The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-06-23

himself Anu tAt mOlntr-Can believe that when she
parted with him at the door she thought she sending
her errand of blood mission of revenge? The
idea is too horrible TO contemplate Neither the father
mother expected the least difficulty with Butler though
the prudent apprehensions Of the latter suggested that there
might possibly be interference the part Sturgus
But Ward and Butler were frends--they had mutual
spect for each other.
Well they left the house-Wihe going along TO get his
books and Robert at the instance Of his mother What
was The conversation the way II may tend TO throw
some hight the question at issue The testimony Of
Robert Ward gentlemen may require hereafter at
tenhon than can give il at this point But for the pres
en 1t Is sufficient to state that he did not know that his
brother armed and that he had the least expec
ton OF difficulty. On the way Matt tells bim-t not
all detailed here but this evidently the burden of the
conversation am going TO seek explanation and apollo
gy for injury done to brother Willie. did want
you with me- you young and hasty you do not know
the circumstances Of the case and you might act nds
creetly apprehend difficulty; Butler is a gentleman
and will do what is right and desire You not to have
word to say Ii was as much as TO say II would you
were at home Robert but now yon here do not nter
fere by word deed But littleWilie who has heard
this injunction, says. "Ah, brother but Mr. Sturgus is
there !not Butler but Sturgus"and you know he has
big stick Y Matt replies; Why, shall have nothing
TO do with Surgus-my application is to Butler" Then
he turns to Robert and adds IT. however Surgus and
Butler both attack me- you may interfere lie conectured
the possibility Of this only to soohe the feelings of the lit
tie boy lie had already made Robert passive but listen
ing TO the suggestion must excite his anxious and brother
y apprehension therefore he said If such thing does
occur--which do not expect-you may keep off Stur-
gus ..u.
Does this look like an intention to commit murder? On
the contrary do not all these circumstances go exclude
the idea of any hostile feeling malignant purpose or
any design to attack do unlawful act the part
the accused Further to prove that there is posi-
blity of malice have shown you how he had been
king preparations for several days and that very
morning, to depart for his plantation in Arkansas His
mind not bent mischief but engaged in legti-
mate and proper channel All the facts 90 negative the
presumption Of malice, or of any wicked purpose.
But he had been todand he knew efore--tha Sturgus
was his enemy He knew that by remote possibility
the visit might lead to a collision and combat with him
wpnk--uttprlV unable IN rasiat ftack
that might be made upon him and therefore it right
for him to himself Is it to be inferred because
purchases pistol and puts it in his pocket that he intends
to commit murder, unless it is indicated by subse-
quent act2 You often in town, perhaps and if you
purchase rife there will that fact subject you any
pcion But IN town the procuring Of pistols is neither
more remarkable improper II is true that when
he buys pistols, man may do it with intention to
init murder yet when he does an act which may be
counted for lawfully in thousand ways but by posi-
bity may be improper and unlawful il right for to
conclude that he must be acuated by the possible
would be accusing spirits indeed. What would be the
condition OF human socewhat the relations of man to
man-were this doctrine carried out2
man may arm himself for case of probable danger
he may do il with view to specific occurrence, and he
may do it in sefdeence Who object to it? The con-
stituton guarantees to every the right TO bear
No law takes it away, and none The right of
sefdefence is inherent one, given by God to It
our own natural right and Blackstone says hui
man legislation can ever take il from But how ga
tory and vain you render this right it, when in pursuance
OF the laws of his country, himself for any
possible contingency and remote danger you impute to
him unlawful motives and subject him 10 every sort of
imputation OF murderous intent.
This prccaution on the part of my client indicated
intention of violence 1t may have indicated purpose
70 defend himself IN case OF attack but nothing more
VIII you cast aside the thousand other natural
uons, and adhere to that irrational and unsupported one
which makes him criTninal2 That alike unreason-
able and inhman. But take all the circumstances and
weigh them carefully and you will see the motive as clear
y as you the act ITSELF and you viii design
| take life, or to violate the laws OF the land.
.-l. tl,,~ "a. a.
way2 They met young lady in Bloomer costume and
talked of the peculiar and fashion Of that dress
What subject for the conversation Of within few
steps of the point where he intends commit malicious
and cold-blooded murderl
One Of the gentlemen who addressed you for the prose
cuton announced in the of his argument his disbe
lief that the accused purchased the pistols with the design
to commit murder went TO the schoohouse for that
purpose If he did not he had no criminal intentions
But within half an hour after the gentleman becoming
more deeply engaged says with violent gesticulaons
Ward purchased those pistols with the intent murder
Butler Thus he assumes contrary positions, and both
Of these declarations are made by the same author sup
pose have right to receive which please win choose
the one then, that believe takes the only reasonable and
truthful ground-that he had such intent But will
go no further on this point think it is fully established
that the purpose for which my client visited the school
house proper and lawful So far thcn we find
no offence when he entered the door he free from all
malice and all eriminality Did anything there
which made him murderer This Is the next question
! for you TO consider
You have heard the testimony as TO what ran.pired at
the school-house No there except Matt Robert
and the pupils Willie in the ROOM but so engaged
that he knew nothing of the interview TO prove the
ure Of that interview thirteen boys have been introduced
here by the Commonwealth Now gentlemen before say
word to the testimony Of these pupils wish 10 have
my position clearly understood The counsel the other
side, with triumphant air, have forward and vol
unteered defence Of the truthunes and yeracy Of these
boys But their services have been in advance Of any oc-
cason for hemthey have only defended what Is not at
tackled ut ALL Not Of the counsel for the defence has
intended Or sought TO mpeach the character Of these
witnesses IL may be asked then what circumstances us-
y us in the ground assume to their testimony Ii
must be remembered they but Of boys and that
they testifying in regard to circumstance in which
their teacher killed They must have been under the
influence Of excitement and fright The time which the
accused spent in the schoolroom was at most not more
gaged their studies and twas contrary explicit reg
uaOn a the school to around and look up when sran-
gers came in And when Unexpectedly like fame from
the earh this fearful occurrence broke in the stiffness
Of that schooroom, what must have been the panic OF
these boysl You can imagine well ID would have
startled menthe camest and irmest in this ury-box or
this court room Benedict think gives a very Just idea
Of the condition Of all Of them He says 20 much
frightened that couldn't think Of anything or see any
thing hardly" And whatever the gentlemen may contend
believe this the state Of all the boys in the room
they may have Butler and Ward during the converse
non IN the carly part Of the interview but this
they saw clearly. One fact alone Is sufficient TO diminish
the weight OF their testimony Not of them heard al
INC conversation perfectly. Though two conf
uSnt nat they did they coutpdctod by the others
VINO hearu words and sentences which reached he
ears 20 Two oi them give the account Of il but
he contrary there much inconsistency and contradic
on y evident that Of them saw all the acts
heard all the conversation that passed and this in add
oh 10 lhe general panic that agitated their minds and