New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1854-06-23

then came out Of his room and advanced few steps
was excited and thought he had something IN his hand
with which he was going to attack brother drew my
bowie knife and two three steps towards him.
telling him to stand off he then retreated
How obnoxious soever this testimony may be
to suspicion, proceeding, as it does, from a
brother and one interested in the result, nobody
could hear or read it without being impressed
with its consistency with all the other facts
presented in the case.
There is other testimony bearing on this point
and giving to the case strongly the complexion
which the law defines as one of UNSUITABLE hom-
icide, wherein the party had reason to believe
himself in jeopardy Of life or limb The fact Of
the sturdy and vigorous physical condition Of
Professor Butler and the extreme debility and
helplessness of Ward gave confirmation to this
view Of the case.
Under our premises, it is unnecessary to in
quire whether this was a case of justidable hom-
icde under the English and Common law or
not. It is sufficient for the jury that it was a
case under Kentucky law. That was the law
which they sat there to administer. The point
was put to them and sanctioned by the Judge
that if there was reasonable doubt that the
accused was in jeopardy Of life or limb they
should give him the benefit of such doubt. In
Wards condition it was considered that slight
demonstration might have produced such peril,
To show the extent to which Kentucky law is
permitted to modify English decisions, we may
refer to the ruling of the court in favor of the
admissihility Of the testimony Of Robert j..
Ward jr All the decisions outside Of Ken
lucky were against this rule; but the Dis
trict Attorney himself was forced to admit that
such was the feature Of the Kentucky courts,
Shall the judge or jury, then, be blamed for fol-
lowing the path marked out for them by all the
tribunals Of the State' Shall they be bounded
and ylifed for an honest discharge of what the
courts have marked out as their duty Oh no.
Reform your laws, your courts, above all reform
your public opinion, the foundation of all your
laws and justice. Do this, not by moboeratical
demonstrations, by barbarian outrages, fanatic
violence and vulgar and cowardly detraction
not by concentrating your wrath on single
helpless individual, because he may be conspicu-
Gus for talents or for social prominence; or
because he may have relatives, that enjoy some
Of those fleeing gifts Of fortune, which fire.
quently contribute rather to prejudice their
possessors before the public, than to secure them
any advantage or influence. Scorn these low
arts, and devote your energies to the reform Of
your laws, your iudicature and your public
opinion, and then you may be able to save the
youth of the country from preoipitating them
selves into deeds to which they are too often
driven, against every impulse of their hearts,
in order to satisfy the demands Of your despotc
sentiments of honor and Of manhood
NATIONAL GUARDS, Company D, (the Rifle
Company Of this new Regiment, organized last
evening BY the election Of the following officers
Captain, VIM Solomon; First Lieutenant B. W.
Loueke Second Lieutenant, Mark L. Moore
A NEW NovEb.--We have received from A. &
E. Ezekiel, No I Exchange Place, new work
entitled sGideon GIBBS, or the Struggles Of
Life" by Thos. Miller, Esq, author Of several
popular works.
A New soNG.--We notice at P P Werlein't
music store, No Camp street, q new song
called " Rosa May composed by our talented
young fellow townsman Walter Il. Peters, music
by Thos T. Martin
THE AMPHrHEATRE. "A good bill Mt this place
tonight: State Secrets in which Mr. KEN
Bile will take the character Of Thimblsweil
+" Love in Humble Life" Mr. Hamilton and Miss
somers performing the principle parts, and af-
forwards the Rendezvous, with Mr.. Smith and
Miss Kemble.
AN AMERICAN MINISTER N Rrssn-Mr. Sey.
mour, it is said, was received with high honors
on reaching St Petersburg, but having, at his
presentation to the Court, paid no attention to a
previous intimoton that it would he more agree
- - L. e., e., l. In - nrnnnr ~ c1,nrt Glrnss