Monmouth weekly herald. [volume] (Freehold, N.J.) 1854-1860, 1857-10-01

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act, we may vi | it, for he must get
clear OF the we you believe that he
picked up sonnet he grass, what was it?
II his flight was merely seeing blood,
what was there rass that could SO di
vert his attentid But why continue his
fight 1t is. sus that he was running
then to SeheHt assistance. But who
did he look fora Who did he find r At
which door. did he kueck Who did he SEE
1t is suggested'he went for DR.. Munter. But
~lly run for Munter? was not he himself a
physician. 1t is suggested he went for instru-
melts; but would he run away from his pa
tlent on an uncertain expedition for. lnstru-
ments, without first examining the wound to
see what Instruments he would want, or if he
would want any, and in the mean time leave
his patient to bleed to death. But if he was
merely running for help>or instruments, or
physician, why stop and try to get in the ser
wants water-closet Ii he had picked up the
dirk on the grass, aud wanted to get clear of
it, we can understand it; but how can we I'M
derstand this uponthe hypothesis Of the truth
OF his own statement Can they be explained
upon any other hypothesis than the truth of
Moses statement.
Now if def't had really only met Moses in
the hall bleeding, and had not been chased
from lis room by him, if the delft had ran on
y to Schenck's Cor Instruments and assistance.
what would .s u when he got back
10 the Sea-WleN@ y Would he not instantly
have rushed up Stairs to Moses to render him
medical aid, and staunch his bleeding wound !;
Did he go right mp? Did not Smith, and
Munter, and Francs, leave him in the office );
Why take time to change his Clothes when he
had every reason to believe, according to his
own statement, that decd was bleeding to
death When Dr. Munter came to the Office.
Oh his way to the room Of Moses, did the deft
ask him if he had his Instruments, or consult.
or go with him Are not all the acts OF def't
after alarm, such as we would expect them to
| be, if Moses statement were true and he had
done the act
The other circumstances have been gone
over SO fully by the counsel on the respective
sides, that shall not detan you with any re-
view OF them. Ii upon the whole case, you
have any reasonable doubt that it was the
def't who did this you should acquit-Aifa
The def't has proved himself to be a man of
education, and Of uuexceptionabe character
Where there IsdsnSS doubt Of the guilt of the
deft, it sEoud s.sssn into consideration by
The jury, and inJme the scales Of justice to the
side OIL mercy. But where the facts are clear,
1t is no Justification, and should not way down
otherwise perfectly satisfactory evidence.
II you believe the defendtnt did this. the
| next question for your consideration is, what is
The degree, if any, Of his crime
Our statute prov des that all murder, by
| h. "A .,F. i 4
lea killing, Shall be deemed murder OF the first
degree.
IL is not necessary that the generalization
or elaboration should be for any specific pc
rod OF time before the fatal act 1t is Sufii-
cient if the thought exist the moment before,
and at the infection of the mortal blow.
Ii the det't came up when Moses as asleep,
and with deliberate and premeditated deter
mnatlon Of killing him, for however short a
time before he had entertained such intention,
plunged this dagger iii his throat, he is guilty
OF murder III tue tkSIadegree.
ays.s i1ss ths T pFsssd, o 5ssy
SION. The final cI1sisoY the case is now with
you. Way all the circumstances with your
most careful attention. | am satisfied you
will do your duty toyour country, to the def t.,
aud to your oatis; and may Omnsclenee guide
you to u true result
AT the conclusion Of the charge Mr.. Brad
Icy. counsel for the prisoner, rose and asked
the Court to charge, upon the following
points,
l. We ask the Court to charge the jury that
if the jury are satisfied that Moses had no be-
lief in God and in ii future state of rewards
and punshmentS, they must disregard his dv-
ing declarations.
To this request the Court replied by charg-
ing that such was the law, but that the jury
must be satisfied by the evidence that such is
| the fact Tie law will presume that he had
such htiief until the contrary is proved
3 We ask the Court to. charge the jury
that the fact of lIosAe net restoring the mon
ey, which he said VI bad won at gambling, to
its rightfnl owner III prospect Of immediate
death, is EVIDENCE Of a depraved heart, and
goes to show that his declarations are not en-
titled to belief; also that the fact Of his max
Ing no reference to future state, by smiling
in dersion when spoken to on that subject (if
the jury believed he did so) is evidence of the
like character and effect.
TO this request the Court replied, by charg-
ing the jury that they would give these facts
just such weight as they thought they deserved
in reference 10 the credit due to the statement
Of Moses The weight of these facts is ques-
ton of which the jury are the sole judges
The defendants except to this charge
3. We ask the Court to charge the jury that
if they believe the evidence of Munter with re-
gard to the length Of time that Moses had
been stabbed, the evidence of the defendants
guilt is insufficient
The Court, in reply, charged that if the jury
believed that Moses was stabbed two hours be-
fore the alarm, there certainly was no proof
that the defendrTy en5fe at that time; but
they were to decide Whether they would be-
lieve this Statementn the face Of all the facts
of the case.
VERDICT OF THE JURY.
The jury then retired in charge of the off
GERS, and the Court adjourned until the ring
ing of the bell which would be the signal for
the moment when the jury were ready to hand
in their verdict. They were celebrating from
a quarter to seven o'clock until five minutes
past eight, when they sgnfed their readiness
TO return to court The bell was then. rung,
when in all instant the Court house was be-
seiged by thousands, all eager to gain admis-
sion.
0rdnr ha vinr NTH Soma n; ff,ouI+xy hoo, 80