The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1869-05-21

and courts may offer compensation in dol
lars and cents, but the heart of humanity
repels the application of such remedies for
the wrongs sustained 10y Martha Cairnes.
My colleague will show you that the law
is modified by our statute, but if it be not,
yet the killing of McComas was justifable,
and not murder
Can you find in it the essentials ofcrime
DO YOU see the s'malice that indicates a
perverse wickcdness Of heart" for such
you are told by the prosecution character.
ICES murder. Does it strike at the peace,
welfare and security of societya
Gentlemen you are good citizens you
respect the law, maintain its authority and
have no sympathy with felons. Do you
believe that the sanctity of your homes,
the honor of your families, or the perma-
nence of civil government are endangered
by such an act, under such circumstances.
Do you not find in it greater safety for all
you hold most dear2
Think of Martha Cairues as she was, az
she has been described to you by the wit
nesses, her character--her position-and
her sufferngs. Suppose she had been your
daughter, or sister, and tell me what you
would have done? You know you would
have shot down her bctraycr as dog, and
then not fled from justice, but facing your
fellow-citizens would have claimed and
had your justification. Can it he that the
same blow struck by her weak hand be-
comes murder. l justify the act; I do
not exa,t the actor, wish her hand had
not been stained; | wish this cup had pass.
ed away from her life-that she had not
been the avengor; but before you as men, as
judges of the law, ! claim that she is, as
she has pleaded, not guilty.
What jury ever did say or ever will say
otherwises Can the Attorney General, with
his wide experience and ample learning,
find us one single case of conviction 2
Where in this broad land will he get pre-
cedent2
Mr.. +. here referred to the case of Jno
Stump, in this court-to those of Mercer,
Mary Harris, Sickles and Others
The series of decisions is uniform and
unbroken-no exception. Are all juries
blind or recreant to their duty2 Do all
sacrifice their consciences to their sympa-
thies ? In other sort of cases they are
prompt enough to convict9 How can the
prosecution explain this unvarying judg-
ment against their law," in such as this9
The decisions of tribunals empowered to
judge, made the common law. In these cases
juries are such tribunals and their iudg
ments make precedents and have the force
of law. They have properly exercised the
power given them to do justice.
1t is said change the law-give legisla-
tive redress. No it is better as it is. 1t
might not be well to write down in the
code that the seduced may slay the sedu-
Ger, 1t would of ener shield the guilty
than protect the innocent. The cases where
SUCH extreme measures are invoked are ex-
ceptlonal, and when they arise are proyi-
ded for in the discretion of jury. it has
the power and the right, and is doing right
to adJudge that case like this is not with
In the intent and meaning of the statute
providing for the punishment of murder.
why should you punish the prisoner9
What good would itaccomplsh 2 Would it
deter others under similar circumstances 2
Could 1t In any conceivable way promote
the public welfare2 If you are satisfied
that 1T would not-that on the contrary it
Is better that such warnings should now
and then be given of what the law of self
defence really is-that men who, in wan
toness and lust, reckless of truth, and honor,
and manliness, carry disgrace and desola-
ton to the hearts and hearthstones of others,
should know that they put their lives upon
the cast. Then it is not u case for punish
ment, and the act is not crime.
We have put this defence upon the law
as applicable to the facts proved. We do
not invoke your mercy, but ask for justice.
"Vlndicate the law" says the prosecution.
Yes, vindicate it in its best and noblest
character-a terror to the really criminal
protection to those more sinned against
than SHINING.
You have had our views of law, and of
yourpowers and duties under it; given
to you, not merely as advocates, but in full
appreciation of our obligation as citizens
and on full consideration. Precedent
reason-the public good-iustice, demand
their ratification by you. AS Judges of the
law you will determine. We would not
have you palter with your consciences;
the prisoner would not have the poor
sremnant of a ruined life spared by disre-
gard of your duty.
You may deem this girl guilty and doom
her to death. 1t will not change my opin-
ion. l have never knowingly offered my
hand to felon. Sinner as she is before
God-not blameless before man, would
still take her by the hand and bid her lock
to God of mercy in Heaven.