The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-10

HB TIRuUL UURuQR
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- A~sss W - q - h1h0 OiDs nswD "
sh~-AA Il .&ns ~ ~ 70 sns ssns. harvey
- 0As nVss q - ~ - hn.ayy ~ ycu
- Asava wsA esnnDs.dnSA pns.ss - sssastoa Ne
sunA,ss = ssyp~s - = rsfsAaso a this AecuaSn;
- ysu hsvs nss,ss v ~ ssa.sss ~ ssrueny a
onwpsl - sscgscH ss0es, esAgsa - tAs sauss
90 - Testimony thus SSAessd. NV remains s0
oSs,rs 70 ssaas 20 Ne phapses Of NV applicable
90 sses, s.s ress~ ~ sssh I'D - nay ~ n ~
- psvw, no eAss1yng srd arranging ths testi-
01 ~ indicating - rsper conssdersoOns
qosaes 70 W. various parts y year Consideration
= cas DO hardly sscsassyy for ne Ocors
= remind ysu, ecrtsemen, 81 tho ssasusn And
S9ana rrpnssesss,se pessng spnn yoa Ne cath
vsb yen have taken demands Il yoo that yoo VIII woc
a1Avsya.Se nshe bcwoen people q Ibis ass md No
s4eA, Ass NJ fulnmenas soAcnsay require a ycU that
- &vos, youy rnds 81 al sympathy sU q yrsjcdSce
0sasa The prisoner q any q Ne various persons oeo
usssa with lbs Startling tragedy. Yen nsst e'ese yosr
nhA 70 al external Influences Or csns'dmsrns-<tvesi
- entirely ID al has, knowledge, even 80 far yen
capable Of ths party charged wih this crsDe Above
- gentlemen, yoO forget lhat ahbsugh ycu
sg spop Ne % who beaoags 70 tha, sen winch
ssanstivey appeals 70 yours Dor protection and sup
- and sympathy, and which form Ma tender
"A hes and associations Of ME, s always promptly
nd vtAngty sessercd, you 70 shut your eyes
. sseel your hearts 70 those considerations
oAse Knows ssx, End Justice IN i:s administration
80 rsspeosw Of person, age coDdson An stand ahke
In no allei0 70
= sscyed altar but bring ipefsble Disgrace upon its
~ And their holy Oft g II they can be swerved from
- duty ~ improper Influences lfgitmate conEdera
0D. The Revised Statutes OF this STATE q r. 8 6eS, Z,
- and b declare the killing OF human beng without
Aae usAabe bosn,cde thercinaf deaned) 10 be
ssy, when perrcuated from premed,.ated design to
0a1, and other whsch not material
ees6ed for our present purpoeo That the homicide IN
- neither 1sosable excusable cannos be
- moment maintained. II there evidence in this
- nsi SUFFICIENT dehberston hsS form a design
OSAe HE, aud 70 put thai design into execution by dos
01bg nSe then there sutoens dekberation 70 const-
- murder, matter whether the design be formed At
sas t ,s Is ss osyw Or weener oe con-
oses tos sci although that follow instantly The hs has
evor TO extend either to the rapid slow execution of
- desigu- 4Ahoe atcretbongh premedsated design
= III, nay be conceived the fatal stroke
yB gwen rs well as al any hne before. Ma
- NM and sDls nes Sssn are A' SssS
are likely 20 produce death the legal
Exemption IA that death was intended. So 10 the pre-
ease, you are satisfied that such used
oe person or persons who inflicted these wounds upon
= s~eased, AZ were likely TO produce death then such
Nc murder, and the party who caused thai death Is
10y ID that crime. Assuming, then that you viii find
- tbc deceased murdered, the next and
Aqaxy this case is did TIE prisoner nj the bar nfct
1e wounds which caueed the death Of the deceased,
- ihe infection Of them. THIS question be
~ part 20 meet all s responsibilities Pubic jusuce
3ands that The guilty, ascertanei, should make that
pSoon 70 the offended majesty OF the laws which their
vesAspm demands. The psace and good order OF the
emunsiy and the security and safety Of domestic
ASdes alike demand ta: this great offence II the osn-
m ascerained should meet rs punishment Blu.
0Ree reflections while they werfn
orse OF our duty and or Whole duty, must not lead
be The instruments a corfoupd the innocent
- The guilty.. rnero are two modee OF ascertain ing and
vsvDg state Of facts: Frst, either by positive evdenoe:
Wsesoodly that which Is 10 is nature ccuRstanta. The
Asas0n between them this: direct positive evidence
when witness be called TO testify 10 the precise
ysAsh the subec, Of ssue on the tT.alshai In
ne Ne present. that the party accused d the death
Ne deceased. Whatever may be the kind force OF
u evidence this The fac, 70 be proved BIT IN this
c.e no oDe Was prevent al The time Of tie COMMISSION Of
- offence. No tsv Tie oct performed which caused
$500 az novs ,.smoby ST vhon me oro. :, Y nv
ss0misei. Il Is wholly unsusceptbie Of stric, legal
Ysaf But experience hss shown that in such q case
roxt may be had 70 c!rcurgststsl ev,dence-thsi ",
shasscser, when taken into connection and
Hse, quite az strong and certain as ulsi
up0 which prudent and dscyeo. men
snsoed 10 resy IN rels,on 70 their most i'm ,ortsnt
os,s voaid De fatal % The sdralnis,rionS ustce
DD4 proof could not be awaited OF In judicial pro
oooonFs, always 20 have pus3tve
evstsboe how many criminal coramued in the
nny, destructive Of is peace and subversive Of s
eev and security would 20 wholly SnpunsSedf Strong
skSumssaDal evidence in oases or crimes Of murder,
sn,sed for the psr IN scores; rs the mos, salts
nss~y Of any from whence 70 draw the CONCLUSION Of
SuD-fJr Re peduced and often 20 perjury,
81 many base motives 70 which the nature Of the
uAsose s1prds peculiar temptation. but
ssseey hsppcn usi many c.rcdmstsncss, especially
q bsy be such oTes which the sccused could
fsvs control, forming together The Ink az rnsac
~ should all unfortunately occur to AZ the presurnpuou
a an vets A BE- q
p~Deooe. And N case Of cronusanus evidence, when
- witness can testify directly 70 the fsc 70 be proved
sFfyed by series OF ether facts which by experience
lave been found Associated with the fac, In question
Va IN relation q cause aud erecs ney lead 70
Pns are discovered aner recent SNOW, Ger
N hat animated being has passed over
= Me- feo,pin,, i car Be detsruined With couI
evsAinsy whether they are those Of = man, bird
On sbe ground; We know II certain, there can be
Asubi ID T. ths, ha apple onos grew upor ree4hsl IL
res, OF 90 tie grass TIE ooaclusson inevitably y ta,
~; apple came from scDe tree and tnAi grew there
- ai1d . Of svasn,s The rssss q s.persnce soa
Nween The true and proved sc and Tier scugni 70 be
Esyed The sdvaniss,s q his s.nd Of evidences arc,
-<nssAni souroes, cnan Of carcumnAnoes u ~ likely
70 - prepared asd arranged and fAtehoOd aud
p@ury more nhey 70 be desecscd aud fAl Of their
Swpcs rbs dssdvAnASs are that ,ury hsye no. ony
- wSgh The evidence Of scs but Asy you have deemed
-e.s1aoos from .soss, N doing which, gentlemen, tn s
p@s, yop may he LED BY pre.1d.oe on partially, or
on any vsn of due tetbersto1 eo5rc q jcdg oerf,
- maks hssiy and fAse Deductions rhs source OF
snAss exs II pyskye ard treo, evfdeDoe 7hon yco
s,vs og 70 tsdse q .se ezedeiry Of he ss
1o~e and TIA, being esAoLshsd, follows thai TIE
6se tes.lhsd W 70 be .Akec n tue. But gen.
A.n, u cute sfEsrsni "a. Nfsey ycr have
end caution o<sfa 70 be used In drawing the inter
ssss from psse fAcs These ia'ereposs rocx be fA.r
De natural, forced ARTIFICIAL he common law ap
pbh " NE PAN dSciaaee Of oummou s,pcrADce and
0Ni judgment, and The ASereaoe W be drawn from The
6ns Dvs be reasonable and na.1rl one, and, 70 mo-
- cgA,ay. certain oos. n Ell not DO Thai Is pro
haAA snfy; hnuH BE- vssscnAosy and morally sssta.n.
.~asr oeusSderAton " Saai cson fS1 which neocSayy
- Ne seirsson nu6 be disIDesly end independently
Fvehhr co0pser evtdooce; becanse nAy, and cAen