New-York daily tribune., 1858-07-08


fep,e-men Of DO nelIt ctual insight and
testified that the corpse of jenkins bad cog on its
f6ce, was dxet on with much ingenuity to invaii'
date the testimony, ss showed settled purpose on
their part TO NAH Out fcrtbe pris ynerto over
look every fact that might tend 70 e1cupste tue de-
ceased, and pervert every fact that might preJadiee
the deceased. ,
council preceded to consider the Judgment Of the
law in a previous case Of the kind. He quoted
from WbsTtoDs Criminal Lsw, p. 49, and Gieenlesi
on Evidence, vCl. nj, p. 800 par III, to show tn.'
the plea Ci prOvOc alton would not answer 10 the ce
as the least homicide under provocstiou amounts 70
is mansaughter. Even in case by trespass upon a
mans sronghod-his house-before he can make q
mUrderou assaul gentle means must De hrst used AND
fell. Malice is IMPLIED when noniclde ID commlned
NJ HI otheIwise (proven. Il is st least considered
murder lGfeenlesf vol. ill., p. 1881. Malice IN thus
case is amply proven by the previous quarrel-
ling Of the parties, evidence which toe law al
lows end more 30 by the threats proven 10 be used.
(Greenleaf, vol 3, page 1851 Gross rechlessnese OF
bum an life is sso considered proof OF mslice siore
thought. (U. ). Dig, Supp, vol. ., p III CouId
anything show more reckless disregard OF human
life than this killing Of man TO prevent him getting
buck ct Of water.
TIE preceding argument bad shown that previous
threats proved malice in the eye Of the law, and the
abandonment Of the intention e7denced oy them must
be proved copcusvely before the law WI excnlpste
the slay er from malicious intention. fWhartons Cfm.
Law page 1887 1t matters not that pIoyoc 4hon IN
tervened between the period OF threatening and ths
Of Staying, if the abandonment OF the purpose ndi-
Gated by the threats not conclufively s1oVn; so
If Lane Gid intend TO kill jenkins FOR getting water
from the well, a. sbown by previous threats, tosn
malice was proven and the Law would soJaoge hh
guilty OF murder, even II provocat.on ntervenea.
If the conflict was preme ditated by the defendent,
the plea Of sef deente could not be set up AID that
il was premeditated does not the evidence show de
borrowed gun, ard obtained powder and hotehougn
10 commit the deed used threats, told Jenkos not 10
come in and then deliberately armed himself These
circun show that self defense did not justify
the killing The necessity Of self defense ceases 70
exist when the defendant is enabled TO reach pace
Of safety and himself and comes back 70 Isfe~
the conflict. (Wharton's Grim. Law, pages 4oI-5J
The Yght Of selfd.feI s natural one, EXISTING 10
the constitution of himself, and srisog from the
feeling which leads person to protect hln4seh from
sssauit In this case there is nothing TO snow that
necessity ef defense which would have existed II Jen-
kips's party had come to Lanes house. All the evi
depce goes to shoR that such was no. the case Inc
fact Of Lanes being enabled TO escape TO place oi
safety and then returning with deadly weapon, is
postive proof OF the premedtated intent to ku Jen
kins oxistng in d, fendants mnd II is principle TO
be found al the books that the party who escapes
arms himself AID returns TO the scene OF conflict and
then slsys his opponent, is guilty OF murder.
In regard to the right of defending property from
trespass it wac not proable that any attempt would
be made to Justify killing in such defense. Ine la
and the fact both showed that man wac not jusi A.
bic in euch case and that if ne did it, 1t wss murder
~. s. Digest, v,l. 2, p. 493; Gray sgt Holmes Mar
sbslls Reports, 7th vol, P. 49o Wh,rton" Cfm
~ D.
killing another TO preven, such act; and when he
does sdiudges him guilty Of murder.
The whole circuu staI ces OF the case are such as
ought to have weight with the Court Lane killed
jenkins when not in personal danger, with gun con-
tanning load, perhaps not excessive but certainly
a deadly load The threats, his coming out again,
armed and waiting until the party we're within snort
distance before fling, are sufficient evidence 70
Prove malice and deadly intent setting aside the tech
pical legal points as to the light VI 1esnse against
trespsss.
Mr.. Stanton concluded his speech in these words:
rsa,s,ted IN ali new communties a. This desperate
reeklessness Of human lie. OF whcn tho Ia" oooAs
speak, when they chsraoterlze II as evidence OF
malice; and il becomes ali growing 90 nmuuities u
establ.h high standard Of civilZ ston and to check
| this recklessness of bu nan he.
1t is the most crying evil to which new communities
are subiected until there shall be stern ana un
serabe determination the part OF the ministers OF
the law against high well as low to do justice to It,
there be NO peace and no security In TINS c0mmu
nifty or any other But whatever You may DO, ana
whatever that higher tribunal before which he will be
tried may do, or whatever the influence he e1efts IN
this community may be, or however 1t may speak OF
his offeDse, justice will not fail Of her purpose There
IL a tribunal hch fails That tribunal s 10 the
conscience Of us all. 1t is the purpose Of the Most
High thst however justice msy fail on earth, 1t shall
never fail there and il will not fail in this case nor IN
any other If the defendant be innocent and his mo-
tives nferenay interpreted by his acts and the sur
rounding circua star they seemed to be- has
been misststed you, sttp as an impartial trbuaa In
this case, will say it, The Jury before whom he will
have to undergo trial will cay it. Far ess danger is
there that an Innocent man may be found guilty, than
that guilty ore may escape.
Mr.. Stanton spoke for two hours and half-the
forenoon session.
The afternoon was similarly occupied by Mr.. Ewing
on the part OF tho deferse.
ARRIVAL OF OLD BRowN.-Our "warrior OF the
Lord and of Gideon"-the renowned Ola BTowo-- has
lust arrived in Lswrepcs He leaves tomorrow morn
ing to visit Capt. Montgomery. 1t lie possible IL infer
60 from his cODversstiop) that he may also make
friendly call Ttus, Hamilton, and Brookett on sun
dsy evening.