Evening star. [volume] (Washington, D.C.) 1854-1972, 1864-02-09

ssme such instrument as is exhibited here, u
proven oy the testimony of the coroner, IL you
ease.s eaaa hem, and by those who saw the do.
usfa was produced here, and you recoilect the
circumstances under which that knife was
auunat r;r lou recoilect the detailed account
gwen oy TIE widow Of the de ,essed AS to the
course the prisoner took in his fight and how
ne was srresteo-the soldiers corrobor atins her
story IN reference TO thar, and the officer COR
roforstiEg the other circumsts nces In regard tn
L place where the knife was tound IF tnia
proof, eentls men, satisfies your minds beyond
reasonable doubt that the prisoner al the bar
committed the ofense as charged-eyen as I
nave before remarked, IL you believe an the
circumstances regarding the controversy about
y stove, you must md the prisoner guilty as
One other word gentlemen 1 have thou yht,t
my duty TO say what have, SO that Won NAV
te enabled 10 understand the rules of the law,
sncn as beheye applicable to this case
! never intend to interfere with your nro
vince, which is 10 ascertain W hat the real facts
OF me case are as derived from the testimony
of the witnesses. That belongs to you and M,
only security for the proper and faithful ad-
mInistration of Justice-the only security for
your rights, for mine, and the rights Of others,
is ior You to f arlessly discharge your duty.
AND that the Court only discharges its own
II err in reference to the rules, which I
chafge y ou, must govern you in the decision Of
case like this, the party has his remedy, but il
to decide what he facts are in the CO Sc, there
is no proceeding in the law whereby a remedy
could be had, nor on the other hand is there
any remedy known 10 the law where the iury
undertake 10 decide the law OF the case in dis
regard of the instruc ions of the Court
One other cons deration. Several Of you,,
when being empannelled. think, expressed
what perhaps should not much dissent from.
and that WAS that you were opposed to that
policV OF the law which Furnishes with death
the crime Of murder. But with that In our
present relations, sitting as jurors, and as n
court, we have nothing to do. Neither YOU
nor are res por sible for the law, and our on,y
duty is TO administer ii as we find IL. / know
that you. as honest and faithful men, in obedi.
ence to the oaths which J on have voluntarily
assumeo, will discharge your duty. You must
discharge II cautiously, carefully, and be so
satisfed that your onscience is entirely at rest
as to the facts of this transaction, found by YOU
The prisoner has proved, gen lemon. by sew
eral Witnesses that his character prior t.s this
accusation, so far as they were aware WAS
good. 1t ls my dnty to say 10 you that where
the facts OF case are doubtful, good character
often ayails very much TO Iurn the scale: but
are entirely clear and reliable, and where they
satisfy hey ond all doubt Now, IN this case,
L Geed NOT comment upon the testimony Of
these witnesses who speak ot this mans char.
acter. One Of Them, at least, had an opportu.
nifty TO know something OF this mans hebits
a1d clsposlIon, but ii will be for you to say
Vlether the others who testified to his char
tter on a slight acquaintance of year or so.
and mat not an intimate acquaintance, would
nave hao any considerable opportunity TO know
the habits, temper and heart of a man SO thor.
oughiy as TO speak with any degree of force a
TO his character, one yyav or the other
low give he case mo your hands, gentle.
men, lnyt King Tor IL that patient aud honest
consideration which am sure you will bring
10 its consideration.
turned with verdict of murder in the first
degree.