Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1859-10-07

have word in regard IN the Jnrv /.
inc Iudges ~ tho w. as vel "a thn fact.
That ~ the theory in sorna States -,
governments. while IL ia denied in o,t"
and IN mo IL ia most uns,und and al:
theory. hut for the rurnNsos # this -,
we charge You that such is the law of ~.
Stata.
But Won rroh1hlv will not think that -.
understand the law Of this case, as well =,
the Court
And Won wonld hn nn1p'v and fuTy met
fed in RELYING up1n the Court for the t--
that should govern this casn. and boll;..
them accountable for that. thnrgh thu h.,
No wish n c0urt rasn0nsihIlitv IF H.
make a mistrke aoainst the arcus1d II -,
he corrected BY higher tribunal on ex,s-
flows.
Tfvou make n missrke against the accus.l
II c-,nnot Ia c0rre ,tad
You will tLa,. rontlamnn take tho ,,,,
Won have nothing n 10 with consoora,...
You ara NJ. sw I'm to Inot 70 c0ns-ooo,,,.
Your oath is ''a trun and impartial v,r1;,.
give ACCORDING II the law AMI tostln,,-
civnn Won in Cnnrt."
In this c7s, ne in I'll others. persons -S,t
or convicted If r11r4er or m1n~l lug1-a- A..
of other crimes. are suhiNrts "f fre-t.,
cZer,,enev nv rerriove or r1rd0n. m mn.
annlv to the T.Apislature for a rommu-,-;.
If anv sentence: tho Court NAV h. ,,-
relIpd hv the existing law 10 pronounce u---
conviction.
You can acdrit onn or more If the ra=7,-l
ents. or all if the testimony warrants ".
Under an Indictment f1r muriar. e
| that CHARGE il not sustained. hut tha 1as,,.
/ ono -. Won can convict If ma7sllughta-
IF Med 1nnalI il convicted of n1priar. n.
| other prisoners. IF guilty Of aiding. err,-..
| aoinr and abatting him in commission 70
/ that crime. are ouiItv ofthp same.
IfMrDonnelI is convicted of n77s',1,.
ter. the other prisoners. IF found aidin- On.
| couraging and abetting him. are guilty. %
| the same off nc.
stake the case and DO vnur whole Dr.
and No more than vpur whole dutv t.
accused, gentlemen. are in your hands
The crowd retired and the court adj11r-si
soon after the close Of the charge Iva
hours after. at sven P. NJ, they assemble
again to hear the verdict.
THE VERDICT.
The Judge and Jury having taken thai,
places the Clerk having called the roll the
verdict was announced by Mr. Bates. foreman
of the jury.
1t was verdict Of GUILTY aglin,.
Peter Mcdonnell and of NOT GUILTY, as
to JOIN Balm, and John Kelly. At the re.
quest of the Counsel for the defense. ths
jury was polled as to Mcdonnell, and each
of the jurors responded " guilty" at the call
of his name
The immediate discharge Of respondents
Balm and Kelly was then ordered by ths
Judge, and they left the dlcS, first sto'Pi1z
to shake hands with their unhappy comrlis
He, who had probably until then never re4l
lied the danger that he was in, now czht
tied much emotion, while the counteninca
of many of the spectators showed the PITY
which all must have felt for one 50 y1ln,
and so IMMERSED in crime, thus rendered .l-
bic to the highest penalty Of the law. W..
lie IN from the Tunes that on reaching tis,
room, the Jury resolved to take A00 bulbs
on the case of Mcdonnell, before discussi %
These ballots both resulted in the vote Of RI,
for murder, and three for 'mInslIugl- sr
The subject was then discussed by the J--
Their third blllot resulted in an unanin-l
vote Of GUILTY
They were unanimous, from the begin1il.
in acquitting BUN and Kelly.
Mcdonnell was returned to the jail, Tis-s
he spent sleeplcss hight of weeping mi dis
tress, his grief being, is he states, nlts
much for himself, as for his parents. AM s-
pecially his mother, who has been utterly
Frustrated by anxiety and s1rrOw, and WIZ
he fears the result will kill.
We understand that executions will be 70
ken by counsel for the Defense to some ot Oh.
rulings Of the Court which may render Is
esSary a new trial.