The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1869-09-24

s Dse aa ~ Implanted in the female heart quick
anu enfiameth at every such instance of brutal
iuse. Here also the law of sef-deience plainly CO.
Incideth with the dictates of nature. Il Hale, ass,
Fost 274.)
tGabbett Oh Grim. law, l, 500)
AS to tie defence of ones property, it has been
aireauy stated ante p. 1885, that it is lawful % repel
any eIonlous attempt upon it, even by the death Oh
the aggressor, under the restrictions there lneil-
| lioheu But where an attack though iorciGic Is
made without any felonious intent, but barely to
commit trespass, some further caution Is to be
observed. For If las in Harcourts easel A, in de-
| fence of his house, kills b., tre.passer WHO EN-
mon mansaughter, unless indeed there were dan
ger of his life Zero. Car. 537 East r. O. 2S7.) But
II B, had entered into the house. and A. had gently
| had turned upon him and assaulted him, and A.
| had killed him mot being otherwise able to avoid
the saut or retain his lawful possessionl it would
| have been in sell defence and so 1t had been if B.
had entered upon him and assaulted him first
| though his entry were not with intent to murder
him. but only as trespasser to gain the possession
and in such case A. being in his house need not
fly as far as he can, as in other OF self defence
Tor he has the protection OF his house to excuse him
from flying, that would be to give up the nossess
ion OF his house TO his adversary by his hight
| (Cromp. 81, a; 1 Hale, 4s6l ...a
In these cases the homidde is excusabIe rather
| than ,ustfiabe- =
| (Easts P. G. 2S7)
II A. in defence of his house kill b. a trespasser,
VINO endeavors to make an entry upon it, it is al
least common manslaughrer unless indeed there
We're danger OF his life. But ii b. had entered into
the house, aud A. hal gently laid his hands upon
| him to turn him out and then Is. had turned upon
| him and assaulted him, and A. had killed him. mot
being otherwise able to avoid the assault, retain
his law nl possesson it would have been in self de-
fence SO it had been il B. had entered upon him
and assaulted him first, though his entry were not
to gain possession In such case A. being in his
own house, need not fly so far as he can in other
of self defnse for he has the protection of his
house TO excuse him from lying; that would be to
give up the possession OF his house his adversary
by his flight. But in thee the homicide is ex
cusable rather than justable; and therefore tor
fixture is incurred, but pardon issues of course.
IF defendant had been killed in this ARRAY it would
have been murder in deceased East P. G. 2ss.
Gentlemen, l have read to you the princi-
pies OF law as presume you will receive them
from the court, and few illustrations which
| seem in the books applicable to this case and
| upon which we shall present it to you for con-
sideration. = '4-EL
| The prisoner at the bar is here accused Of
| having, OF his malice aforethought killed Pat
| rick Murray; and the learned County Attor-
| ney, in his opening of this case, dealt forcibly
and extensively with the question of malice
| and piled up definitions of malice and cited
to you authorities to show tina. malice afore-
| thought need not have been preconceived
malicious determination to take lite; but that
malice aforethought might have been con-
| ceived upon the instant and out of the natur
al and innate wickedness of this prisoners
heart. There is no pretence to you, gentle
men, upon the part Of the government that
the prisoner at the bar had lain in wait for
his adversary to slay him but you are asked
to believe that this man is such monster oil
depravity that, when upon a sudden finding
himself opposed he is called upon to interfere
in quarrel he kills his assailant from the
malice that he then and there and out of the
wickedness of his heart conceives. ea
In judging of this case, it behooves you
| gentlemen, to look and see what manner OF
man this is whose life is in your hands. Is
he the vagabond, the wicked, desperate man
they would have you believer Is his heart SC
corrupt, full of evil and knowing no good, that
| of sudden, he is so filled with hatred and
| with malice that he strikes down the stranger
who is within his gates? 1t is for you to con-
slider the character of this man-how he ha s
| borne himself among his fellows, how he
stands in the community and what life he has
lead. He comes here with his wife and fami-
ly about him. There are his children, gentle
| men. want you to see these mute witnes.
SEES; and when the government was introduc-
| ing testimony to show the wickedness and
| depravity of this mans heart, these should
have been offered to show how this man has
deported himself during his life. Is he the
vasabond, malefactor and criminal they
would have you think? say to you, gentle.
men, look upon this family.
Here five children of the prisoner came
| forward-the eldest IL or IA and the youngest
or years of age.) .
have not asked one of them a question
but would be willing to rest my case here, ii
upon searching you do not find them well and
| carefully reared. Question them, gentlemen,
| from the eldest boy down to the little pratt
| tier who has scarce left his mothers breast
and is now lying IN her arms. Examine for
yourselves and see il they have not been in
structed by their father from their earliest in
fancy in the sublime teachings of the religion
| revealed by Jesus. Ask them if they have
not been taught reverence, devotion, charity
| love of their fellows, mercy; and ask them
gentlemen, if the names of the cardinal vir-
tues are strangers to their tender ears. Is a
man, who, when he goes to his home at night,
gathers about his knees this flock the man de-
scribed by the government, who, out of the
wickedness and desperate malice of his heart
| strikes down the man seeking protection
within his walls? There are witnesses to the
character of this man-these show the wick
| edness or goodness of his heart. Now that
| Youngest child, if you ask him the questions
knows what it is to obey his superiors and to
reverence the laws; he knows what charity
mercy and love of his fellow men mean.
All! gentlemen, no man who rvdrs a brood
like this, is in his own house, so wicked and
malicious that without word of warning,
without moment OF preparation, With
sea. cely struggle, as you ale asked to say,
| and out of nothing but his own hatred, wick
edneSs and maIevolence, would kill his fellow
man who looked to him for protection.
Gentlemen of the Jury: 1 shall briefly
and very briefly, for may suggest myself, as
was suggested by my learned friend who
opened this case, that it will be argued and
fully argued by able counsel upon either side,
| shall review somewhat hurriedly and briefly
The testimony which has been adduced for the
government before submitting to you the case
which we present for the defense. We
supposed in the opening of this case
| but you have been already tried and severely
tried in the lengthy and protracted eKamina-
| ton which has been had. Let me then refer
briefly, to the first testimony of the govern
| ment-and that is the testimony of the
| Frenchman LIE Blanc, who was first put upon
the stand. He testifes, that being in his
room and hearing disturbance he and his
friends went to the door, and looked out and
saw all that occurred in the corridor; and
perhaps it may be as well for you to take this
| map-you ma have occasion to refer to it.
1
between Shea and the deceased, and he I'm.
dertakes to tell you that he can repeat ir
English everything that was said. You may
have observed that when l turned to him an(
used such language as Mr.. Murphy would b.
likely to use, under such circumstances, ad
vancing and speaking somewhat rapidly, he
turned to the interpreter and asked what
said to him he could tell. When I said tt
him you have no right to be in my house YOU
scamp! l will send for an officer and have vol
taken out, he said that I said somethin,
about my house and my Office. That was thu
only idea he gained from my remark.
We shall undertake to show you that m or,
was said than was testified to by the French.
man, and while we do not undertake to i'm
peach his testimony, and we are willing II
allow that he testified as fairly as he was ablt
to do, we ask you to discard from you
minds the belief that this Frenchman wa
competent to come upon the stand and stat,
everything that was said.
1t is utterly impossible. 1t is monstrous Il
suppose that this ARRAY should have been 20
ing on and that not word had passed be
tween the parties except what this witness
.estifes to; that nothing should have passe,
between the parties after Murphy came int,
the corridor except what this witness says
The witness says he heard the man who wa
down exclaim Il want my wife," and h
heard some one else say, "You have got n
wife here."-word by word and syllable b
syllable; for they are all monosyllables, and
word of two or three syllables the witnes
probably could not have Iecollected at all, an
it would have conveyed no more idea to hin
than the shutting of the feet upon the fooI
| he would be as able to translate and Give