, 1876-10-21

f1fG1jf jftpN st ,inif hat
rYtrar, ~, ii taninr VA ad adm.shio ~ hs
frs ,hn,n nnntt - ho "e',a ..an,"ri ~a1,r%
;uu sh"t yna IL tro Ia lin ,,sv ,,nn,, lin n,trs-
lin =; n,nsh,ncnt, " ott'crw;y.o III" thav woii hc
cnmfnsdP P"'''s's' WILMA" "'ee '"'J """'' w
eo"'1ee"' ,vr ~
Thu cou,.-rrt. - ncc,'.aI ~ In. ,,oer tr,sctca
for r.Icr mi IL m i'll, f,r ~ tlo niYan.n' Tho
prosecution i,as introduced eviicnec tending 10
ccnsc IN rarra"o " M ~ noro fr II m a' An
atcrcation snn u1ar 49, vE' ta,n1te ~ n H.
itnnf,ri betnu Ink hv IN. 't acc,.e II anpears
a1sn thnt rrnvt"ns Il S thn shnntinr inv Ind
viii VIII ti liz na{rc IT tint 's tak Nv s Now take
tat nnxcJ rns" a. n .tnni,s md Il nrcaei,}s one
ri co1 hnoInJ musIcr Wnat @ iii he 20 t}cro
mi ivhat ,vns III +,,iaetnn1 liz went there.
q q @ assassnatinr @ iii aHford n V i, eoil blood. fake
s ssc s e m ee,f @ 9@ e G op Gpsnaqs sna s 81
cyi,jcnre ID oi1nraT In support Of that
uapcr' which tf,ry nToisoec to slow was anon
ymous. waa wrtf{cr hy Mr, iInnfori1, sent to tho
Gum1nnn t,ounrij. tjint Il wns uscl there by
beiIlr read nrhlfciy. anii t,at tho accused was
"g IT to tn,onand t,v Of Is sonterts tat c ook
sj,p M Of II. md Ind il with lin IT. thc time ho
wcnt tn iianfori,s house, and tlat l,o read a
norton to linn, a,,i, as Understand the theory
II tho defense, 10 made a certain assertion IL
by thc acc,,sc,i sinon ilanforti. Now tLcu. II,
- ~ eonecde' con f II ilc Ind portion Of tho % rapcr
viii lin, IND rcati II tl,ero, and that papcr
ea !; SsS,sa ss 3 ,is g %
the IN rules e % Of law, as tho common Iaw louka
chnr,sohiv nnnn tia inf1rmitics Of hnrDRt,
natufc,-:we iii concclo tiat,-if tic paper was
Of The nature suggcsted and was calculated TO
as a twtredncd sword. IL NAV l,e That tc went
tl,cre fnr rcvcnre. hit II. as they tia tofensa}
propusc to prove, he went there simply on tllo
fnission OF having llnnioril give aoi,lc paper OF
tv that ,oclent u it, IN W the morning papers,~thas
tint wns his nurtosc. md that he I,a{l not prc-
yonsiy nrtncd himself Tor the purpose Of going
therc,-if his having tho pistol with lllni was
merely II accerlance yit!, ahab|t Of carrying +,
cascl Docs It not tend to do sol
a caso to a judicial mlnti--ona In
tic habit Of considering IL ,as m
cnt!ty-neludes what Is called tie res gcstm,,
| In legal contemplation belong to Tie case. II
tllo article was d proyoeation originally offered
| in tllo Council, aud q conversation ocet,rs In
which nanford ,na.lo certain assertions, al
ariscs which is spoken Of BY blackstone: 1t is
revival OF tlc proyocatton before tho killing It,
scif took place. All these arc questions Tor tho
| Jury, Nov, il tho defendant went tlcrc-tn
used, It is Important for tho Jury to knnw tho
statn Of nljnd in which he went there. That is
tin esscnco Of this case, It is motive; It
il Intent. Tho Jury want to know,
Witch / do not admire very mucl
hecai1so It Is vulgar cxprcssio,l. tho true III.
| wardncssn Of this man when he went tllcre,-
whether he went there tor the purpose OF re.
to ei Wi,ho,d i,e publication Of tic articio IN tl.s
morning papers To say that tho caso was Just
Whit took t,lace In front oi air. Hanfogl's stops
would ho simply to say that you may take tllt
case Or face Of watc', without any works IN Il,
e. not tlo 'c casp The caso includes all TIC trans
actiops that started this affalr, and down to its
cotclusto1,. Not tlpt everything said should ht
admitted in cviicncc,-what he said to his wife
OF Ills wife satl to lim,-but tho general CYL
ilcnce as to what he understood to bs
tho character OF TINT publication ought to bt
admitted, because tnat Ia what bore upon htt
mind. And # Is admissible upon thls theory
whether, considering tue situation Ut t1lesc tTt
parties, this man and his wlfe In society, i
would be NATURAL for such man % he' With hi
character, 70 do anything Of ttat kind, ~ orllel
to arrest the publication OF tho artic!c. lit
would. .,o extremely anxIuus to arrest tho pub
question about his anxiety It would he ncecs
eary to show the character Of 1t, would It not
AS to tho rules Of Inv, tho rules Of Tue coinItn'
law are lxol III certain scnsc-thcy arc fat'
down. Thc evidence must b. pertinent t. l I'll.
body knows tint. We deal with principles. s.. w "
40 not deal N mercy 1fon ra'en H. .'nt ,as .ase ~
elasticity N tionl. ~ H. H. "uys ~ ~
ttle growth Of the common aa~ ta tsaso "as , u.
such thing as tclegFapl'i yet M1eI y eo!'tc
into Use and CASES nTsc as TO the Ilap''aty Of
person, tho principles o. thu con'1'na Inv w. !.
appllet to TUG telcetapn lust % .ueS sis, MesH y
the old wagons TINT used to travel @ tlle E,tglst
roaIs. 80 mere tho ql1est1oh is' Nnat Ato Ln
Issues bc1ore tllis 1urfi aau tMe Gssat I'M p'G
cH1hent issae III Mnt nnn Htnntt.r,,s tnJ h,',..7