Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1854-04-25

thai ass be % rsnit,sA 10 III, nature. rsh,s La.
| nature and OF God, are above all human kwa-snd M
beyond all human legislation II has been declared hy
higher law that "thou shalt kill" "that bou sb,i
love thy neighbour myself" and ITO do unto other,
you would have them to do unto YOU" and "when 70,
arc struck check to the other Also If thea
rules we're required to be carried literally there wou
DO no Christians IL not expected that thew wcr 4,
DO acted upon literally, and with the laws Of men =
Their spirit was TO DO carried according to the nnc
pies OF common sense and according the Judgment
tho prisoners piers IL this were not tho c..e NO ~,
could be made practical and carried 10 the mann.
and spirit OF tho law maker There no provision In on
Code on the subject Of "self dee" because IL was
such nature that the Legislature never attemnte
define what were the rights Of "ssf dssee" but ief
10 tho uries OF the country to settle according tn IN
circumstances OF each particular case and to give soon
to the natural feelings Of tho jury and their oppio,
inc case from the circumstances proved Aud tho case
on THIS SUBJECT show that where party believes that hi
lie Is danger or in peril Of great bodily harn then be
Justhabe In killing the assaant aud he Ia justified 4,
kng him he believes or Is aPprehensve for his life
even shou afterwards appear he was not In sue,
danger In this case q. checked TO such depre,
that he could not call for assistance Albion Of
may appear that Mr. C's. life not in imminent dan
ger, yet IL appears that O. only intended to inact
slight un and uuintentionay killed him. then the Ia,
must bring In a verdict Of NOT guilty.
ne then appealed to the Jury, that 10 a faw shor
years hey would have to stand cuprits befor the
God they should now Judge they wished to DO Judged
Tie reminded them OF the youth Of tho prisoner friend
ess ana ia.herless boy, aud stranger among us thai
ne prisoner trusted to the intelligence heastico AM
the mercy OF the jurors in this the hour OF his deem AZ
Fiction. lie referred in n most feeling manner M O. ,
Es associates and his classmates desertine
| him in his distress and in his wretched condition.
HIS widowed mother was here, anxiously waiting &c
tne issue OF her sou fa,e-io know whether her sou
should DC consigned to felon's doom should DO sci
Tree TO join her and console her for the short remnant o
ner and be her JOY and her hope her eternal
row HIS young sisters blooming into youthful love
mes snu III .he spring time OF life were here ALSO wait
ing 10 hear brothers fate, and learn il he was to be
consigned TO dark CELL and leave them to mourn his
sa se Tor .ne rest OF their days for the jury
~ sau s' son 90 'fee' aud be delived back TO- his
e'u' '"a ee Joyful message might DO carried that
ahu those SISTERS that her sou was lost aud is
''I NJ was oounu anu Is iree.
g,; 49, us'a u nts suuress 70 the jury by most
make and such "a Wiz. o,r oom I o. lew men to
Ta,nw au suIu , as mnt only could describe
s - ~ -. 'nen auueessed the jury on behalf
" , sn oonmon"ea'n.
80 Aus tue a''enuon OF the jury to the serious OBJ
e;, 81, upor 'nen' anu hat tney were bound TO
49, H. pIs no was innocent out That II he was
- e. go y u execute auu enforce the law, without
Ne NJ ,hnn .Sn,.;n., - a..
b, ,,..aI Np.aueu W TUE jury No" ne happened to
from b;ab s 20 .ue ploseeu''oh-'hat ne was here
sn sense Oh DUTY and not Tor the sake Of The fee
his engaging in the n,ossor,; , - ssteu upon
desired 6is ann,,r,rn, T.; ~ w M; So' Smi'h also
these gentlemen and from norsona, " asss'
aud on The ,nnI;c,,;, ~ r. rss 'o"arus men,
yindcate The ch,rsn, 81 ,s s " Tue ueeeaseu' 20
assist tho nrosecn,;o r. - ne consented TO
s;Jcr,ons r. ~ ~ !. u nau no. oeen LOT these con-
dicated would 80 30 10y ", having tue law VIM
fee do moi amer ber -, - ~. esuse ior any
ouer and 10 bscom. ,Ia sa.ao GU tue prs.
the deceased al ~ W p'euuor ior the friends Of
Ia Then r.G.rr.a 10 81 -,
IN Leave tho Ch.t -, e'aseu having oeen induced
dark Mace and ,s;,hon, 90 anu oe,e enticea into
brongb, m snd5 - o"e u'ohen' warnng he was
the rnjl,v n,rtv =; .Ir S,, "1 ueIenee SET up D.!
the DECLARATIONS of G. himself are ,,tsn - mat all
of w6,I delihcr,t. and rsmoI,,,aS , y Is stu, case
urors bava r.,;oI 49,, @ nuruer put u the
Of tho nr;so, r. 49,, pu .neI. minus Oh the quit
careful of the livss of ia suhi,a ama " Tue law was
self defence had haen = s2 1HoIu ue punished Ihat
les, the nrs,nar wss 49,, ~ 'ue ia"' ana I'M
him TO kin bis ,dysrsa,x S b;a eouu,on requiring
he had NOT c,,so5 ,ho .,x. 9 Se'enee' "neh
t6ed 4, kii;n re is '.I " stise, nc IS not JUS
emergency Inv frsr he ;nn;n ,h s. ". 9tousu' on the
ced TO the uecessi,v of kin n ~, & hu ,e' ,eda
M 8, lie - = r 's - " save us own lie, tins Ia
and brings IN tho 6,h IA rasnas;,I - % u'St wrong,
ring the affray and If his ady.rsarv LIN NJ
right TO set up the excuse of self deGencs T. - ~,
avail himself of the plea of self defence q mps, M,
have not begun the ar.y hut he mns, h,rs r,,S ,
the "wAll; I" in other words he mn. nan, r.,ras,I ~
tried every other means of saving bs yp No, ht LIN
ing b, 0 A''
Mr. NJ rad n nrrh,r or .,,Lo.;,.,.
cases To sus,si, ,hasa ,o,;,;a' a"u fe'e''eu 10
some authore, ifons n,rrv ,ss,,,,. aIooFuh 10
an the assaulted party pursns, him in h.. 49,,
kill. bis .1,orsr, - :, - 81, Nou Tue eohnet' tue"
other party beating him aud in these extremetcs k N
other who was first assaulted, this Is murder for h
that III ide the first assault shall be allowed the
o." u''cuCc, u VIII % INTENDED OF him th AZ
heu NOT intend to ice, but had brought the cult,
that he might II his adversary If tni wa, NOT IN,
parties wishing 70 kill Others max. an assault An
then when the violence repealed by violence from
the other party the first would and whom pursued
would STAY his al 'ersary THIS il not what tho law Ia
tended by sefdstencs" "S.i fence" wa, intend.Lb
she IA" not to SHE the guilty protect the IN o.
cent In this case G. had mIds himself moving m ,ea-
zine before he went into he afay He had hum Vi.
,ol- bowie KNIFE and stick, this ers WIDE
" from the cases read by Mr. Stuart M Stutrs Cases
aH fhn
mide ne" assault sometm; after being suited and
where the party Killed was possessed of greater
power tan the Other and had warning come 10 III,
,'sau before the fatal blows given The law OF
sen Hence beng az well d,i led oy Iical decisions
anu MS oy settled as any other law the jury bound to
execute II just as they bound 9th La
ana II Is their sworn duty.
Mr. II. then into n review of the ev;d ncs ord =,
the circumstances Of Mr. ca Acquaintance Al, II n,e
of Miss A. Mr. DID MT OCCUPY the rel, tio, of n L.
70 Miss A hut III Il OF more di.int.r,,ted one nr 80,
infinite friend aud VINO Ielt h ,u,I IN a,,. -, 80
reputation aud character Mr. G b-.oming con- ~,
With Miss A AID having engaged her conn nv d, az, ,;,s
MIN church. she merely wrote him p,,o dsl5nn -, -,
with him. aud OF uIs o. had no grouud of co,on,;n,
Size merely casual acau,intancs of his and ~, ;
macy h ID grown I'D between than IIa ,hsn h,d w.