Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1860-04-20

address you. The counsel for the defense
have seen fit to call in question the course of
the States Attorney they have impugned
the conduct of the sheriff. and they have even
attacked former member of the Judiciary,
before whom this case was tried at the Sep
TENDER term. They have put in the opinion
of the Supreme Court, and in effect have
claimed that that Court has decided this TO
be a case of manslaughter, this was also de
MED by the counsel Tor the detensel and in
these respects they have gone beyond their
duty. There were no cOntroverted
points OF law which required
the introduction of that opinion.
The Supreme Court returned this case for
trial on the ground that the Court on the
former trial omitted to explain to the jury
the effect which the theory OF the defense
should have on their action, If it were borne
uut by the facts and the opinion of the
Supreme Court upon the facts is not binding
upon you.
That tue life Of a citizen was teloniously taken
by the rrislneri is undenied. IL rests with to
YOU to say whether it was murder or man
3 aushter If you fud it 10 have been muir
der tie punishment may be hanging, OF the
sentence of death may be commuted by the
legislature. But you are 10 remember that
If tie life Of this young mau is dear to him
and his friends, that lives ot others are equal
l. d ar 70 them and their friends and that the
public must be protected.
The States attorney proceeded with MS
customary clelrncss 10 develop the dstnc-
ZION between murder and manslaughter and
10 present the theory Of the prosecution,
as outlined in the opening statement Of Mr..
French. all III much greater length than we
can follow. lie considered Bin, in his
pursuit Of knowledge through keyholes, to
exhibit q very inquiring turn Of mind. lie
inferred that the responder and his associates
were intoxicated wilh strong beer, and re-
mind d the Jury that the intoxicat!on 50
produced is nor u the most amiable kiGd-
lie denied that Aekean was arriciaily
excited. lie said that no enc but a
ds,eado would have used . knife 90 readily
and ntl,y on such slight pr9vocatioo as
/ Mcdonnell did, and that it Is didicrit not
/ ID presume previous ga rel. lie insisted
/ that Mcdonnell would net have met Mc&een
rs heidi unless he bad bis knife 10 readiness
+ and raat De could not nave drawn itatIer the
aEuv commenced
IL discarded the opinions Of Or. Chayer
fsy.o.s as To the position of the parts Oh the
GdD and his theory. as incJnclIsive and
.hsaIG. lie urged ;hat Jne Dow mu=t have
+ I-laa lsck-h AIDED aue. Livr1 as 81 parties
came .a contact that tie kuAc wH driven
INTO t.ee5vjty Of the body by the blow, ana
t.ateit.er tie hr,-s. was So compresssd by
/ the force Of the blow as TO permittle blade to
+ reach the heart o- else the heart was
6raaclta-ajnsc the p5iH, # the knife IN the
changed position Jl ,l1 Iarjs during the l"I'
|
-sycrnmcat's witnesses, explaining neon
Sr..aeles and removing objections. lie -itJed
4 tae evi srce Of Balm and Kelly, showing the
contradictions between their present testimo-
urauI chat before the c5roaer,-and declar-
ing that they had been posted by somebody,
rLhey could not have made every omission
and alteration SD invariably in favor OF the
grislr... All TINS ground was gone over
( with much particularly. In conclusion he
remarked upon the import uce Of the case
/ n. lad nl desire To have the prisoner receive
/ "a sayeggr sentence than he des ryld but IT
guilty Of murder, as he believed he had
I shown bun ID D., he ought To be convicted.
Whether THIS was murder with precJnceiv-
c4 malicious purpose, Or one Of the kind
Which is perhaps more dan -vrous and equal
. .-f1.t4'eu- 100 the present day yosCay
murder. used hv tine rtckleSSncsso OF human
l'c which chlacterz1s these fast young
men who iniost the larger cities. and are Off
e.. found In smaller towns. II should. for the
protection OF society, De punished. Thou b
.-u-u 11u cannot wholly disregard the con-
squcne-s Of vlur verdict % th- prisoner,
-se .san.i1t beyond which ympItay
t-.-.~ g.. b. a virtue 81 Is when IL u~urps
t- place u judgment, and the Juror iyrgets
Ills .lf.. Ia tl- I'D tG. A tI-Tc Nlt ASA You ,