The true Democrat., 1854-07-12
otrap, foren anb 9om&sit ehs, ynterna ymprob&mens
LITTLE ROCK, ARKANSAS, WEDNESDAY

occurrence five minutes after transpired? You know the character of the human mind, and you know that very few could do it. Transfer it in your minds, then to the presence only of parcel of frightened school-boys; and after. months have passed do you believe they capable of giving full history of the affair." detailing all the events in the precise order in which they occurred, and even descending to the minutia of the position of the hands? The mind and particularly the youthful mind, under such crcum- stances is in state of chaos, and the memory and the imagination combine until it is impossible to ravel the tangled web and come at the simple truth.
 believe these boys to be intelligent and honest and high minded, and incapable of any intentional mis- representation. But believe at the same time that they are incapable of narratng the smple uncolored circumstances of the case, and of giving testimony on which the life of man ought to depend.
 Another thing: these boys. from II to IS years of age, since the occurrence of the principal fact we investigating, have been the scholars and under the tuition and training of MT. Sturgus. With all their natural sympathes the side of their teacher-with all these other circumstances tending to give their minds blas they have been from that day to this under the authority and instruction of Sturgus the enemy of Mir. Ward-the pursuer of this prisoner.- You who understand the affairs of men, will see the impossibilty of fair and faithful narration of the event from them, under such circumstances. You Will understand how this man-they not knowing it. by word properly thrown in, or statement repea- ted until they were familiar with it and received it without question, may have exercised great influence and control over the feelings and recollection of these boys He is their teacher and guardian-they are under his charge, and though he sworn here as witness for the Commonwealth, he not introduc- ed upon the stand. Put all these facts together-and 1t is your business where the facts are not all known but few of potent character established to infer the others-wegh them carefully in your own minds and then judge for yourselves if the probabilities in regard character of the testimony of these boys are not all in favor of the assumption have made | Now let us examine the testimony. After the able manner ill which it has already been reviewed and considered it would consume too much of your time to enter into minute repetition of its details but think may safely say that from beginning to end no two of these witnesses have perfectly agreed, that thelr statements contain discrepancies and contradictions; that the account of of them is probable and satisfactory, and that they all show, from their disointed nature they only contain DOT tons and fragments of the facts that occurred.
 Ii there be any one thing in which there is more concurrence than other points, 1t is in the state ment that when the parties had exchanged sautatons W ard immediately asked: Which is the more to 1 blame!" etc. Now, would not this be most extra ordinary manner for one gentleman to commence a conversation with another? But four or five of them agree on this point and you receive their testimony you must conclude there no other introduction of the bect but that these were the first words ut tered by the prisoner. Is it reasonable? Does not the very awkwardness of the question: asked in such manner, indicate chasm here-something which old not reach their eaTs-some preliminary if not for the sake of ordinary courtesy at least to give con- prehenslble explanation of the business: And what says Robert " ard on this point! He tells you that Matt hrst informed Butler he desired some conversa- ton With hlm and after declining to enter the private roon giving a reason that the event of which he wished to speak had occurred there, went on to in qure what were his ideas of justice and taen pro pounded the question mentioned, which in that con- necuon came naturally enough. Thus in the very commencement, Robert Ward gives you the only na- tural and satisfactory account of the conversations and this fact alone is sufficient show you the frae mentary character of the information possessed by the other boys. 1 know Robert stands here in q po | to and 1t Is your duty to weigh his testimony carefully and not to receive it, unless you perceive in intrinsic indications of truth or it is corroborated by other wit nesses of whose veracity you can entertain no doub In this case, call the witnesses of our enemy to corroborate him, and contend that even by them he Is so fully sustained as to be entitled to your belief
 One of the largest of these boys and one who heard more of the conversation than anv other wifi ness who deposed for the Commonwealth, was orth lngton. Yet he did not hear Ward make use of the term " liar st a and thus he corroborates the state ments of Robert Again, Robert tells you that the accused introduced the conversation in natural and are your ideas of justee?' Now, how is it that of these thirteen boys twelve leave this entirely out in their history Of this conversations! How is it that if their opportunities for hearing and seeing were as good ana thelr recolectons perfect you asked to believe, they all disclaim any knowledge of this language! But let us turn for moment to the test- mony oi little Flrtle, who frankly confesses he did not near all that was said, and who one of the
 
 lie tells you that the first words he heard from the ac- cused were something about ideas of justice" and chestnuts. lou must observe that the connection of subjects IS very singular one-one that would not be likely to be suggested to the mind of school boy or any one else, unless he had distinctly heard it. The minuteness with which this triva point is recoected seems to give it more weight and to indicate in no ummportant degree the truthfuness of the testimony given you by Robert Ward
 Crawford corrohorates him by the fact that he did not hear the lie given. Benedict states that when in terrogating Butler, Matt. asked, Which is the worse the boyF etc. though all the other scholars state that he used the term puppy" Now Robert tells you that when he asked the question the first time he did so in the words detailed by Benedict; but that when no answer was given he repeated it in some irritation and then changed the phraseology to 'the contempt ibie little puppy" Though theparticulars may seem trivial yet think all these minute facts combined will enable you to form correct opinion as to the geueral character of his testimony.
 Quigley confirms him. He tells you that Ward was forced back by Butler before the pistol fred against the wall and the door. Is not this corrobo ration on most important point? And he further says in cOrroboraton that when Sturgus came out of his room Robert told him to stand back-not that he told him to come on, related by of the other boys The statement of Quigley as to the condition to which Butler had reduced Ward agrees exactly with that of Robert word for word
 Campbell however, contradicts Quigley in regard to the language used by Robert to Sturgus and there are other contradictions between the boys various
 
 ieve it is unnecessary. 1 think have demonstrated that but little reliance can be placed the testimony of these school boys-because they do not agree-be cause of their numerous contradictions how ever pure their minds may be- itcomes to you through all these circumstances of diminished credit combined with the fact that they have been long under the care of Sturgus the enemy of Ward-and by that en- mity verify believe, the of the unfortunate event which occurred
 Let us look at the testimony of Robert Ward; and after what has been shown you, think it is not ask ing saying too much to claim that this is the only testimony which has brought order out of disorder. given the only connected and reasonable account of the whole atfar-a consistent history of the events that transpirednatural in their course and leading directly to the results that actually occurred.
 You have been told that according to the testimony of this witness, the accused told Butler he desired prirate conversation with him. but no such word was used, as your own recollection of his language will readily assure you. It was public investigation he desired and when invited into the recitation room he declined, saying, Mo- Mr. Butler, the occurrence of which wish to speak transpired here and thsis the proper place to talk of it Could there be any thing more natural or more proper than this? There the boy was whipped-there he had been called liar and there all his companions who had witnessed the whole transaction.
 Butler might have said, '" Here are the boys; they witnessed the occurrence they know all the facts of it,