Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1859-10-22

JUDeB TEanY, the slayerof Senator Broderick.
is now in the hands OF. the administrators OF.
Justice, in California, and the question,may now
well be asked, How shall he be dealt with a.
5 a man, high Stationed in official rank, aud
whose death is great public loss, has persisted
by his hand and forsthis alleged crimc he is to
be placed on trial. The charge is made and that
charge is one Of the gravestt that can be brought
against any man. The penalty, consequent
upon conviction in such charge, is, also, the
severest and most terrible known to any Law; it,
is smoothing less than.the doom SO unjustly visi-.
ted on the slain Broderick. The evidence is
now all before us,-as fully perhaps as it can
@be before any tribunal that may hereafterpass
upon his guilt What then shall the verdict be2
-guizty, or not gui1tya
Thefact ofthe killing which, in law, is cal.
led the body of the offence, proved beyond
asdoubt. Nojury could fora moment, hesitate
ito pronounce this part Of the case fully, clearly
made out It would remain. then to enquire
(and this would be the only remaining inquiry
as to the intent with which tho killing was com
NOTED. Was it done With malice afore
thought?" We use the words quoted accord
ing to their lega! Specification, because wc:are
seriously seeking an an answert to the question
above asked.
Malice may be proved in several different
ways 1t may be inferred from the fact of the
party's deliberately making use Of lethal
weapon. Could anything be more clearly
proved than the savage. deliberation. with which
Judge Terry stationed himself at the line, and,
after seeing his pistol loaded with deadly
charge, fred that charge into the breast Of Brod-
erick? The heart sickcns atsuch cold-blooded,
murderous elaboration. But, in the absence
ofanytning the shadow,-of an excuse
for the homicide deliberately committed, what
necessity is there for further attempting to show
that Brodcrick was murdered, and that Terry is
amlrderer? Tho Common Law has pronoun.
ccd.kiing in duel, murder, and the statutes
ofsome of the States have expressly pronounced
itssuch.
The verdict then is an unmistakable one;-it
mustbe guilty" Sometimes, where the crime
of murder, in all its technical characteristics,
has been fully made out, and verdict, and sen.
tence accordingly followed, there is a moral
feeling, prevalent in the hearts of all of us,
which calls for and sanctions the interposition
of executive pardon. Sometimes too this feel
ing gets into the jury-box and is so strong as
to give IN acquittal, where the harsh letter Of
the law would prove stamped, aconviction.z-
But we cannot see what there is 10 prompt this
feeling to interfere either for the prevention OF
just conviction, or for the granting of an unjust
pardon. Stern, unmingled- justice should be
visited upon the photographed criminal
The well-admistercd exemplary punishment Of
Judge Terry will answer3th the high ends of vim
dicatorylaw., The honor Of li(ornia (to. plead
no other argument) demands tliat5the judicial
bench which has been disSraced and Justice
which has been SO openly and flagrantly outra-g
ged shall be .cloaased from the ignominy that
hang upon them.
Let itnot be thought because We ask Justice
upon Terry that We think Broderick to have
been innocent Hest too was guilty, but he has
already suffered, and sorely too-all that the
law could have inflicted upon him.
THE Rev. Mr.. Milhurn, the blind preacher, re-
Gently delivered n lecture in Philadelphia de,
scriptive of his=yisit to England, which par.
tally reported by the Press. He entered the
immense building where Sturgeon preached
three.Quarters of an hour before tho hour of
commencing, and had then found great Difficult.
tyin procuring seat. The congregation in
opening, he.said, sang Before Jehoyab's awful
throne" &c., and the speaker said the singing
of this solemn hymn to the good old tune Of
"old Hundred" by a congregation of several
thousand persons, was one Of the noblest spec.
menssof ngEesatioual singing he had ever. liss
tenedsto. His stylesof prayer the speaker did
not5like; ii. was, to him. exceedingly irreverent,
and absolutely shocking. As a preacher he
was said to be bold, manly, plain, and evidently
honest He WAS thorough Calvanist--in
which he i6fsre1 from the views of the speaks
er He doubted if Calvin had ever more
honest. follower. than Sturgeon, and though he
could not agree with him, he admired his bold:
ness in preaching what he believed. The
speaker next gave synopsis Of the sermon.
which, according to his rendition of ii, was as
follows:-"I stand here to say to you ten
thousand souls, that unless you repent of your
sins and belieyein the Lord jesus Christ (and
don't know whether you can OF not; my bust
nessis TO Land SC you can so believe to do