New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-05-11

judges face.
Judge Davies then delivered the following
CHARGE TO THE JURY.
GIsrLrnrs OF TIRE JuRr:-The pnsOner al IL.
bar stands charged with one Of the hghes, c,s,.,
known to the lsw--that Of taking the life Of hun.,
being, Harvey BartieI on the night Of the aeh n
January last. You have heard, with commena.b.
patience and attention the evidence 10 support sd
reutation of this accusation; and you have kst.,>s
to the comments and scrutiny Of the learned and "a
queDt counsel engaged this cause upon the testo.
ny thus adduced. 1t new remains for the Govt !. /
state ~ You the principles of law applicable to u,
case and render you such aid as may b. in lis pow.
in classifying and arranging the testimony and nSs.
ing the proper considerations applicable 70 its ysrs,
parts in your consideration OF il. IL can De hsra,
necessary for the Court to remind you geHtemsa -
the solemn and important responsibilities resting ana,
YOU The oath which you have taken demands .
you that you viii true delverance make between "A,
people Of this State and the accused and is fasn
ments solemnly require Of you that you dyest VIM,
minds of all sympathy for OF prejudice against the DTS.
oner or any Of the various persons connected with this
startling tragedy. You must close your minds 70 Al
external influences and considerations them
entirely of all bias, or knowledge even far a. yOu
are CAPABLE of the party charged with this crime e,
cept as it appears in the testimony which has beea
given since you were empanneled in this oase
Above all, gentlemen must you not forge. thai, a.
though YOU are sitting upon the life Of oae
who belongs 10 that sex which instinc,iyel,
appeals to yours for protection, and support and
sympathy. and which, from the tenderest ties
and associations of life, is always so promptly
4 IL, IN ahufxo
,teel your hearts to those considerations. Crime
knows no sex and justice in its administration 10
respector of persons, age condition. All stand
alike equal in its temple, and those who are called 90
TO minister at its sacred altar but bring nefsble dis
grace upon its purity and their holy office Il they csa
be sweryed from their duty by improper Influences
Legitimate considerations The Revised Statutes d
this State q H. s., $50, Z, Sec and s. declare The
killing ORA human being without the authority q
claw unless il be manslaughter eIcusabe or just
fable homicide, hereinafter Defined TO be mur'
4" der when perpersted from Q premedtated deeass
TO effect the death of the person killed. or OF any
human being, and IN some other cases whlch an
not material 10 be stated for our present purpose.
That the homicide in this case neither Jastnsbs
nor eAcusabe cannot be for moment maintained. II
there is evidence in this that sufficient deAoera
ton was had to form design TO take lie, and TO put
that design into execution by destroying life, thea
there is sufficient deGberaton to constitute murder
matter whether the design be formed at the instant Of
striking the fatal blow whether II be contemplated
for months. Ii is enough that the intention pNcedes
the act, although that follow instantly. The law has
10 favor TO extend either to the rapid or slow
ton of the design. Malice aforethought or premed-
taed design to kill may be conceived at the monen,
the fatal stroke given as well as long time be-
fore. Malice aforethought, or premedrtated design,
means intention to Kill, and II such means are used
as are likely to produce death, the legal presumption
is that death Was intended. So in the present case
YOU are satisfied that such means were Used by the
person or persons who inflicted these wounds upon the
deceased were likely to produce death, then such
killing is murder and the party who caused that death
is guilty of that crime. Assuming, then, that yoa VII
fluid that the deceased was murdered, the ner AID
momentous inquiry IN this case Is dld the prisoner a.
the bar nict those wounds which caused the death Of
the deceased, or aid in the infection Of them. This
question must be met in this case with calniness ana
finn determination on your part to meet AL is res
possibilities. Public justice demands that the guilty,
If ascertaned, should make that eIpiation 70 The o.
Tended majesty Of the law which Its violation Demands
The peace aud good order Of the community and hs
security and safety of domestic resdes, alike de-
mand that this great oense ii the offender can be as
certaned should meet its punishment. But these re-
Elections, while they powerful incentives ne as
charge VI duty and whole duty, must not ICED
us TO be the Instruments of wrong or confoupd the ~
nocent with the guilty There are two modes Of sseef'
tanning and proving state Of facts: First either ~
positive evidence; or secondly by that whehsm
it. nature ciIcumstantiL. The distinction betwsea
them is this direct or positive evidence when awf'
ness can be called to testify to the precise fact which
is the subject Of issue on the trial-thst Is M Aess
like the present that the party accused dd cause me
death Of the deceased. Whatever may be the kinda
force Of the evidence, this is the fact to be proved
But in this one Was present at the time Oh NC
commission Of the ofense. No one saw the act PEI
formed which caused the death Of the deceased, COO,
scquenty there can be no direct or positive teshnoI
by whom the ofense was committed. II rs whouy
~. Rsf
ence has shown that in such case resort may
be had to circumstantial evidence-that Is, that .
body Of facts may be proved OF 80 conclusive
character, when taken into consideration and ss
whole, TO warrant hFm belief OF the facts, quite
as strong and certan as that upon which pradslt ana
discreet are accustomed to rely ia their relations
and transactions of the most important characters
life. Ii would be fatal TO the administration OF justice
II such proof could not be availed OF IN judicial pro.
ceedings for il il necessary always 10 have pos
tive evidence how many criminal acts committed "a
the community, destructive OF lis peace and subyer
siye Of its order and security, would 20 wholly unpun
ishedl Strong circuInstantal evidence IN cases 81
crimes Of murder committed for the most part N
secret is the most satisfactory of any form from whes
to draw the conclusion of guilt; for men may b. Sc
duced, and often are, to perjury, by many base mo
tves to which the secret nature Of the ofeDse aford
peculiar temptations. But il can scarcely happea
that many circumstance especially II they be such
over which the accused could have no control, form
ing together the ks Of transaction, should az un-
fortunately concur to fix the presumption OF quit on
individual, and yet such conclusion be erroDeoas
And in of circumslantal evidence, when %
witness can testify directly to the fact to be proved,
is arrived at by series Of other facts, which by expe
rience have been found 40 associated with the ia ia
question that in the relation Of cause and eject thsy
lead to a satisfactory and certain conclusion. AZ
when footprints are discovered sters recent snow, 1t
is certain mat some animated being has passed oyer
the snow since fell and from the form and nambero'
tbe f",nrn, II can be determined with equal certain
~ whether they are those ola man bird quadraped
fjr another familiar illustrations We find apple
On ,b oyound we know il is certain, there BE- no
%nr tbf e H. that that apple once grew upon
e.. I. IA not grow upon the ground. You find Il