New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-01-11

The nrisoner-That il "a One epocch. Judge l protest
nrainst scovile abusing mo,e Lev him go TINS
time aA1 Le viii not dvitas.in
Mr Porter wcus GA with MS argument There had
be-. question. he sud that uadrr the news order oil
iorsI ir.sDIty-of vaic1 SdUka not the inventor
hut thr i,tu.rc ,ooli boo 500 uauce where ther" Il
Intense rtpraty thtt whore there T. Nrsetnr~s t"such
eAtcu' 80 lo con o., mts action. 'd t'fc'"'h VIC
hand With iaurI sHl ls Conscience with the gum "t
i4rrr utrisr. frf.rr, un1 a~-.u Che Father Ell" Ms al
has intern ...i o. ..l. uIHt when mtr is so Intense
81 cca..- 600 exist. ibat when tbc vii BE- mas ,rr1 10y me
in-lsntior ~ tlr DEVIL p,iae sh,lt OF protection "
thrown over trc criminal Counsel for See prosecution
dii not So believe Toy denied that " was the iH"
Irs friend MI DIyldtl anf planted mmsef solely and
tu.r,, i. lc-trd tu aD question of msuoe"h eta'-
ut, OF the Uat.t S.f.-. watch assi,cl thr fact that
thor, nigh q, aui1icde Nlfto1t mcc1nd no' RESULT
fns here 81. DEATH aud vhirA provided i'r That clSr
There had hrcn many such homitdes, OF me
murder 90 Garfield was NOT ono ~ thDu Tint case was
mt .Iu t.at statute A.t she opinions OF 'nch eui'
renr gr-,. ~ Judge Curtis ana Jud:e clifford be had
sun pos. mat ,4at qlcs -,n % end The cases
in which to-c opinions we,t given were recent eases
TAcy we're both which tor law - lt down -
r. bad been 'aid down u the NrNtugtcu c1." ny fhh
Judges .Dd law lords OF England. Ills IIeI. had
gone further and had cited the DEE is'n of Nr supreme
Court Of t1c Cntoi states. which finally declared tie
law ta BE- MAT tlc criminal intent demanded iL ilc IN
dct neat wac oul, TIA, intent wu,ch the law presumed
from ntroDty the a, n.t from the circumstances
clifford bad said that that was au iu-Norlhc conclusion
oflw Il ~ mt c0s, Die Homer graycv asked 20
stat, thrt u, tL cyl cnr,. fr Jury S""uii Add That
there was actual ,Ial.cc-ot uc evidence OF tn-
prisoner lim-clfhis Hon should override The law ana
cav Tint tc ptc~uupo. oi Jaw ., r,peed Dos the oatn
ofthe prisoner H. Honor also arked 20 lct Jury
assume - province and declare what is aoe 10 cases
OF murder.
ILavc no doubt, lac continued. that they wo1ld dis
charge tlas d-y flitfgV huf whlt object 20 T. that
youf Honor should ablca.c your judr.I functions al
the request 81 th, prisoner l send question o ag 10
The iur, box wui,h, >GIrit. yon Honor hn" No m IRE
night TO than they have O. su he question Of fact 20
the bench. aud know hit Hout Honor viii not 10 It,
But this trial is 10 memorable IA after times. and DO
not care to permit such doctrines to pass unmarked
certainly moi To pass without protest In behalf Of the
Government are told that these point,ue ~ ar
ray Of law books ANTICIPATED decisions, anuguated
my style Of oratory Uuuappily never studied In
school Of coCuuon ant never consci'ntously adapted
myself 20 anything except just what happened in the
providence Of God. have accepted II a, gif OF my
Msser criticisc mans dice. uo mans rocnion. no
mans motives unless NJ makes them - ansparcnt as
call Tor their condemna Ion IA court OF Justice
unhappiiy hid not have the advantages which Guitcau
did of -tud ing the foot Of this Gnalic pointing to
RooytlleJ Whether my manners or morals would have
been Improved n he had been Instructors FOR oilers
Tor Judge But certainly he cannot claim that
the disc pie whom hc produced The result of bis teach
ings comIuends him TO appropriate instructor
youth refer not to antiquity. refer 10 book
puni-hcI IA o revised form IN 1850.
TIE LEGAL MEANING or THE TERM MALICE.
MI Porter then quoted from first Archibald, Criminal
Procccdings TO define the legal meaning of the term
"Iasuce." 1t sufficient" he quoted, that the CIR
CuuI,tunccs show crJ,ty and mausHlty. carrying m
them U4c plain indication ~ d,pIa,cl. wicked AID
malignant spuL" It,s,-o laid Down tuat formed de
c,sou discovering &c ihrr.te ut,uuou was malice
tn.ess g.. prisoner Is tI..".ro, c'n'n ,'a W., Loi.'f
eih lnit.NI '''I-i" .''''- '' OF. ~ .'''.'i