Evening star. [volume] (Washington, D.C.) 1854-1972, 1861-08-20

rules OF Algebra zero plus zero is equal 70 zero
bv the rules Of arithmetic, nothing added 10 moth
Ing leaves nothing still
To maintain this prosecution Il 10 necessary for
the Government to prove, Fist. That the homi-
eide was committed about the time charged in
The Indictment, and within the jurisdiction of
this honorable Court In regard 10 this refer
without comment TO the testimony of the Coroner
Second. That the homicide was committed by
the prisoners at the bar; that the order to Dire was
given by one of them, and that, In obedience 10
that order the fatal shot was fred by one Of them
while the rest were either actually or construc-
lively present aiding and abetting, that 10 20 saw
each one acting the part assigned TO him, In the
prosecution of the common enterprise The law
as embodied In the instructions Of the Court
may be briefly stated as follows: III you believe
from the evidesce that the prisoners at the bar
went by concert 10 the house Of the deceased,
about the time charged In the Indictment for the
purpose of arrestiDg him, and IL he did not sur
render to them, Of firing rscklessly into his house.
then every man who acted bis part in this con-
spiracy. whether be fred or not il equally guilty
with the man who fred the fatal shot-and In
that case they are all equally guilty of murder,
Of manslaughter, as the jury may determine from
all the circumstances in evidence, the homicide
was the result of malice or of passion.
Mr.. c. said that his second proposition pre-
sened three questions: LIST. Did the prisoners act
by concert; I'd. Was 1t their common purpose TO
arrest the deceased at all hazardS-thst is to saw,
If he did not surrender, TO fire recklessly upon his
house; Sd. Were they prompted to the commission
of this act by malice, either express implied or
are there circumstances Of palliation in the case
sufficient to rebut the presumption Of malice, and
mitigate the homicide from murder to manslaugh-
ter.
He contended that It appeared from the evil
dence that they left their armory In company,
under the command of Sergeant Murphy. They
halted one square from the house Of the deceased,
when the sergeant, according to the testimony of
Mitchell, said he was going TO arrest Boyd and
according TO the testimony of keithley, several
others of the squad made the same remark. At
that time the declaration OF one In regard to the
object they had In view was the declaration Of ALL
By their own admission, before arriving al the
house of deceased, they had agreed upon their
common purpose, which was to arrest Boyd, and
their subsequent conduct, which speaks more dis
tnctly than words, because the rule of law 10 that
a mans intentions are TO be determined by his
acts shows that they intended, IL Boyd refused or
hestated to submit TO the arrest to fire recklessly
upon his house; foS according to the testimony OF
Cook, every one of the prisoners was seen with a
deadly weapon In his hands, In front Of the
house.
Admission 10 demanded In the name of the
United States three several times; no answer 10
heard, aud then follows the volley Of musketry,
which resulted In the death Of the deceased
Every man who Is shown by me In that squad at
the time Murphy declared their purpose and after
wards In trent OF Boyd's house with deadly
weapon In his hands, is equally guilty with the
man who fred the fatal shot, in the absence Of
evidence explaining or mitigating bis conduct
This is no new law, Ii 10 old as the hills. 81.
Paul, the great Apostle to the Gentles, after bis
/
he was present consenting to the death Of the first
Christian Martyr. IL is absurd TO say that II was
incumbent upon the Government To produce
witness who would swear that he saw the hand
that struck TIE fatal blow or the finger that pulled
the fatal trigger. That would strike down the
whole doctrine Of circumstantal evidence, which
is often more reliable than direct and positive
testimony. Murders were generally committed
in secret No eye saw the assassin 8 dagger, and
no ear heard the last groan of the diving man.
Now, gentlemen of the jury, II you are satisfied
in regard to the corpus dsticti and the connecting
of the prisoners at the bar with the offence as
charged in the Indictment, the next question for
you to consider is, the quality Of this homicide
Is it murder, or is 1t mansau2hter
Mr. then proceeded, ct considerable length,
to explain and illustrate to the jury the difference
between murder and manslaughter, contending
that Murphy was guilty Of murder, while the rest
might be found guilty Of granddaughter, except
Low, who might be acquitted, as there was evil
dence that he had no gun.
The counsel for the prisoners made two points
of defence Fist-that the homicide was COM
mitted in self-defence. Second-that IL was the
result Of an order given to them by the Captain Of
the company of which the prisoners. were MEM
bers. MIR. C commended that the jury, under the
law, could not justify the homicide upon either
Of these grounds. He explained at some length
the doctrine of self defence, contending that IL
man made an assault with malice, upon the per-
son or house of another, which was equally sacred
in legal estimation, he could not in the course Of
an ARRAY resulting from II, be In the attitude Of
self defence, because In that case he was respon
sble for the consequences, Of which he was the
original cause. He commended that the order Of
the Captain, If strictly obeyed, was no justfca-
ton of the homicide, but might be considered by
the jury In connection with the other facts Of the
case as circumstance tending to rebuff the legal
presumption Of malice.
The soldier was bound to obey the ldtcft! COM
mands Of his superior officer, but not an order
which would shock the sense Of any rational and
rig IT. minded man. If the captain gave any such
order, 1t would eliminate him, but could not
ho,y he tn mai "a he a
bar IL the captain had ordered the prisoners at
the bar to arrest Boyd dead or alive, or 10 arrest
him. and If be refused to surrender, to fire reck-
lesslV upon his house, be would have been equally
guilty with TIE rest, and he would now be sitting
in that bCx by the side Of his fellows in crime.
Did the jury suppose that be MIR. e would have
permitted the captain to escape IL be had been
guilty of any such outrage! No. III he had he
would have been recreant TO his duty as district
attorney According TO the testimony of Mr..
Hsight, the captain said TO Murphy, "bring me
men,"&c. Where is the evidence that such proof
was ever furnished by Murphy, to his captain
There 10 none. According 70 the testimony Of
Garrett, first lieutenant Of the company, Murphy
laug binglv said TO the captain, " Shall | arrest
Boyd, dead or alIve!n Why did Murphy make
that remark! IL shows that malice was nesting
in his breast Garrett goes on to state, 81 did not
hear the captain make any reply, but shook my
head and said do not do that; do nothing rash"
q! that he had Obeyed the command Of the first
lieutenant, his superior oticeri But scarcely had
this word of warning died upon bis ear than the
silence Of the night is disturbed by the murder
Gus fire that put end TO the earthly existence Of
Cornelius Boyd.
Mr.. Bradley has apostrophized the American
Flag; for what purpose, confess do not dis
tinctly understand II was an eloquent episode,
beautiful depression from the evidence. In
reply permit me to say that yield to no man In
devotion to that time honOred symbol Of AmeTi-
can nationality. | have served under Ii In two
wars, and am ready to do so again when | receive
the word Of command from General Joseph II.
Bradley, 1chO IS ROto my commanding Officer.
| glory in the old Flag. which has so long waved
In triumph over land and sea, and which is even
now honored and respected wherever IL 10 un-
furled. But am | to prove my devotion to the
Stars and stripes and to the Union by giving
countenance to cowardice, cruelty and barbarity!
Ii so, would scOrn and abhor the name.
81 had rather be dog, and bay the moon,
Than such Roman
Gentlemen Of the jury, II you wish to scquit the
prisoners at the bar, do so upon your own respons-
ibility; but charge you not TO LABEL the friends
Of the Union. All honor to the Union Volunteers,
who have offered their lives and their fortunes to
the cause Of civil and religious liberty. My
most ardent aspiration, my warmest wish TO
Heaven is for their happiness, prosperity and sue
cess. They are engaged in high and holy
cause-their object Is the restoration Of law and
order peace and fraternal love. Theirs Is a mis-
sion Of mercy-'to lift bleeding country from
rrv.FN