Weekly American. [volume] (Washington, D.C.) 1858-1858, 1858-01-16

A. b. or Q, the law draws malice from the enormlty
of the act, and stamps the homicide as guilty OF
murder. Take il, therefore, in whatever hght you
choose 10 view il, murder was committed upon the
peaceful citizens at Allstons corner, and the per-
petrators of that murder have not been brought to
justice, nor has any attempt been made TO bring
them Justice Nay here in the witness box, In this
very court during this trial. a witness has testi-
fed to what would convict him Of the fact. One
of the Marines-K earney-brought here for another
purpose, let out the fact that he was one OF the
fling party. He said he heard the word fire !;
where il came from, who II came from, he did not
know, but he heard the word fire, and when
others were shooting at Allsons corner, he leveled
there too He said he did not shoot at any particu
lar persons--he was enveloped in smoke-he was
excited by the firing, aud he popped away into the
crowd. He said he had before that been struck
on the head by stone, and my friend argued that
it corro5orated Birkhead's testimony, but how he
could, do not know, as he was in the rear rank.
Nv friend did not show where it came from, and
think il is out of place in Prosecuting Attorney TO
seize upon fact utterly nconcusive, and seek to
sway the minds of the jury to such conclusion.
Now, whe Their he fred with or without orders, do
not know how it will be held in the City of Wash.
ington know how it has been held in another coun
try where the laws are admirably administered for
believe in no country under the sun, are the rights
of persons and the rights property, more sacredy
respected, more carefully guarded, and held more
secure than in the kingdom of Great Britain. !
wish could say the same for this country. Re-
publican as we are, Democratic as we are, wish
| could say that laws were as equally, as faith
fully, as mpartially administered as they are in the
country from which we derived them. find
pertinent case in the work from which have al
ready quoted-Russell, 6l3--to which will call
your attention. 1t is the case of sentinel on an
English armed ship, who shot man who was ap-
preaching bis ship. 1t is in these words:
eff ships sentinel shoot man because he
persists in approaching the ship when he has been
ordered not to do so, it will be MURDER unless
such an act was necessary fer the ships safety.
And it will be murder, though the sentinel had
orders to prevent the approach of any boats, had
ammunition given to him when he was put upon
guard, and acted under the mistaken impression
that it was his duty. The prisoner was sentinel
on board the Achilie when she was paying off.
The orders to him from the preceding sentinel
were to keep off all boats, unless they had
officers with uniforms in them, or unless the
officers on deck allowed them to approach; and
he received musket, three blank cartridges, and
three balls. The boats pressed, upon which he
called repeatedly to them to keep off; but one of
them persisted, aud came close under the ship;
and he then fred at a man who was in the boat,
and killed him. 1t was put to the jury to find
whether the sentinel did not fire under che mis-
taken impression that it was his duty; and they
found that he did But, case being reserved,
the Judges were unanimous that it was nevertheless
murder They thought it. however, a proper
case for a pardon; and further, they were Of
opinion that if the act had been necessary for the
preservation of the ship, as if the deceased had
been stirring up mutiny, the sentinel would have
be justified"
1t will be observed that the crowd on Seventh
Infy 4 hny
did, from whom did it come? But with or without
warming, they were shot with impunity while in
England a ships sentinel with a loaded gun put
into his hands, with orders to keep off any one
that might approach his ship, after giving the
warning, shot man. and what was the conse-
quence? The sentinel supposed he was acting in
accordance with his duty; but that was not allowed
to pass unnoticed; that poor boatman was not al
lowed to 60 to his grave without enquiry nto that
act. In Great Britain, under the laws that pre-
vail, and under the administration of those laws,
the homicide Of that poor boatman was enqured
into judcially by the proper authority; it was
certained who shot him, under what circumstances;
and the perpetrator was brought to trial A jury,
under the guidance of a learned Judge, s upon
his trial. and the law was expounded 70 that jury
30 as to cause them to find him guilty of murder.
1t was hard case upon poor sentinel The law
made it murder; and as in that country the law is
administered, the law condemned him; but the
mercifu prerogative Of the crown was put in requ-
stion, and he was pardoned. So that, say, if you
sat here to try the man who testified there, and
had nothing but his confession before you, you
would convict him Of the unlawful shooting, aud
doubt if British judge would not have put him
into custody under his bench warrant before he
left the presence Of the court. Be that il may,
Americans were slaughtered, manned, wounded,
and left weltering in their blood, upon the pave
ments Of the streets, and the city authorities, the
criminals, the spectators of the sight, turned from
the bloody scene, and proceeded to and RECALLED
themselves in public Office, aud left those poor
men TO be put into their bloody graves without an
inquiry as TO the cause and manner of their death
and We stand here investigating these ciIcumstan-
ces in case OF misdemeanor
, Ia u that TINS prosecutor nas oeen insuga'eo
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