Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1870-12-17

Church Services To.Horrow.

st. Marys.-Mass at 7 and II a M, and YES
pers at 81 .. m.
First Pres1yteriam.-sormon in tie morning
at night.
Second Presbyterian.-Sermon morning. and
at plight by Rev. DR.. Bullock.
Methodist Epascopak.-Sermon in the morn.
ing and at night by Rev. Mr.. Haynes.
in tho morning and at night by Rev. DR.. Hough.
Methodist Protestamt.-Sermon ut II q. m.
and revival services ut night. by Rev. Mr..
Benson.
Bopti,t.-sermon in the morning ard At
night by Rev. Mr.. rgland.
Village C~hapeL--Service in themorning and
1T night by Kew. Mr.. Ljghtner.
AIesc1dria Christian ASsociatiom.-Sundsy
prayer meeting in the Baptist Church, at
4 p. m. Daily prayer meeting in the rooms
Of the Association, IS King street, at 4 p. m.
German Lutheran Service at IL Il. N. at
the rooms of the Christian Association, by
the pastor. Rev. K. A. Bischoh.
The TRIAL OF BoswELL.-We have already
published a synopsis OF the opening speeches
Of the counsel, and OF the evidence. ia the Dos.
we'll trial. The following is a report Of the Gun
clusion of the trial.
Mr.. g. ". Wattie<, one OF the counsel for
the deienca. proceeded To rea! the Instructions
WulCll Lii : ~ Spu-t oShSa !" W Si'Nh W. NV
jury.
Capt. u. l. Smout argued against them.
and coutenled that the Instructions We're not
law, and that the first IN reality maintained
that il a party made him self drunk, aad then
committed a crime. then he was excused there
by. tie read various authorities to sustain
him that voluntary INVESTIGATION vas 90 excuse
for a crime lha. tee iutoxicatiGn Which tx
cussd must have been The remote, aud not The
Immediate cause OF insanity and tho second
instruction would lead the Jury to believe that
the Court considered the prisoner insane.
Mr.. WattlCs conteuded that the Instructions
were proper. The Law which the Common
wealth Attorney had stated was tho law
which was applicable 10 the dark AID bloody
days which had preceded the coming OF civil.
~liZltion AID Of sympathy for human ihfirm.
ties. the days when 20 mercy was shown TO a
prisoner, not even cDunse! being allowed him.
Such, he claimed. was DOT the law DIV. La
those Sites where murder Was divided into
INo degrees, il was competent Tor the defence
to show any status or the prisoners MAD
which cid way with the idea tina: the MUIR
der wa wiltu', deliberate aud lremeditated,
which three thing must ali concur in or.
der to constitute murder ia the first depree.-
He read from various Authorities to sustain his
proposition. lie commended that the sscoud
instruction did not lead th4 jury to believe that
the Court thought the prisoner insane, tut
presented to them the question whether tie
habltual use Of intoxicating liquors had not 80
impaired the mind OF James Boswell as to
have rendered it impossible for him to have
been aware Of what he was doing when he
committed the murder; hat be was not the
responsible person which the law takes notice
OF in order TO punish.
The Court refused the instructions asked fer
by the defence, and prepared other Instructions,
which were excepted to by the detecc..
Mr.. Smoot then addressed the Jury in BE-.
half of the prosecution. He said he had for
two days, alone and unAided, conducted this
case. opposed by three learned gentlemen, who,
in their management Of the defence, had re.
hected credit upon themselves as practitioners OF
the law. That now he was wor0 out. lie
then reiterated what he had said in his Open
ing, and claimed that the evidence had borne
him out in his assertion that thu murder was
wiliui, deliberate, aud premeditsted, wllful,
FOR be must have irteoded to Kill the poor girl,
otherwise, why would he have thrown a brick
bat, which, 90 matter where it struck the Girl,
would cause death; deliberate, because his ex-
preston before the murder plaio!y showed he
had rejected upon what he was about to do;
Dremeditated, because the very selecting OF a
weapon which would cause death showed that
some mode of killing had been determined
upon. And he begged the jury to bear 10 mind
that there was no time fixed by the law in
which this wilful, deliberate, premeditated
plan of killing must be conceived.
Mr. +. l.. Smith, for the prisoner, then
addressed the Jury, reviewing, at length the
testimony, and applying to it the law. The
following is the conclusion oil MIR. Smiths
speech
THE human MUD, nay, the whole Of man.
mind, body and spirit. Is 4 strange ard wonder
tul piec, Of machinery, showing the vast wis
dom of the Divine architect. The ultimate re-
lsticnsbip and sympathy too between mind and
body are such that no human being can fully
understand them. How and when Influenced
by disturbing causes often battles all human
wisdom and learning, end We are disposed TO
say, it ia wondcrous strange THAT a harp with
q thousand strings can keep in tune SO long
II then, gentlemen Of the jury. we have sue |
ceeded in establishing the legal incapacity of
this unfortunate youth to commit the crime
wherewithE he stands charged, will not that
account for a course Of conduct which | am Tree
20 admit has given him an evil name 10 this
community. and although, gentlemen Of tho
Jury, this is excuse enough, allow me to say, |
10 the language Of the poet, that None are
all evil" Sirs, there Is a green spot in every
desert, a tender place in every human bosom, |
there are chords of sympathy, which in the
most wicked and depraved hearts respond
when properly touched, We know not how
Heaven forbid. gentlemen Of the jury. that at
the bar or elsewhere, | should be found jus,i-
tying q violation OF the laws Of God or man.
The mission of the advocate. and his sworn
duty too is to present fairly, but with earn
estness aud zeal, the law and the evidence.
1t is, however, due to frail mortality tina, we
should not deal too harshly with our fellow
man. You are all doubtless familiar with that
Instructive scene in Bible history, where the
Scribes aud Pha1isees brought before the Sa-
viour OF Mankind, woman charged with sin,
and demanded that according to the law of
Moses she should be stoned tc death. $50
when they continued asking him, he lifted up
himself, and said unto them, lie that is with
out sin among you, let him first cast a stone at