little fellow, still mortified the memory of lila ov
shame burst into tears and replied Brother Matt viii
tell YOU And that brother did tell her adding 81 dc
signed TO have gone around TO seek an explanation las
night but the hour late that The school was not Il
session 50 postponed Il until this morning" When tn
ather proposed that hC should 90 the accused repled
This occurred while you were away and was here an,
lhink iatheT you ought 70 let Ron And in fact d
The family
u was decided that he should 20; and then Mrs War
duged IN one of those maternal anxiees and apprehen
SONS that so often rise in the heart Of the mother He On
uaFored TO quiet them but when he was nj the door sh
suggested that Robert should 20 with him lie had mad
o. NE kind he was not dcsirous Of the compan