New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-03-13

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all those rules of proceeding, which are
referred to by the managers, and which
thew regard as mere technicalities, are
onards thrown around every man by the
Tender mercies of the law, for the purpose
of protecting him when he is called before
a solemn tribunal to defend himself from
the charge made against him. Therefore,
i care not what Mr.. Wickliffe may have
done, unless in this investigation you
should come to the conclusion that it was
done wilfully-that it was done inten-
tionally. I say that it is not criminal,
even though the act be denounced by
statute, and when say this, am speak
ing the law Of the civilized world. The
law, it is true, in some instances, infers
The intention from the act, such as if you
kill man, it is naturally inferred that you
intended to do it, but in these other tran-
sactions, when the intention is constituent
element, the essence of the oifense, the
intention, and the corrupt intention must
not only be averred to make the indict-
ment good; but it must be proved upon
! the trial; therefore, if man is charged
with an act which is denounced by law,
such as / have cited, using language hav-
ing tendency to excite discomfort among
slaves, unless it was averred that such
language was used with that intention,
although it had the effect, the Supreme
Court decided that without intention it
was no crime. This has brought me,
therefore, Senators, to the discussion of
\ the facts. l have laid down the priaci-
pies by which l expect to be guided in
kmy evisceration of the facts from this i'm
nense mass Of evidence, and if have sue
tceeded in convincing you that | am cor
rect as to the law, which l think | have
for perceive that my remarks have been
received with considerable attention on
all sides for which | thank you, and
believe have produced the desired effect, l
believe I have removed from the minds Of
Senators the strange and curious notions
| asserted by the managers If have laid
/ down the principles by which you are to
be guided in investigating the facts Of
this case, think you are perfectly salts
fed that If you adhere during the inves-
tigation to those principles, and examine
the facts with those lights, that you are
Z bound to come to the conclusion that &.
=, H. Wicklitfe is innocent. | care not how
much against your personal prejudces,
for have no doubt that | am addressing
kome whose minds have, to a certain e1-
tent, been biased and prejudiced against
y my client, resulting from variety of cir
cumstances over which probably ne had
no control. You may entertain the idea
that a great many sins have been commit
ted by the party of which he is member,
and you want a victim, and you found him
an easy victim-because it is demanded
10y public sentiment, as expressed
in the public press; but when
we come before a court Of justice for the
purpose of having our conduct investi-
gated, we expect all these prejudices to
be laid upon the altar of justice, SO that
when he kneels at this altar for the pur-
pose Of supplicating from you nothing
more than justice; it is hoped and beIlev-
ed that you will be guided by those great
principles of right and of law which
should actuate tribunal of this character
to which the political destiny of the State,
so far as its officers are concerned, mas been
entrusted
Senator Antoine: If the Chief Justice
will permit me, move that we take re-
cess until seven O'Clock this evening.
Mr.. Manager Lowell: Mr.. Chief Justice,
am I TO understand that the counsel Is
= through?
!. The Chief Justice: No. sir; the counsel
is not through. The counsel took his
seat for the purpose of permitting the mo-
ton for recess to be made.
= The motion to take q recess being
adopted the Chief Justice declared the
court adjourned until seven o'clock P. 81.