The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1856-08-07

! vcSy ecs " aom,nisteStu8 JoStAcc ID Oou, q
that which ia soue degree acceptable to ths
Almighty. and as psr,akiog OF tie nature Of .
religious duty.
There used to be--as wc suppose ther an
still--a great many delicacics IN the laws Aav.
Ing refcresce TO homicide md husglary; bat ia
Sir Matthew Halcs time. the knotty question
OF what was psassble latin for burgfarioas and
burglary, 10 tho framing Of indictments was
THE delicscy of the season. More otyeuders
escapci By the writing of burgariier, or bar.
genter, ior burgl1iter. than by proof Of limo.
! cenee, bot, although thcse errors were common
and istal Jaws In m indictment, Il was ruled
that burgiarites Was good Latin enough TO
serve the purpose of law
Dipping very much at random into the anus
ing Law sketch Of Professor Amos, VIC fall
upon some Of the subtlcties OF homicide. Ac.
cidental homicide, il II arose out Of the doing
OF iawfn act. held excusable. II IL arose out
OF trespass, not larceny, was manslaughter;
but II II arose out Of larceny. was murder.
hes Mr. Eden put the case hundred years
ago: a dldii, saos,idg'xt offd, dsff d5e axaf,k
proper and ordinary caution 10 prevent danger.
unfortunately happened to kin his neighbor.
The guilt Of this man. in the eye Of our law,
and. consequently, the proportion Of his pun
shment will depend. partly on the nature,
shape, and size OF the bird; and partly on the
intention OF the man with respect u the bird;
but will have no connection whatever with the
act Of homicide. II the bird chanceth In cy.
dence TO prove wild turkey. no mans proper
~. Il will he excussble homicide; II tame
fowl, and shot ~ for the amusement or i'm.
provement Of the marksman, II will bc telo.
nious and manslsughter; because an unlawful
tresPass on the property Of another; lastly. II
the bird were private property, and intended
to be stolen. which must be collected from the
circumstances, 1t will be murder Hobbes the
philosopher, living in Hslc's time. expresses
the law in this form: II 70 boy be robbing an
spple-tree, and by some chance fall tl,crefrom.
and break the neck OF man standing under.
peath, the crime consists in trespass, to the
damage, perhaps, Of sixpence Tr%pass IL an
offence, bat the falling IL uone, and Il wss not
by the trcspass, but by the falling. that the
man was slain; yet Coke would have him hang.
ed for it, ns II be had fallen OF malice prcpcnse'
There was a case which combined, in sug.
gestive way. questions Of homicide and burgla-
ry. A servant who had attempted tc murder
his master by giving him fiiieen wounds with
hatchet. but without killing him. WAS convicted
and executed not for attempted assassination,
but for constructive burglary. because. In or.
dor 10 enter his master chamber, he had been
obliged TO liz up the lAch Of door.
II has beeu argued. and we are not sure
whether II was ever completely settled, whether
II was burglary 10 break cupboard open; and
Of course when the punishment Of felony was
death, such q case as the following WAS serious.
Some servants 10 hushandry. left in charge OF
their masters team. entered bis granary by
means Of . fsle key. and took cut Of II two
bushels Of beans which they gave to his hor.
ses. Out OF eleven judges, three wers Of the
opinion that this was felony; eight ruled for o
that the robbery by the accused men was for
their own gain bccausc BY better feeding Of
the horses, their own labor would be le~encd.
The idle subtieties that have becn spent by
criminal lawyers upon the subject Of then
could scarcely bc aeen IN nscrr stvsntagc than
in the consideration efthst element IN thieviug.
which consists in carrying the stolen thing
away: or, a. the book call H. the arortavit.
Thus il was held that II prisoner removed o
package from the head 10 the tail of O wagon.
the asportavit was complete; bat II b. moved
il only by lifting Il up where Il lay. and stand
ing i, up on end FIR the pupo-e Of ripping II
open, the asportavit was not complete, because
every part OF the package was not shown 70
have been movrd The central point oi I, might
be exactly where II was before. This was IN
dersfood by the poe, who declared the asporta-
Wit to b, complete az against him ss when
'tbe Knave Of Hearts, he stole soune tsrts and
took them quite away.
There arr ofe OF two legs! serHS C! which
the meaning Is perhaps generally known We
need remind no one that Iapscy !. derived IRON
an idea that madncss il connected with the
moon; bat many may not be aware that felony
is derived from an Idea tha, telots are prompt
ed by excess OF gall Felooies were crimes
committed felleo amino. with @ mind affected
by the gall: and Hale was Of the opinion that
the reason why lunstic cannot be guilty Of
crime Is the want Of gall Then again, MAIN
ing Is not any kind Of woandng, bat such
wounding ~ lessons q mans poser oi battling
IN his own defense. Therefore. II was ruled
that TO knock cot q man iront tooth n 10 main
him: but that hr Is Dot mAined ny the knock
ing out Of grinder; bcepnse with front tooth
he can bite and tear an enemy. but with
grinder be can only nlasticaie his food.
Innaiics and idiots. il vas said. could not
Be criminals for want sf gall; yet that they
can destroy life is certain. DR.. Mayo rrlaies
that an dot 10 the hospital Of Saizburg sp-
pesring 10 be sDguizrly issas1eptib,e Of fear.
an experiment o, no appalling ehsiacser. and Of
appalling cooseqnesees was nsde upop him.
as Q neaos OF pctiios his susceptibility to ths
test. II sas propo~d 10 prodane in him ihe
imprssioo that he ssv dead man Guns 10
lk A person. accordingly. h.d hinrsif laid
out az cospe and envelopei 10 shrosd; and
the IDIOT Was ordered 10 watch over the dead
body. The dot psreeivng sssne motion in
The corpse. desired IL 10 lie stiil; but the pro
tended corpsc raising i,stif in spite al this 3D.
monitiou. the IDIOT seizoI q hatehes. which
unlucki!y. wN within his reach. and 60, og
frSt On. u the feet " ths unfortunate com
,r.eii, and ,beo, unmored Wy his cries. cat "a
bis had He ihen calmly resumed BIS station
BY the real corpse trr sre- 10 surh q story
what 1, n,snui by tiere being NJ gall--~ frl
ony 10 the lnnsiic. Here y ghastly murder
withou, bitterness o- wrath 90 criminal intent.
A, little "a. tie-e a gall 10 q frrch child
fv. years md hall oId. nentioosd by Vol
taire This itiL boy. 81 Lyons. svose sxsicss
hs own mother ninn,e eyid~ncs IL sasiry hes.
rible o6ences, and epdlnx r.th nurdss, ADD
the particulars OF fbrowins ihe dad BODY IN
the kbooe. oil Of whseh tsrned cat N he fslsr
The children kaying heen snbrnrd by tso
eh''dren d bcf soca-er-, had very nsar'y -srt
hn mother 70 the sfake--fov sagsr pians.
We have 40 arbitrary way o. Gxine tar'
teen yearz .. tho age "a reisiioo TO rrspDnsibil
fy for certain capital oSpcss- We take iha,
age RON DE E&st. where pabi:y CONES ssriy.
ADD sotaAASo3c .-see ~ an virgin iros