Evening star. [volume] (Washington, D.C.) 1854-1972, 1861-08-20
The Substance Of NF. Carripgtsn's Argumen Z
IN the case Of Murphy and others, charged
win the Murder of Cornelius Boyd

with the Murder of Cornelius Boyd
May 1t please the Court, and you Gentlemen of
the Jury: think 1t very proper that you should
nave the benefit Of argument In a case involving
questions Of so much importance to the whole
community | regret that Mr.. Bradley should
have thought Ii necessary to complain, and even
repfoVe me, for using words Of denuncistion in
my opening address, against the prisoners at the
bar, In his opinion both improper and unbecom-
ing L respectfully submit that my friend has
not quoted me with perfect accuracy. IL know
my own heart, would not do injustice to mortal
man. thank Mr.. Norris for comparing one SO
humble as myself, to Sir Edward Coke. the
greatest lawyer England ever produced; and
since he has set the example of comparing
of an incident in the history of Daniel Webster,
when he appeared as prosecutor against the muir
derer OF an old gentleman, and was reproved by
the defendants counsel for calling things by
my argument than carp at my manner" In the
same spirit l say to the learned counsel for the
defendants In this case, you had better spend
your time In answering my arguments than In
complaining Of my ifnpasstonsd and rhetorical
feel no disposition to retract a single senti-
ment, or single word have uttered In the course
OF THIS prosecution. Gentlemen Of the jury, pass
In review before your minds the various scenes In
this terrible tragedy, then In the language Of the
learned counsel for the defence, placing your
Of complaint.
about the hour of midnight on the 27th Of April
last, with MIME muskets, those deadly weapons
generally used In a civilized community only
upon the field Of battle Behold, through the
evidence the bleeding and mutilated corpse Of the
murdered man, and the gaping and chastity wound
the entire breadth Of his body-this, to say the
least OF 1t, was bad treatment.
TO deprive a man of life is worse, in my judg-
menti than mere words, however abusive and
denunciatory. They slew him In his own house,
his own castle, in the twilight of civilization
held sacred in legal estimation. They killed him
while pleading for mercy, in the language of
Miss Lydia Mills, while uttering these imploring
words, three several times: 4" Hold hold hold 20
Ihey killed him In the presence of his wife and
child. He fell by the side Of his own fond and
faithful wife, who, true to woman's nature, with
more than superhuman effort, dragged his bleed
Ing and mutilated corpse beyond the reach of
inrther violence and outrage. He was launched
into eternity without time to breathe prayer for
the salvation Of his soul
"Cut of even in the blossoms of his sins
No eckoning made, but sent to his account
With all his imperfections on his head.
D, horrible. o, horrible, most horribley,
The neighbOrs see with surprise this armed
mob In front of the devoted house-they hear the
murderous fire, and in few brief moments the
poor trembling spirit Of Cornelius Boyd stands
ahrghted aud appalled, before the bar Of Eternal
Justice. These are the facts and in view Of these
1acu, where is the brave and generous man who
Will censure me for a single word or a single SEN
tment have expressed I said. and repeat
and If had the voice of thunder IL should be
heard by every one In this community. the man,
VINO with arms In his hands, whether he has on
a citizens dress or a soldiers uniform, shoots
down an unarmed man, unless he be a con6eBlned
c1tmindl, Is, by the law of the land the rules of
honorable warfare, and the bloody code of honor
Itself, murderer and coward He, who with
arms In his hands shoots down an unarmed man,
unless by the authority Of law, while pleading
for mercy, is a murderer and coward h. who
with arms In his hands shoots down an unarmed
man rNFn1.a h.ff 49,
ing for mercy, In his own house, at the hour of
midnight, and In the presence Of his wife and
child, is murderer, coward, and a iend in
carnate.
Certain places have always been held sacred in
legal estimation, in all ages and in all countries
Under the theocratic government the children of
Israel had their cities of refuge and their temples
OF safety, where the meanest criminal was safe
from the avenRer of bood-no man burst harm q
hair upon his head while his hands rested upon
the horns Of the altar. In this country every
American citizen has always felt, and should ever
feel, that he is beyond the reach Of violence ana
blood In his own house, and while he sits stands
or sleeps, by the side Of his own wife. Woman
Is holy name, and no one but a villain will in
suit her sacred person, or invade the sanctity OF
tho family circle
Now, gentlemen Of the jury, behold the last
scene Of this awful tragedy. The murdered man
Is buried, and one would suppose that now be
would be permitted to sleep In peace and quiet.
But the prisoners at the bar are SEEN like horrid
Ghowles, burrowing in the grave, to feed their
malice upon the remains of the unhappy dead.
through their counsel and representatives they
charge him with di:loyalty to the Government,
which protected his family and his home.
Where is the evidence to justify this cruel as
sault? They proposed to offer some such tes-
tmOny, but | objected to 1t, and the obec-
ton was sustained by the Court. | objected
not because was unable to meet It, but upon
principle, and because Ii was inadmissible by all
the rules Of evidence.
Gentlemen Of the jury, was IL not enough to kill
him In his own house, at the hour Of midnight
to render his hearthstone desolate TO make a
widow Of his wife, and an orphan of his child /,
Oh, no! they now say to that widow and 10 that
orphan, your husband and your father deserved a
sudden and bloody death, because he was a
traitor to his country. Idenounce it as an impiOus
gratuitous, and unfOunded imputatiOn upon the
memory OF the unfortunate deceased He halls
from land where the plant of secession has never
fourfshed-from the same city with that gallant
soldier TO whom all Of Us now look for our own
protection and the preservation OF our Countrys
honor The blood Of Pennsylvania has been
shed by the murderer's hand in the capital Of the
no ne tiGn. MI Norris reminds you that induced
the Government TO put arms in the hands Of these
young men, for they were members of the "Union
Regiment Of Washington, Of which | was the
father | plead guilty to the charge. At my sug-
gestlon they were entrusted wit b arms by gem
erous and cOnfding Government, to pfotect the
citizens Of Washing ton. And now that they have
abused that confidence and made an improper use
Of those arms, 1t is my duty to see that they are
brought to condign punishment.
In the discharge Of high professional obliga-
ton know no man, and no party. trust the
day will never dawn when an American Jury will
be Influenced by personal or party feelings With
out law there is no liberty. Upon the maintc-
nance of lawful authority depends the peace hap
piness and security of US ALL as the present condi-
ton Of our country mOurnfully illustrates I did
appeal to the patriotism Of the people Of Wash
ington city; and that appeal was responded to in
a manner worthy Of he men who inhabit the me-
hoPolis OF the greatest nation upon earth Nor Is
this all. j travelled through that portion Of Viz
ginia where had been honOred, and where was
known and respected, and implored my country
men to maintain the authority of the law to reject
all heresies and new tangled political doctrines,
TO observe their ancient landmarks TO tread in the
path their fathers trod, to stand by the old Flag
the old Bible, the old Union, and the old Consti-
tuition oh, that they had taken the advice of the
humble Individual who now addresses Won
Peace and plenty would now sit smiling at every
door; golden harvests would now be waving
where CORY graves mar the sacred soil Of my ma
tive State. Gentlemen of the jury, in the same
spirit Of loyalty to my country and its laws |
charge you, by the solemn sanction of the Jurors
oath, to maintain the authority of the law 1 have
always advocated, and Intend to advocate until /
die, firm, fearless and faithful administration of
justice.
! have offered three prayers, the defendants
counsel two The court after full and solemn
argument, has responded in five instructions,
which embOdy the law of the case. Oliver Gold
smith