New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-03-24
THE BOSTON CLUB HOMICIDE
Arguments for the Oefense
ATTORNEY GENERAL BELDEN'S SPEECH

undergone examination Tuesday, it was
agreed to hear arguments on both sides
yesterday. At ten o'clock everything was
prepared, and the courtroom was thronged
with attentive listeners.
Attorney General Belden opened the
case, placing his constructions pointedly
and forcibly. We copy from the report of
the Picayene:
Gentlemen of the jury, you have listened
to a protracted trial, and are entitled TO
that consideration in the argument which
your long vigilance entities you to. |
shall, therefore, be as brief as l can: 1t
is my duty to state to you the principles
and legal authority upon which rely. 1t
is no ordinary case, but one involving the
issues of life and death. Everything.
therefore, connected with the evidence
and the law should be weighed with con-
summate care. 1t is upon you the grave
responsibility rests of melting out Justice
to one accused of the highest crime known
to the law. If he is guilty, the law de-
mands its penalty to be enforced; if limo
cent, he should 60 unscathed and free.
On this question of his guilt or innocence,
YOU alone can decide Ii Is for that you
are here You are judges both Of the law
and the fact. We have listened patiently
to the testimony; it is now incumbent
upon me to explain to you the law.
shall therefore read such general refer
ences from the books which deem neces-
sary to enable you to accurately estimate
the gravity of the ofense for which the
accused is now upon his trial. | shall
therefore read to you the statute of 1855,
defining the penalty of wilhul murder
when is death-aud the law defining the
crime itself. The Attorney General then
proceeded to read from WhartOn's Criminal
Law, Russell on crimes, and various
other authorities.
1t will be perceived from this, gentlemen
of the jury, that when any reasonable
creature. with malice aforethought, either
expressed or implied, deliberately takes
the life OF human being. it is murder. Ii
life is taken without malice, it is man
slaughter. It is, therefore, for you to de-
termlne which of these, if either, the ac-
cused has committed. There is an essen
tiai ingredient to murder. 1t is malice.
1t is the moving and motive principle, and
stamps its distinctive features. 1t can be
mauslaughter without this. To be more
explicit: Should l get into an alteration
with some gentleman here, and Kill him IN
transport Of passion, 1t would be man
slaughter.
have thus recited to you, gentlemen OF
the Jury, as succinctly as possible. the
principles upon which the determination
of this case must be made. am not un-
conscious of its gravity, nor wish you to
estimate it with Indifference. 1t is a
fearful responsibility you have in your
hands. It becomes you to understand
fully and rightly appreciate all Of the
legal principles connected with it. Per-
| NIT me. at the risk, therefore, Of being
somewhat tiresome. to cite for your con-
| sideratlon these authorities:
The Attorney General then read from
| . Wharton, 971, 9T2; 2 Howard, 656.
In support of the presumption that the
accused, the night of the homicide, had
malice in his heart toward tie deceased,
is the fact that he was armed. 1t is a
malice constituting murder. Il Archibald,
903 aud 400
The evidence in this case, gentlemen of
| the fury, presents mass OF facts support
ing the presumption of malice, ana fixing
upon the accused the crime OF murder,
almost unprecedented in criminal annals.
| The testimony discloses that the deceased
visited the Boston Club room the night of
the eighth of January, suspecting no dan
ger, and fearing no harm. lie went as a
peaceable, quiet citizen, remarkable for
the sauvity OF his manner and the kindiI-
ness of his nature; genial companion
and an earnest friend: a gentleman In
deed, of almost princely graces, and loved
by every one. Almost as soon as he en-
tered this club house he was assalled with
Insult aud contumely. Just and honora-
BILE to the verge of extravaganza, be wa;
causelessly denounced as "d-o
scoundrel," and accused of acts the
most offensive and disreputabe
Even before this unjust attack was
replied to by the deceased, the
hand of NJ. Cammaek was thrust
into his bosom, grasping, no doubt, th'
weapon which in few minutes was des
tined to work such deadly injury. Wher
appealed to by the deceased in that digni
fed, vet concliatory tone which struck u:
ali as SO remarkable, Mr.. Cammack re
neved his insults and seemed determined
to provoke the difficulty, whose end was
murder. His words, "This is no place fo
a difficulty" implied the deadly though
which be subsequently carried into execu
ton, and showed the homicidal bent o
his mind. 1t was not to be conciliated b.
explanation or appeased by anyth1n!
} short OF blood. His animosity was aliv
when Mr.. Nixon entered the room, and wa
not kindled BY insult OR raised by violence
j.. Mr.. Cammack was the aggressor in Wor'
and deed. 1t was he who first insulte'
and abused-it was his hand raised II
deadly violence. This testimony show
no aggressive word or act on the par. c
: the deceased. His manner was torbear
ing. his action and words conclliator.
: and kind. It was no matter by whom
f the invitation to go into the street wa
made. Once upon the street, had Mir
Nixon struck him, as Mr.. Cammack al
, leges, it would not justify the accused /,
: taking his life. He himself had been tn
aggressor, and We're he struck, the blov
, was provoked by words too insulting t.
be endured liz silence. If the Invitation
to leave the room came from Mr.. Nixon,
is evident 1t was to avoid disgracSful en-
, counter in p public club room. The cage
ness and haste with which Mr.. Cammacl
> accepted the invitation. shows that hl
: aim was violence, and his heart and MIN
were Colored with thoughts OF murder
The whole tenor Of the evidence rebut
, the presumption that Mr.. Nixon had an.
thoughts OF violence. He was unarme
E and defenseless-a dignifiad, noble gentle
man-his whole life denies the supposl
ton that his intention WAS a street row
< Had he desired to call Mr.. Cammack t
account, it would have been ia anothe
2 way from this. There are more honoraol
0 ways in which gentlemen ADJUST thei