Evening star. [volume] (Washington, D.C.) 1854-1972, 1857-07-16

Cross, &c, then the prisoner was illegally ar
lested and not culpable; to which Mr.. Key OBJ
Jected, saying that il was hypothesis based upon
Supposed facts, OF which there was not particle
OF evidence given. He referred TO the testimony
winch had been adduced to show that directly
opposite state of facts was shown. Mr.. Key con-
tehueu that the instruction was inapplicable TO
the case, and should not in his opinion he given
MI Chiffon spoke in reply to MIR. Kew in this
motion OF instructions
The Court then delivered the following to the
jury, refusing the prayer of the defence:
First, was there bench. warrant--if there was
(and you may collect this fact from the evidence.
IN the hands of Deputy Marshal Philips-if you
believe thai, having such warrant, he called upon
the bailiffs in court TO aid him in arresting de-
PENDANT, against whom the bench warrant was
issued on an indictment found il is not necessary
that the officer holding the warrant should I've in
the sight of the others called on by him afore-
said whilst making the arrest provided they
were all out at the time in pursuit of the defend
ant-Com rs. Field, 13 Mass. r., 32l Chitfy,
sec. 6, chap. 40
1fyou believe that these officers were known TO
the defendant, which you may infer if YOU think
proper from the circumstances in evidence. the
drawing OF the pistol with which he flicted the
wound, carrying il openly exposed, and threat
ening to shoot any of the persons in pursuit that
came within ten feet of him. his flying and finally
using the weapon; if you believe these circum-
stances shew that defendant knew that the Of
hcers Of justice were ia pursuit of him for an
offence against the laws of the country, and that
the men then before him Were such otficers-it
was unnecessary TO show the warrant or inform
him of the particular of his arrest before he
was arrested; il follows necessary con sequence
that the defendant had no right ''to resist said
officers. including said Robinson, with the force
lie did employ
=. The instruction OH beha of the United States
II Is perhaps unnecessary to answer the above
answer to the defendants prayer includes a reply
tot but as it is before the Court it is granted
The instructions allowed by the Court were in
substance such as had been asked by the District
Attorney.
The case was submitted to the jury without ar
gunent, who brought in a verdict Of guilty as in
dicted.
THE SENTENCE
The Court ordered the prisoner to stand IN: and
then said that he had been tried and convicted of a
most arocous crime, that of resisting the laws of
his country, and the officers of the laws in the
execution or their duty that a worse crime of its
nature had never come within his experience
where the resistance had been carried to so treat
an extent; that il was the special mercy of Prov
ldenCe that he had not killed the officer: that
nothing saved the officers life but that the officer
hand interviewed between the ball and his head
IL was the duty OF every man to submit to tie
laws and the officers; that IL is not nersSSary for
an officer to have warrant in his possession; but
| if he has received from the proper authority the
order to make the arrest, that authority is sutf
cient, without any further being shown. If he
had killed the officer. he would have been nm
questionably, guilty of murder. What the priS-
oner could have meant by this diabolical resist
anCe 1T was difficult to perceive; the law was the
master of every man, and all men should Subrut
The sentence of the Court Was that the prisoner
suffer Imprisonment at labor in the Peniteutiarv
for the term of eight years, that being the longest
time the law allows