Santa Fe weekly gazette. [volume] (Santa Fe, N.M.) 185?-1859, 1857-07-04

this occasion, but will always be ready ooivs
you advice in reference thereto. when circnms.
tances render the performance Of such duty
necessary. i
Two OF the cases to which your attention
will be called, are Of homicide, and NAV h.
volvc murder in the first degree. The puu-
lsnment Of murder in the first degree is DEATH
lp order to the establishment Of that degree
Of crime, it must appear that the killing was
doue with malice aforethought. Malice NAV
oe either express or implied. Express malice
Is the positive proof Of maleyolent intent mr..
on the part Of him who takes away the life
OF a human being: implied malice is maleyo.
lence inferred from the act Of homicide when
tnere are no facts or circumstances on behalf
Oh the defendant to show the absence of ma
! llce' &c The legal presumption is that he who
Kllls another, commits the act with malice
aiorethought, and is, therefore, guilty of mur.
der in the first degree; and that prcsumption
stands against the defendant until it is rebut.
ted by evidence that the act was committed
uhuer sucn circumstances as to reduce the oi.
fence to lower degree of murder, or to ma.
nliest that it was just6able or excusabe no.
mlcide. Until such rebutting testimony is
introduced. or ELECTED, it is not incumbent
on the prosecution to prove malice. This
principle must be your guide, in deciding
whether such cases of homicide as NAV be
presented to your consideration should be in.
dlcted d, as murder in the first degree, or be o.
therwise disposed Of
In one Of the cases which will be brourbt
TO your notice, the killing of the deceased oc-
CURED In lonely, wild and sequestered Dor.
tlon OF our country. In that case the do
ceased was stranger to this entire comnuni-
y but, although stranger, the destruction
OF MS lie was no less an offence against tho
law, than would have been the death, under
similar circumstances ofone of the most res
pected and beloved of your felowcitzens In
tae protection Of the right to the enjoyment
Oh lie, our laws recognize no distinction of
persons, and the action of the Grand jury
must DC responsive to the just and impartial
demands Of the law One of the first and
most sacred guarantees ofa Just and free 90.
vernment is, that the stranger soiouruipe
within the pale Of that government; shall be
protected in the enjoyment Of lite, liberty,
and the pursuit Of happiness Such is peeu.
larly the pride and glory Of government und-
er which we live, and its laws will ayenge the
death OF the stranger as soon as it will be tho
death CT him who has been born aud reared
upon our soil.
The other case of homicide, to which your
attention will be invited, is one of most i'm.
porta mt character, and should excite the soil.
ctude OF every member of society who duly
regards thepublc peace and adequately est-
mates the value Of, human life. In this case
human being was suddenly hurried from
time into eternity, by an act of violence at
the hands of fellow man. This deed was
committed at MONDAY, in the public plaza, n
whIlc the people were moving about IN the
pursuit Of their daily avocations, and in such
|, manner as to have imperilled the lives Of o.
Ihers besides him to whom the mortal wound
Wos given. Whether that act WIS hom a
pr emedItatcd design to cause the I.atA oi the
deceased, or proceeded from purpose to N
me death Of some other person Ehan tho VIC
'lln, Or was perpetrated wthouc design Of
'ausng death, but in manner Ahlch ildic..-
~ depraved mind and diSegorl Of human
lie in any one Of these aspects the deed Is
'ne which demands severe condemnation and
'ondigne punishment; and If you shall have
evidence before you to satisfy yolr minds, to
reasonable probability, as to who committed
hc deed, it will be your dnty to iudict tho
'erpetrator for murder in some degree. The
Prosecuting attorney will advise you as to
our duty nnder the law, when the evidence {
hall have disclosed to you the facts aud cir.
umstances Of tde melancholy transaction
his case is one Of deep and serious impor.
ancc, and SHOULD not be passed by, gentle
len OF the Grand Jury, in light aud care
'ss manner. You are not, in your delibera-
ions, to look at the character which the vic.
In bore in life; you are not to consider
'hether he was high or low, rich Or poor, res
ected Or despised but you are 10 inquire
ihether human being has been killed. and
50, whether his life was destroyed by unjust
nd unlawful means. Finding that the de-
cased had been killed, and that bis life has
cen taken from him by the hand Of lawless
iolence, it will become your duty to seek for
ne perpetrator Of the crime, ana, without 70.
ard to his condition in life, SEND him to this
ar, to be arraigned and tF.ed for the asCer-
linment Of his guilt Or innocence.
Do less than this, gentleman Of the Grand
ury, and you will fail in the performance of
our duty--a duty which you owe to your
'untry and yourselves duty which Is en-
lined upon you by the solemn obligation Of
4 oath, and by other considerations Of o no
90 an oro1 ohn,aat.. a Al