The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1859-04-10

tufc Of TIE law has about IL an error OF eentuys age
Another feature gentlemen, b be regarded about this
TRIAL Is the appearance OF extra counsel the part Of the
prosecution AM informed that extra counsel have not
been assigned to this by the act Of the government
and u win be for you to say although there may be e
gal propey in the appearance Of extra counsel how far
the exgences OF this case justify the appearance Of extra
counsel upon this occasion.
Another feature Of this to be borne in mind by the
jury this The extraordinary character of the opening
by the learned counsel for the government 1t
able, u eloquent production. 1t reflected credit
upon the mind from which IL emanated for Il mark
ed with high order Of ability but it will be for you TO
say, when you pass that opening in review before your
minds, whether not II warranted by the humanity
that should ever attach itself to his position You will
remember the extraordinary expressions of the prisoner
coming TO this carnival Of blood Of his being walk
ing magazine, of his adding mutation to murder,
OF his standing bravey his victim though with
dagger drawn ready to plunge in his hosom" Gentle
men, TO have heard this opening, you would have
thought that the learned counsel for the government
describing Of the most deliberate homicide
and yet the case he describing the Of
man who while acting in and under the in
huenee Of sense Of right was, at the time doubt
cntireiy berett of his At the time he
alluded 80 this magazine which be described as being
IN the possession OF this defendant did 1t to the
learned counsel for the prosecution TO describe Also the
weapons that in the possession of the seducer for
with his opera glass and his white handkerchief he
capable OF carrying death Just certainly to the domcl OF
hh defendant the weapons with which this defendant
provided capable of carrying death 10 him
Ahe sight OF That opera glass and all these other apph
snees with which this furnished, in the prose
cution Of his unhallowed purposes just certain
death 30 the happiness and hopes of this defendant
though tho pistol Of this aduerer had been presented at
his breast
Another feature gentlemen of this rial--and think
proper TO present these features TO your mind this
stage Of my address, this You will remember that
the learned counsel for the government in questioning
OF the witnesses, asked him to describe what he
AZ the mo OF the occurrence which led b the death Of
the unfortunate deceased You will remember that the
witness 10 whom that question put desired to state
before Nhe court and jury ali that he and heard upon
\ that fatal occasion. -. -. "a .e
The learned counsel for the government rose in his
place and protested against the witness stating what
not responsive TO his question: and gentlemen, made
admission In the hearing of this jury, which it to
at all events, TO be unfortunate far the
OF this prosecution is concerned knowing that some of
the witnesses might testify fact which possibly might
detract from the aggravated hue of the occurrence
sought TO be put upon by the testimony for the prose
cuton. The learned counsel for the government stated
that he put the question: intending that the witness in
has answer should discriminate between what he and
what he heard. You will remember, gentlemen, the
honest judge upon the bench forget that
occurrence no. not to the latest hour minute OF
my existence You will remember that in spirit, not
| of severe but rather of kind rebuke, he said #-
when witness is put upon this stand no matter
how ho Is questioned he is put here to tell oil the truth
and nothing but the truth and ii is the duty of the
court 90 that the witness is protected in stating all
the knowledge which lac may have gained upon the occa
sion In question" rsa H-.a..#.
Now, gentlemen, j ask you ths--why is IL that this
prosecution is thus technically managed3 Is there any
thing behind, which, IL it escaped would satisfy this jury
that this Is unhaowed prosecution do not mean
by this TO impeach the integrity OF the authorities In any
way, but by unhailowed mean rather in the that
10 ought not TO succeed through the nsrumentay of
intelligent jury.
Ia there anything in this prosecution which requires
that hs should be tried in the way il has been that
from this jury all but property holders should be excu
ed that in the opening address of the learned counsel
for the the should be presented in
hncs which the facts do not impart to it that the add
ton Of extra counsel should be made in order to sustain
the prosecution and that the witnesses should be
med In particular way TO exclude from the of
this jury that fact which, when il becomes part of this
must incline the scale in favor of the deendantf 1t
w be for you gentlemen, under all the circumstances,
a. have alluded 10 them, TO decide.
Here the sp aker, after congratulatng the jury upon
the eararter OF the Judge before whom this trial
progressing judge who in his opinion for his Just and
proper appreciation OF the rights of the jury, had only
been cqaaiia by the famous Chancellor Kent, proceeded
20 the citation Of authorities for the definition of murder
he rst read passages from Blackstone and Sergeant
Foster BE asked the question: the aiulterer, he
went forth his GRAND OF wckcdnes in the peace of
God and bis country The crime of granddaughter was
then explained, and the difference between the two
crimessa down. Fosters Cr.wn Law, page, 800,
aao referred 10 20 the latter crime Also TO pages
ass 23E % the same authority as TO the proper deni
ton Of malice and 10 show the state Of mind OF the
who slew the who had contaminated the purity of
his wife. " perfectly immateral how the deceased
90 hts death whether by one two or three shots
The great question for the Jury solve was what
the state Of the mind Of the defendant when he slew the
who had contaminated his wife. In order to
Sttnte that oct malicious they must find IL to be the
sult of wicked and deprave mind Was the act of this
defendant IN vndioang hs family altar the result of
malicious mind Human laws did not shield in de-
Scndng all our rights Our legal system did not reach
the Of certain wrongs which sometimes bcall men
When they do not have light 20 throw ourselves
nsncts the aw of stature, 10 protect u.s. IL Ia
only she law q nature that allows defend him
self against attack The law comedies that social laws
net Yield nc times 10 te~o nstncts which are planted
IN The human breast by nature. To a certain extent
nRtnFgs laws protection and IN those cases the
great cOunci chamber a. the heavens was the power
from whsnge that aw = 10 come.
We inquirea should bot DC safe against the
s1asnFes ~ the hargsF Het be justified in staying
ne bufglar who entered MS house IN this District there
hsd bern prUsided rrtceton against the adntarer
sw ~ afsassencs Fbs sw ny net providing Cor this
sreat ciaa lcis u ~ every prptect himself and
there nostiaT revolutionary IN ~ We might as-
hat wheu liset given W ne las Of Cod even
when ma eKpRA ~ hnaan la@ b. eKeEttse That right
actiag shs pFiacpie u aeit artenca
"a aestageted uFifne Nnrrly 10 enter ono
hoBas adutesef thNn ~ a. ~ a. q burglar ffao
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wiyea = sga THAI sastg ssFplved yoa ths right
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