The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1854-06-01

L
the judge, and the extraordinary admission
of the defendants testimony. and the un-
wonted license given to the advocates tor the
defence, are not TO be blamed for their ver-
dict.
First-Of the Crime.
| The accused went to see deceased. and
have a negotiation with him about an afiront
! given THIRD PARTY. He knew he would
meet him IN school room surrounded by his
pupils, where his dignity would restrain him
from quarrelng, and he had no reason to APP
prehend from the man or place dangerous
/ alteration. He was not in the habit of be-
ing armed. He deliberately purchased new
| pstols--had them loaded by an expert; he
bought TWO; one would have been enough
for protection, TWO evidenced detcrmina-
ton to the Interior purpose. Mrs. Harvey
noticed him walking with determined air
through the streets. He gained the school
room; he commenced demanding explana-
/ tons; he became abusive. Although assist
ed by the presence Of a brother who by con-
cert of arrangement accompanied him ARM
i ED, while Butler was in the act of striking
him, (to take to the full the evicence) or OF
wrestling the pistol (to give charitable con-
struction), he fired. So near was the pistol
that the powder burnt the flesh, and the ball
entered the back bone. There was no time
TO strike a blow; there was not one step OF
retreat. There was no suspicion of a dam
ger to his life or his limbs, frl IN the decea sed.
| see generalization, deliberaton, and NAL
ice IN al, the testimony. These are the e!e-
ments of murder. In all species OF man
slaughter some sudden provocation-some
sudden heat OF blood--or some act OF retreat
before repelling violence with death--espe-
cially violence with naked fist--have been
expected and shown. l challenge from the
books one case of manslaughter or justi6able
homicide parallel with the present.
Second-THe Courts bias 10 The accused.
The Judge (page o. at the outset directed
the Jury on the law OF manslaugh,er and self
defence, but Ci not lisp the word MURDER
hint of it or define il. Upon the examin L.
ton Of boy, (page le) the Court termed
questions as to his relig' us education, Gun
necessary" and said, IL trust those questions
'uiIl b0-v,aittsd In ,he- examination" The
Court admitted evidence Of the dcfendent'.
declarations the evening before, regi ling
his intentions after he had heard OF the in
suit he went to aveDge-and when you con
sent, he might he making evidence for him
self. The rule oil law here violated is famil-
, iIr to all lawyers, aud was eloqnenty dis.
CuSseu pro uHu COu III IPppte VS.. w lteV !
Hill, 1874, by Messrs. Whiting, O'Connor
and n. b. Blund-the decision being against
prior declarations OF a prisoner There was
here transparent violation of evidence =
not a mere mistake. 1t permitted the faiLer
to calmly give illegal testimony, and then
ruled it out! The Court swore the code.
PENDANT in the Indictment for the prisoner
a man incompetent from being a party to the
record, and not merely obnoxious to the
I charge of interest. Moreover he was indict
: ed as an accessory. His principal being ac
quilted, he would also be cleared. Thus hi,
: testimony was in his own case. The printed
report says that Messrs. Gibson and Critten
, den cited-the one various auihorities-tht
other a large number of authorities. 1t is
: pity the stenographer did not beg the cases
, for I'll venture to say not one can be founC
: in reliable law book. Even prosecution
must MOLE pros joint defendant to max,
him witness for the people-a States evi
dence-and then judges aIvise the jury tina
a it isn't safe to convict unless he is corrobora
ted. Further illustration is unnecessary
O The charge oil a trial which took week doe
, not occupy a page and hail out of It's il
the pamphlet. 1t is a blind and contuse
charge. 1t does not begin to touch the def
n nition Of murder, and is not so good one
might tall from the merest tyro in the pro
u fession. Every lawyer who reads it will 50,
g so.
h Third--I Course OF Counsel.
" Marshall did tho hn llyinu a,d IA a