Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1859-04-12


has been cast upon me by the concurrence
of my learned associates on the part of the
defence, and the only regret can experience
in entering upon the discharge of this duty,
is, that shall be called upon to impose upon
you q heavier task than under other circum-
stances would be reconcilable with proprie-
ty. There are some features of this trial,
gentlemen, which are to be borne in mind BY
YOU at this time. In the first place. a most
extraordinary occurrence transpired in the
empaneling Of the body which is composed
of Yourselves. You have heard the expla-
nation of the learned prosecuting officer of
this county for the course he then pursued.
But you were called upon to witness the
spectacle the court had no alternative but
10 administer the law; the objection was a
matter left entirely with the District Attor-
ney. You were called upon to witness the
moving spectacle of the son of misfortune
thrust from his rights for no other reason
than because he has had the misfortune Ia
be unfortunate. 1t does not speak strongly
in favor of the intelligence of the law, and
you will remember how soothingly his Honor
expressed himself at the time he was forced to
sustain these objections, because he evident
"
the bosom Of these unfortunate men. You
will remember how tenderly his Honor ex-
pressed himself at the time he was called
upon to sustain this objection say that it
speaks not strongly in favor of the law, and,
from what transpired at the time this objec-
ton was discussed before the court, it APP
pears that this feature of the law has about
it an error OF a century's age.
Another feature, gentlemen, to be regard
ed about this trial is the appearance Of extra
counsel on the part of the prosecution. |
am informed that extra counsel have not
been assigned to this case by the act of the
( government: and it will be- for you to say,
/ although there may be a legal propriety in
/ the appearance of extra counsel, how far the
( exigencies of this case Justify the appearance
of extra counsel upon this occasion.
Another feature of this case to be borne
in mind by the jury is this: The extraordi-
nary character Of the opening by the learn
! ed counsel for the government. 1t was an
able. it was an eloquent production. 1t re-
fected credit upon the mind from which it
emanated for it was marked with high
order of ability: but it will be for you Ia say,
when you pass that opening in review be-
fore Your minds, whether or not it was war
ranted by the humanity that should ever at
tach itself to his position. You will remem-
Der the extraordinary expressions, of 1.-The
prisoner coming to this carnival of blood, y
of his being walking magazine of his
adding mutilation To murder" ofhs ''stand-
ing bravely over his victim, as though with
dagger drawn ready to plunge in his bo-
SOM" Gentlemen, to have heard this open
ing YOU would have thought that the learn
ed counsel for the government, was describ-
ing a case of the most deliberate homicide;
and vet the case he was describing was the
ease of man who, while acting in sense
and under the influence of sense OF right, |
was at the time no doubt entirely berett OF
his reason At the time he alluded to this
magazine which he described as being in
the possession of the defendant, did it occur
To the learned counsel for the prosecution to
describe also, the weapons that were in the
possession of the seducer; for, with his opera
glass and his white handkerchief, he was
capable of carrying death just as certainly
10 the domcl of this defendant as the weap- |
ons with which this defendant was provided
were capable of carrying death to him; The
sight of that opera glass and all these other
appliances with which this man was fur |
nished, in the prosecution of his unhallowed
purposes. were Just as certain death to the |
happiness and hopes of this defendant, as
though the pistol of this adulterer had been |
presented at his breast.
Another feature gentlemen, of this trial
and think it proper To present these fea-
lures to your mind at this stage of my ad-
dress-is this: You will remember that the |
Co. tha
tiOning one of the witnesses. asked him TO |
describe what he saw at the time Of the Oc-
currcnce which led to the death of the I'M
fortunate deceased. You will remember
that the witness to whom that question was
nut. desired 10 state before the court and jul
~ all that he saw and heard upon that fatal
occasion.
The learned counsel for the government
rose in his place and protested against the
witness statingwhat was not responsive to his |
question. and. gentlemen. made an admls-
sion in the hearing of this jury, which it
seems TO me, nj all events, to be unfortunate
so far as the success of this prosecution IL
concerned. knowing that some of the witness
ses might testify TO fact which possibly
might detract from the aggravated hue of
the occurrence rs sought to be put upon 1t
by the testimony for the prosecution. The
learned counsel for the government stated
that he put the question, intending that the
witness in his answer should discriminate
between what he saw and what he heard
You will remember, gentlemen, the honest
Judge upon the bench-and can never for
get that occurrence--nO, not even to the latest
hour or minute of my existence!-you will
remember that. in spirit, not OF severe, but
rather of kind rebuke he said:
when a witness is put upon this stand,
no matter how he is questioned, he is put
here to tell all the truth, and nothing but the
truth and it is the duty, Of the court to see
that the witness is protected in stating all
the knowledge which he may have gained
upon the occasion in question"
Now, gentlemen ask you this-why is
it that this prosecution is thus technically
managed? l. there anything behind, which
ifit escaped, would satisfy this jury that this
is AN unhalowcd prosecution? | do not
mean by this to impcach the integrity of the
authorities in any way, but by unhallowed,
mean rather III the sense that it ought not
Ia succeed through the instrumentality of an
intelligent jury.
Is there anything in this prosecution which
requires that this case should be tried in the
way it has been; that from this jury all but
prnperty-hoders should be excluded; that IN