The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-04-08

vover II before the time OF tho meeting any snch ide.
parsed through the mind Of the prso1er a. the BAR
feems indicated by the number and variety Of nreArms
aud the temporary amor In which he at,ired, 70
wit, q convenient overcoat an inconvenisptiy warm
oay-ffom which il would seem he did not reason care
essy. Against this moving battery, which could place
sea in any position, like piece Of flying artillery 90
field Of battle, the deceased had nothing 70 interpose,
and nterposed potning, physical strength which,
when governed by presence Of mn1 feeble A. best
toor and feeble opera hich thrown with
we'll directed aim, was comparatively harmless; and ian
Of all pheous excsuntions which, however they might
have other this least fell on ears Of
The evidence In this gentlemen Of the jury,
show you from the first thus iy TO ~ cose,
through every successive Of horror not only that
deceased med but that the prisoner AZ the bar
ksew such the fact when they met that he kuew
when the frat shot fred ut the corner that he mus
fureiy have known when subsequently the excamatons
OF deceased dying the and that possibly more
certainly stll he must have known IL when he stood
bravey his victm revolver hand seeking " scat
Ger the brains OF at whom he had dred three times
s and mortaily wounded, and when his eyes were
Isay not this for the purpose of Influencing your minds
against the prisoner at the bar. but illustration
the principle law, that homicide with deadly
weapon perpetraed by party who has all the advan
sgs he ste ano with all the circumstances of delOe
cruelty ana vlndiciiveness, is murder, matter
what the aDecedent pr0vocation in the Mr. Ond
then cited from WbaroDs Criminal Law adding that the
evocuce In THIS Will show to you that matter how
reveDpeiul may have been the At the bar toward
the deceased at the time Of their meetug yet sufficient
time elapsed between that moment and the pc
may have influenced him, 10 have suosded.
Not only was there sufficient tme but all tho circum
stances OF the case conspred to such result know not
eeDueman how SO bloody purpose could be maintained
curing such length Of time and under such appalling
circu instances unless II sustained remorseess
veDge Al Eve shots fired attempted
10 red The interval OF time, greater less bet
those shots, was filled up BY earnest and frantic en-
treaties, such as man would make for his ife-such
perhaps as desire for opportunity for self vndca
top and, perhaps the recollection Of the little left
clustering around his heartnstone The 6rst shot
which probably took effect on tho person Of the de-
wounded him the groin From that time, at least
until be fell the pavement, he was In
supplcapg retreat yet the prisoner at the bar did not
desist from his bloody intent when he stood
the pIotIate and form Of the deceased Nay more
the evidence will show that at that time he attempt
ing add muaton TO murder when he arrested by
the parties whose feet subsequently his victim from
the spot which he fell Murder gentlemen of the y,
has been defined and the definition accepted and allowed
all the civilized world as the unlawful killing OF
human being, with malice afOrethought The distinction
between the two gentlemen, although frequently made
the subject OF controversy, is toeraby well uDder.
fiood. i beg leave to refresh your minds by stating
the general principles, as recognized In common Law,
ana ~hCn govern s Us Inc oi
from Wharton addiDg-The rules, gentlemen, by which
the crime of murder tested are not Of TO yester
days growth They have come down to consecrated
by time and the approval Of just, and good
While changes in other respects have been made in the
law which governs and controls the relations Of man TO
man, while the hand OF reform and innovation has been
busy IN tearing and remodeing other portions Of
the structure Of human JUSTICE the great grand and old
CAence instead Of being impaired have been
by time. Sprpgng ike arch over the vast chlsm Of
the remote past and the present, they have become
stronger by the pressure Of centuries. The msxms OF
the common law relating TO the crime OF murder
based on common sense and common justice. However
technical that law be in other respects here
it DEALS alone with fact All s features essentially
humane The features Of these great old masterseven
rough ancestors-as portrayed TO in the light Of
their own maxms, reflected to as living actual
like unto ourselves. These principles owe their
TIRE strength, and may say also their veracity, to
humanity, but that rs Godfearng and TO men
loving and while thus they allow sufficient
OF the weakness Of common nature, they
form, as it were, at the same time, the very
pedestal which the sublime figure Of public JUS
ce Whenever these principles are perverted whenever
hey are warped for the purpose OF shielding criminal
whether he be humble POWERFUL the blow 10 struck At
both humanity and justice. Society, gentlemen, has It's
human cries well as the solitary prisoner, and they
up in the swell Of uncouuted voices they
less strong The jury that sends its deliverance 70 the
offender whose washed off by the evidence
the tai itself morally dereic TO the hgn Obligations
which humanity imposes. These principles relating u
the law Of murder have been provided BY experience
eminently and just that In civilized code that
heard OF has there been any departure from them
Innovation, It's widest moments, has never ye.
usocaiion or even paaton for the crime Of murder
Bumsn society could exist upon no other bass-cviiiza
uon itself would become an impossibty. The common
law has most sacred regard for human hfe 30 sacred
that the raDkest criminal-he who has
assumed TO himself the functions Of judge, jury
and executioner-is himself given by the law
the privilege Of q fair and impartial trial
II gives to-day Daniel Sckes the prisoner at the bar
DOT only hat he denied TO his vctim namely, impair
Gal jury ana upright judge but, until be is proved
guilty, clothes him 10 the spoess robes OF innocence
How long the facts which may be proven in the progress
of this how long the presumption OF innocence IN his
favor will control the facts Of the they may be
given to you evidence, for you to determiue. How
Doer terrible 10 the prisoner, is which the law
authorizes and commands you TO draw The presump.
ton Of murder arising from every unlawful killing,
for ou to judge whether In addition to this second
presumption the proofs OF the will show further
malice Of the prisoner towards tue deceased IL IS
ior YOU TO decide You sit there gentlemen under the
law OF the land No prince potenate exercised
higher function than that which you called upon TO
per form. 1t solemn death, 1t is as momenous
e Your conscences have been puged by the ordeal of
he Court, and you have soemnly you compe-
eut decide upon the guilt innocence Of the prisoner
At the bar You sit there as jurors, and not as egsa
ors. Whether the law be wise or foolish whether It ln
too too mild punishment, rs Of
yours. You are there 10 Ind the facts, and not 10
amend the law. You might well ignore the
iaw which empannels you az to attempt TO
liter set aside the law which defines and
establishes the crime Of murder nor have you anything
do with the punishment which the law abxes 10 tnat
1rme The responsibility rests alone with the law max
power an the propriety OF its exercise and admins
retion of the Executive who can sheath the sword Of
Justice or let II ia upon the guilty head Your duties
and respopsibil gentlemen, are solemn and mo-
meDtous enoul lhou assuming others that do not be-
opg to you You Sit there try the issue between the
at the bar and the prosecution Of the United
Sates which alleges that the Law has been violated The
thus made up you 10 try aHd that issue
alone the guilt Of the party The responsibilities which
attach TO the consequences Of that andng rest
Nay, more those consequences themselves independent
Of their responsibilities in the hands Of the Law
and in the keeTiDg ofa wise, mercful and just God
sDow not, gentlemen Of the jury, what will be
tho peculiar line OF the defence In this II
did IL would hardly be proper for me TO allude
20 II at this time If, however, gentlemen it be legal
and proved TO your satisfaction let the prisoner 20
free as tho winds OF heaven. IT, however, the
other hand, be not legal nit receive not the
II the law, being legal II be not proved charge you
gentlemen Of the jury by the duty you 70 yourself
your God ana your country, to sme the red hand Of
violence by your verdict and proclaim 10 the
our quarters Of the row listening world there is yet
virtue left 10 jury, no matter how high the position
how lofty the pretentions Of the offender.
The Judge said 1t usual here to have the openings
both sides made before any Of the evidence was pre-
sented he presumed the counsel for the defence would
prefer 10 their opening till the for the prose-
cuton was closed
Mr.. Brady replied that the counsel preferred the latter
course.
The Judge sad, that while the former was the usage Of
he Court the wsh of couns se was awavs consutad hy