Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1869-04-01
ABSTRACT OF
CHARGE OF JUDGE STEEL.

SHu,daH Mgeh p. lsG9.-The
convened at the usual time. and NJ e..
ey resumed biz argument ia the csc.
State v Ziba Piunl-y ef al. ela-l--
p 10: 10. Judge Steele then deliver..5
charge Of the court L. the jury II.
livery Of the charge occupied nearly r
hours. The court room was p4cisL
Of listeners Of both sexes. and the ,.-.
careful attention was given to the q .--.
We obtained. AMI give our reiders
following:
ABSTRACT OF THE CHARGE
The Indictment in this cl-e charg-.
foar Of the respondents. Zibt Pluma
Horace Plumlcy. Frederick Plumler
I George Butterfly with the crime 81 fa-.
der. and npon verdi; # guilty, e.a
them would b. convicted Of murd.r
I principals The stature Il this $50,
however, provide that upon al ina
mont for murder, the jury may find
I verdict 81 guilty Of man-lauzhter, az.
I the verdict. whatever II may h-. must O.
separate - 20 each one Of the respa.-
eut-: under this indictment, each ot I'll.
: prisoners must be convicted a- priHef
" not at all; a man charged with e-r
may be either principal, an acoe-- arg d.
fore the fact, or an 'ryafrer 1l.f .-
This indictment charge, each ai r..
prisoners - principal, and The te-rlr
ny must show them to be- principal
testimony showing either % them r..
an acces DRY 50 the crime. either before
after the fact would not warrant a.-
conviction under this indictment, net,l
will evidence proving one # the resp,
ent, intended ~ BE- d. principal 10 II.
criue, warrant any conviction No.
principal i not necessarily the oEa
who fire. the f,t n shot: II b. j. pr.
sidins or assisting tie party uho aetaar
fires The fatal shot, or strike tie d..
blow. be- Is a principal; il he inri'e- orb
er. ~ the fatal deed. hut l. hisu-e6 Dr.
at when it J. committed. ha = sn s---
s,ry. and though, Ira add ion 90 uA
citation. l.. i"'o,.a- ., - aofaally-IIe
and take part ia the fatal act. ,e- D.
o4ly an aca,.r-ory, unle-. D.. J. pre-.
By lyiu. the principal Ia tn CRIME is.
be present. the lay dos nor require
ac,ual ure,euca. and such presence
not depend on the numher Of I'd p.
tween the parties, bu' any ore f. raa-
cred present when is l. near enough .
render aid and assistance 20 rba V.rr
who commits tba scr itself. either Ir ri.
doiug II the deed. in secrefing the l..-r
or In .ffectiul, the flight Of the Jlar-y 81.
d ez the deed, hut such presence mu-t %.
f'r the purpose. and with the intrur
~ rar,laring such aid and a--i-tsue
dom, ihn violence. concealing The la5s
or a--i-'iue iu the flight The court rlr .-
took az rhe cs-e - the tespvndent Gesr.
Buffeiiiv. and traced him during ths r'-
fr Y as developed by the Testimony. e,E
char. 4 the jury that the whole eyi2sfre
W III 20 show that Butterfly Wa no, rr..-
riit. nor $50 near a. 80 render NJ. ~ aia
assistance necessary 10 make him
et2sl. ui rha testimony 81 his lafrar g..
"a pistol AZ 80 great a distance from -...
-'1-zfs ui The Hlfray only Showed th--
ha- -o intention 81 taking q part. "a
l. u'o -s.ihcient - m Ike him ~ p,iucir
which ~iii rhe fact that BE- w. goi..
from no" Itlsr- of the homicide. and rr
NOT near ennH2i 60 render aid. reuder- ~
s'ideno. "a -sain4t him.if all true. ir,-ufFi cam
- warrant conviction ~ Butt.4fr
Is principal The difference betra
! principal and an aer,4-sary before :,
-let. J. t"chuical only. but technical z'
'rrnnce is a. binding upon the court sr4
my any other, and the resronaeut-
ntil!ed &C. All legal iechniealitie- viii
nav he ia his favor, therefore Won va.
~ ia y"ur verdict that Butterfly = o..
.nliy Before proceeding 10 call after.
iun Ia the law of the case as applied
he other respondents, the jury msy we
'e directed 10 the weight Of testimony Is
few general observations, aud in ~. fr--
lace as 10 impeaching testimony. Ths
re two kinds of impeaching te-timany
ne kind that which shows that The vi
ess whose testimony is 10 be attacked D.
Glow par in his general reputation
ruth and veracity, AMI the other. whish
hows that the witness has given another
relation of the affair out 81
,urt; the latter kind tends to discredr
re witness, as his testimony being T..
able to be truthful than one who has no'
wen such different. inconsistent rrls.
on; but the sworn evidence il all the
Try can weigh, and such different rel.
ON out of court is only an impeachment 81
lie creditof the witness, and cannot be used
evidence of the facts being a. related
, for instance, that Horace Plumley aid
It of court that he should not have done
if it had not been for his father,
no evidence against Ziba Plumley,
d cannot be used for that purpo-e
t only as duplicating Horace and show
: that his evidence on the stand is les'
,ely to be true, and the same principle
true when applied to Squires and VIM
I when a respondent says anything oni
Court which is an admission sgsins
nself, that lie evidence against him
d may be used as evidence of the iss'
and 50 general reputation tbs.
It witness is below par for truth ana
-ac;tv Ia 70 h vei0hsd in cousiderioS