The true Democrat., 1854-07-12

 If the request had been preferred to stranger even he should have acceded to it an act of simple justice. And in view of the paternal relations of the teacher- in view too, of the intimate and friendly lations of this teacherwhen the proper person to ask it, there should have been assumption o1 dgnty-no buttoning of the coat and naughty refusal to be interrogated. Would it not have been more in accordance with reason and justce-more in accord ance with the real character of the excellent Mr. But Ter, even if the question was propounded in man. ner not exactly agreeable to his feeings-to have re- phed, will gladly do 0you desire, and if prove to have been in the wrong, no man living shall be more prompt to make the necessary atonement."
 Suppose he did see little irritation in the of MT. Ward, and suppose the method of propound- ing the question exactly compatible with his taste ana feellngs,-as good man, just man, as aprudent man, ought he not to have said: l see you are Hritatad 1 know your feelings are aroused put let us fairly examine the case and then if find have been in error, shall be proud to repair the wrong have done.' Would that have mssbecome Prof. Butler? Would it have impaired in any de- gree the proper and healthu discipline of the school Not according to my conception of the matter.
 But unfortunately he did not take this course.-- When his attention is first called to the matter he buttons up his coat and replies: am not to be in- terrogated, sir" Ward insists upon it. MT. Butler ask civil question, and expect civil answer:- Which IS the worse, the contemptible little puppy who begs cfestnuts and then lies about it. or my bro ther William who gave them to him!" There may be some obJeclon perhaps to the language used here the phraseology of the first question was better but an answer refused to it, and repeating it in stronger form does not increase the criminay of Mr. Ward. He is assured no such boy is there. ''Then that matter is settled; but why did you call my bro- ther liar! For that must have an apology.'' AS Ii to say: :" have just right to an apoogy-unde1 the circumstances it is my due" '' have no apolo- f gy to make" "Isyour mind made up on that pont?' It's; have no apology whatever to make" ''Then you must near my opinion of you-you are a scoun- drel and coward"
 And here let us pause for moment to examine the relative position of the parties at this point The accused had gone to the schoolhouse for an expa-
 aon winch was his due; it was utterly refused tc hlm, and thus that question closed He Lad then sought an apology; but that denied him in terms equally emphatic, and that matter also settled by the reiterated assurance that apology whatever would De made. Then he used the language he did and there. as apprehend, the demonstration closed on the part of w ard that was all he intended. He felt that his brother had been abused insuted and outraged, and when all other redress supercili- ousy denied, he took the only satisfaction that was lett him, by applying these terms to Butler Do the circumstances indicate that he intended to follow ii up further: think not in the natural course o1 events He had retaliated and there the matter must concude-there he would have left it to rest forever
 The next step was taken by Butler. They tell VOL he was an amiabe gentleman and there is no doubt o1 the fact but they Tell you also that he was man of spirit The facts show that he commenced the combat Ward had reached point where there was nothing more for him to do. But he was seized by Butler whose hand grasped his collar or cravat- crushed back against the wall-bent down towards the twice in the face to the certain knowl edge of the only witness who the whole transac- ton and then, but not till then he fired the nsto tr free himself from his assailant This account of the transaction Is perfectly corroborated by Ouiplev as well as related by Robert Ward. Do you believe it Do you not see how it would in the reasonable and natural order of things? Even their own wit nesses tell you that they ke.o Butler would not take such language-that when they heard it applied to him they expected difficulty.
 lhs IS the case proved by portion of the testno- n.y. and think fully established by the better portion o1 It, believe, then we have clearly settled it. that the hrst assault was made by Butler that he promptly and tercely pursued it until he had placed thls defendant in position where he had good req son to apprehend the most serious bodily harm-in a position of extreme suffering and extreme danger.
 Agaln: does any one doubt that this was sudden ana casual af1ay, unexpected by either of the par ues live minutes before it occurredl After some con Versanon, III which 1t is true harsh language was uSed-put It Is settled princi pie that language whatever can justify an assault-Ward was suddenly assaulted and attacked; and then. at time when he was in great peril and suffering he fired the shot Afed It, as we contend, in self-defense. The only means of protection he used the psto it is not ln proof that he struck single blow. You see his to1n-and you can perceive there the most palpable indications of the truth of what you have been told by so many witnesses-his extreme weakness and de- ncacy. DO you think 1t probable that one with such torm-in so feeble condition-would engage hand to hand with man of ordinary strength2 And ac- cording to the testimony of Mir. Joyce you will re- member that MT. Butler man of unusual mus cular power in the arms.
 The only pretense of blow from the prisoner is founded on the testimony of of the boys who saw Mm bring his left hand down with gesture and thought he struck, because he then saw Butler move from hm do not speak this to impair the testimo- ny ot the boy but mere y to show you another ind- caon o1 the existence of those circumstances and in uences that render impossible for these school boys to glve faithful and perfect account of the ton. Can you believe for moment that a man in the physical condition of this prisoner. in his sober senses, would attemptto combat with any one? Even with his right hand it would be the most perfect folly for him to attempt to give blow that would iniure cMld-and do you believe that with his left he could give one that would causea man in his fnll strenoth and vigor to fall back? It is utterly impossible - And with this fanciful exception, not one of those thirteen boys saw blow given either side. That there were blows cannot be doubted Butler himself stated it distinctly to every one with whom he con versed in regard to the afray before his death And on such conflicting and uncorroborated testimony as this, you are asked to take the life of fellow being
 Gentlemen, l think have stated the case fairly have certainly endeavored to do so have spoken of the testimony as 1t was given, according to the best of my recollection, and believe it clearly esta- bishes the fact that this prisoner was reduced to condition where it was right and lawful for him to avail himself of any of the means of defense and pro- lection that were within his reach
 Now, what is the law that applies to the case? shall not trouble you with much of it. and will en- deavor only to call your attention to that which is strictly applicable Many have been cited for your consideration, of them involving nice dis functions and subtle questions of law, in regard to which even lawyers and judges have hardly been able to satisfy themselves Is it to be expected then that from sources such these you must reason and ana yze and deduce the law it is your duty to act upon in case of such magnitude as this? think not. I think no conscientious will desire to do it; and am quite sure that you prefer to know something of the simple principles on which this great crime of murder is founded, and the circumstances and ele- ments that go to make up its different degrees.
 1 contend that according to all principles of law, the facts which have been developed this the act for which the prisoner at the bar is arragned to be neither murder manslaughter but ustitia- ble homicide. Though the words of the law may not be known to every man, yet the statutes thereof are written in his heart. You know what malicious kI- ling is-what killing in the heat of blood is and what killing in self defense is, and your own judgments as well your hearts, tell you that there is wide dite- renee between them. In morals and in law the cri- minaity of mems conduct depend on the circumstan- ces under which they act, and the motives by which they actuated.
 There nothing simple than the principles of common law, on the crime of murder. Malice is the essential ingredient. It may be caused by some diff tcuty and grudge, but it must be indicated in that wicked state of mind-that distempered and deprav