The true Democrat., 1854-07-12
Speech of MT. Crttenden in the
 Ward Case.

vengeance against its citizens But its interest Is paternal like that of father in the midst of his family Its interest is that it's laws may be ad mnisered and that its citizens shall receive from that administration just and merciful protection.
 The defendant has an interest in it. He has every thing at stakehS life his liberty his character and the feelings and sympathies of those who by ties of friendship or of nature associated and allied with him. All these are at stake; and you are the men who have been selected to arbtrate and decide this mighty issue.
 Gentlemen, we have all cause to rejoice that we live under government, which guarantees to every man the right of trial by jury Without it. no free man can be touched in life liberty. For ages this right has been the inheritance of our race Our pro- genitos established it in the old world and our fath CTS nave struggled for 1t, as thing indispensable to the security of their lives and their liberties.
 You may wonder why it is they have been thus so- hcltous to preserve this right of trial by jury. You may inquire why they have not rather left it to the courts to try men who are charged with crime. The linen of superior wisdom to those who ordinarily compose jury; men with greater knowledge of law and men of undoubted integrity.
 It IS notso much from any distrust of the judges, or fears that they might be swayed improperly, that this right has been preserved; but from deeper and wiser motive. It is not because the people are equally learned with them but because they are less learned It is because the law desires no man to be molested in his life or liberty until the popular sane ton has been given to his sentence and his cause pro-
 
 expected to render all necessary assistance in stating the law; but his cause in passing through the minds and hearts of his equals who trying it, will be di- vested of all nice technicaes and subtle anaogies and decided on its simple merits, and according to the dictates of reason.
 The life of man should be taken on no other Judgment. You may lay down the law like pro- blem ln Eucld you may take fact here and anoth CT there connect this principle and that proposition and then from to the other reason plausiby and even logically that man should receive sentence of death. But 1t was to avoid all this that this glorious right has been kept inviolate It was to bring the accused face to face with his accusers and to suffer only Jury Of his equals, with their warm hearts and honest minds, to pronounce upon cause involving ms lie or hls liberty. This, gentlemen. as under stand It, Is the object of jury trials. Were cases left to the Judgment of the Courts mans destiny might depend on some subtle and difficult question of law put now It Is different. When you consider case it Is invested of all such questions and appeals to you as able to judge of the facts-as familiar with the pas slons and motives of men-as those who will rest it on It's simple merits alone and will only condemn for reasons that sure. and solid and satisfactory to your own understandings.
 You are a jury of kentuckians and 1 have too much respect for you, too much respect for in ths important case, to deal with you by of treaty or nattery. But may say that have conf dence in you, and that look forward with sanguine hopes to the verdict you to render. expect you to do your duty manfully and firmly; and expect you to do It. notwithstanding all that has been said to the contrary mercfully. expect you to do it principles compatible with public security and it is my duty to show you that you may acquit the prso- neT at the bar on such principles.
 l he accused IS before you in house of Kentucky justice and all vengeance must to pursue him. at this threshold. This is his sanctuarv-here the sway of the law is potent Here the voice of justice justice tempered with mercy-is heard-that voice winch falls n sounds of terror the guilty hearts, but whispers in songs of seraphs peace and joy to the 
 The casa oantla,ooo is o,,o +bo+ lo,.,o. l. III -. attention. Thus far it has engrossed it. for never have had the honor of addressing urv in any case who have given. during the whole progress evidence o1 more patent and unwearied attention 1 am con- soed by the belief that you know the evidence as well or better than do; and only ask that you will weigh 1t carefully in all its bearings and influence making the proper discriminations earnestly striving to ascertain the real motive of the accused and then render that verdict which is demanded by vor oaths and the laws of your land.
 l Will first proceed to examination of the evi- dence and will then endeavOr to bring to your atten- ton the law believe applicable to it. And hope to saus1y you that the law when applied to the facts entities the defendant to verdict of acquittaa yer diet which, under all the circumstances of the case would cause Mercy herself to rejoice.
 hat then Is the case, briefly stated! William ard boy of fifteen years and scholar in the Lou lsvie High School returns home during the absence ot hs parents and informs his elder brother that he has been unJusty and severely whipped by Mir. But Ter. the Principal And though could have borne that brother" he says, II could not well bear to be called ar; before the whole school-Iny companions and my equals. l wish you would go and see Mir. Butler about it." It is four o'clock in the evening when he gives his brother information of the chastise lnent he deemed so cruel and unjust accompanied by such an appeal The brotherthe prisoner at the bar -determlnes to go around at once, and ask an expla naon; but suppossing the school to be dismissed and the teacher not present at that hour he concludes to wait until the following morning. Then the parents have reached home but as the occurrence took place during their absence he obtains the consent of the father to go around and ascertain the reason of it. He goes and in conflict in which he becomes invov- ed the death of Mir. Butler ensues. This is general view of the case but necessary for us to examine 1t more particularly.
 The purpose for which he went to the school house was undoubtedly lawful one. If child is whipped particularly when the chastsement is so severe as to leave marks upon the limbs, ask if it is not only lawful but ln fact paterna duty, to go and inqiure the cause and learn why such punishment was admin istered! Certainly its. Andit equally lawful and proper for the brother to go especially 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 go on the errand that took him to the school-house. This point l consider settled.
 Why, then, are we to infer malicious and wicked motive on his part, for doing that which is clearly lawful and ustihabe and proper! The correct pre- would certainly be- that the motive was as good and lawful as the act itself It is contended that ne went Wltu Iducc you nave DCdTQ ueS- timony on this point-you have heard that of Mrs. Robert J. Ward-given ill a tone and manner that must have carried conviction to your hearts, and you know what inducements and reasons there were for the defendant to seek interview with Prof. Butler You have heard that the parents had just returned from Cincinnati when the watchful eye of the mother observed Willie at home, and she asked why he was not at school The little fellow, still mortified at the memory of his own shame, burst into tears, and re- piled: '' Brother Matt. will tell you" And that brother did tell her. adding: I designed to have gone around to seek explanation last night but the hour was so late that the school not in session: so postponed it until this morning. When the father proposed that he should go the accused repled "Ths occurred while you were away, and was here; and think, father, you ought to let me go." And, Ill fact during the absence of the father the accused was the head of the family
 It was decided that he should go; and then Mrs. Ward lnduged in of those maternal anxietes and apprehensons, that often rise in the heart of the mother, lie endeavored to quiet them, but when he at the door, she suggested that Robert should go with him. lie had made request of the kind; he not desrous of the company or assistance of his brothcr but the contrary when it was urged upon him, replied: II apprehend no difficulty MT. Butler is gentleman; and as only ask what justice de- mands am sure he will do all desiren Gentlemen,
 think this no unimportant fact in tracing the mo tives of the prisoner. Even, at last when he submit ted to the proposition that his brother should go. it was with impatience. He was reminded that Stlrgus