The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1858-01-30
An C!cqucllt SPEEDY.
INTRODUCTION TO TIE
speech of David Paul Brown. Esq,
III the Case Of Thomas WQ$hnstoa SnuM,
just tried IN Phjladayhiu.

Wru DEFHRrYcr TO YOUR lIoN0Rs -
GENTLEMEN OF THE JvRY AFTER a painful.
deeply interesting and unusually prDtrdctcd
course of Investigation, You and are about
to depart. Your time has been well employed.
and that patience and attention which YOU
have exhibited from the commencement OF
this cause have been well bestowed. Time
and Toll properly considered, are of little
value when they are compared with the i'm
portance of Eternity. Time is nothing; jus
tcc is all.
Justice is much talked Of, but not always
well understood. Her temperament has been
rescmblrl to that of the lamb rather than
that of the lion, to the dove rather than the
vulturc. In her humane administration
say nothing Of her celestial properties, she is
digniticd, calm, mild, moderate, and even
mcrciiul. She bears a sword, it is true
which indicates that offenders against her
holy cdcts must be punished. But even
when she indicts the blow, She docs it re
luctanty, and for sautary and not yinil;ctve
purposes. She mnglas her signs with those
of her victim, and returns him grodn for
groan. While bearing the sword inuuc hand
she holds the scales in the other, wherein t.
weigh the actions, the vices, the virtues, and
motives Of men; and when those scales are
e1uiponlerlnt she drops a tear INTO that OF
the accused, and the Commonwealth kicks
the beam.
Some thirty five years ago, perhaps before
your 1Ionors were born. had the distinction
being then very young man, to discuss an
important case Of Homicide Gndrcd every
case Of homicide is important, whether it in
wolves the fate Of the low or the lofty) in this
very Court. At that time observed an en-
blematical figure or ctgy Of Justice, placed
Immediately over the Judgment Seat. In the
left hand she bore uneven scales, and in the
right an equivocal sort Of implement, which
appeared to resemble trnwel or Il butchers
clcovcr; instead Of wearin" ner white and i'm
maculate robes, it struck me as most re-
markable, particularly in a Court Of Criminal
jurisprudence, that she should be covered
from head to foot with GILT. That figure,
find, still remains, but in looking at her now,
perceive the scales are gone, and that til"
clrayer has also been removed. And if
We're suspicious, bearing in mind the san
culinary doctrines of the Commonwealth,
might readily suppose that il had been trans
Aposed, together with the notes Of Mr.. Buckley,
10 the tender merces of the Prosecuting
counsel.
In case like this, allow me TO observe,
+ ~ la. Ia, ,l,,,
gerty against a defendant engaged in a
Rlggle for his life as has marked the course
4 ale Prosecution. Nevertheless, we guard
Citadel Of human life, and we will main
X II our posts until the last, even though our
own lives should be the forfeit Permit me
further to say, that If / had changed places
with the officers Of the State, would at once,
with my views of this cause, after hearing the
testimony, as should answer to the Judge
Of Judges, have promptly abandoned the
Prosecution, and that too, if urged on by
twenty Commonwealth no commonwealth
should stand between my conscience and my
self; no commonwealth can stand between my
conscience and my God.
In the course of this trial too, the State, not
depending alone upon her own strength, or
that of her official functonarics, has been
surrounded by trio Of herculcan representa-
tivcs from Ta,naqua, so that at one time | was
almost appalled, at the anticipation, knowing
my friends fondness for the antiquities Of the
law, that he was about to revive the ancient
and obsolete mode Of trial, called the Wager
Of Battle; in such physical rencoumter the
defendant would have had as much to fear as
he now has to hope in his legal and moral
defence.
The public prosecutors, | repeat it, while
they have conducted this case with great
ability, and am compelled to add, with I'M
cxampled zeal, they have, it is true, professed
some sympathy for the defendant and spoken
of their own impartiaity. Professions arc
nothing to me; | look to the actions Of men !;
and shall never envy the feelings Of that