Year: 1869

NO. 81.
in the legal tones which excused or justi-
fed the commission OF murder in answer
to libel or SANDER. The law does not
allow courts or juries to recognize any such
claim of rights, and We expressly disavow
such assumption as cloak for crime.


Neither can we leave uncorrected the
grave proposition, for the first time heard
in courts Of law, that "the atrocity of q
Libel, or the circumstances under which 1t
was published, take away from the homi-
eide every attribute and characteristic of
murder" If such murder was done by iy-
ing in wait, or wilfully, deliberately, and
premeditatedly.


If these facts are established, no law Of
God or man admits Of their ignoring or
avoidance. Courts and juries are to ad-
minister law, not invent or eyade it. The
evidence must be such as satisfies your
minds Of the truth of the allegations of
offence in all material particulars, and, if it
be circumstantial, must be such az ex-
cludes every hypothesis except that of
guilt. The evidence, whether positive or
circumstantial, must satisfy your minds of
its conclusive character. We instruct
you distinctly that the decision of the facts
is solely and exclusively for you, and with
you alone is the responsibility for their
correct decision. No word that We or any
other person may have uttered concerning
the facts should have the slightest influence
except as they are approved by your judg-
ment. Yourselves alone must adjudge the
value, aud ascertain the legitimate and
proper weight, and having done so, announce
your decision according to the evidence.


The presumption Of innocence attaches
to the prisoner at the bar until the evidence
in the case satisfies you (afirmatively) that
the offence alleged in the indictment was
by him and such evidence must
satisfy you beyond reasonable doubt
growing out of the evidence that all the
facts alleged in the Indictment are true.
The doubt must be a doubt growing out
of a fair and candid consideration of the
evidence-not suppositions merely; end
having so considered, may you justly and
truthfully decide under the law and the
evidence.


We commend this cause and all its i'm
portant issues to society, the Common
wealth, and the prisoner at the bar, to your
deliberate and just finding.


A FINAL BILL OF EXCEPTIONS.


AS soon as this paper was read from the
bench, the jury retired.


Mr.. 0uld said that defence would except
not only to this charge, but to the right of
the court to deliver any charge under the
circumstances. A controversy then took
place as to whether the charge and the copy
Of the Southern Opinion containing the Ii
bellous article should be sent to the jury
room. The court finally made an order to
this effect, and the papers were laid before
the jury. ......


WAITING FOR THE VERDICT.


In the interim of the retirement Of the
Jury the large crowd which had attended
during the morning awaited about the court
room with eager anxiety. The diminution
Of the crowd was so small as hardly to be
perceptible. The progress and merits Of
the case, the argument of counsel, the
Judges charge, and the probable result,
were all freely and fully discussed. Bets
we're frequently offered as to the verdict,
but there were but few who would bet
against chung jury" The prisoner bore
himself quietly aud apparently without
discontinue during the trying time, and
occasionally with friends who
him. In the midst of oil this,
and at about 315 o'clock,-a little over an
hour after the retirement of the jury-the
opening of the jury-room door attracted oil
eyes in it's direction, and the busy hum of
voices was instantly hushed. The voice of
the Sergeant, "Make way for the jury,
gentlemen" made their expected coming
and thousand speculations, in
whispers, told of the great and increasing
anxiety Of the crowd as to the result Of this
ever-t to aforementioned trial.


THE yERDICT-NOT GUILTY.


The suspense grew almost tedious as the
Jurors slowly took their seats, and their
names seemed doubled in length as the
clerk called them over. Every voice was
nushed, every ear was pricked ready to
hear the result, and every eye turned
eagerly toward the foreman. The prisoners
lemeanor remained unchanged save for a
slight tinge Of anxiety which seemed to
overspread his countenance, which grew o
shade paler, made in appearance more 60
by contrast with the dark shadows under
meath the eyes. The jury being called, the
clerk asked, "What say you, gentlemen of
he jury-guilty or not guilty 2" To which
me foreman, Mr.. G. G. Berry, Of Alexan-
iria, replied, "Not guilty."


IL IL &c
applause among the spectators by way Of
he clappipg Of hands and the stamping of
feet. No cheer was heard. This was Of
put moments duration, however for the
Deputy, who seemed ready for it, promptly
checked any such demonstration. The jury
was then discharged; and the Sergeant
made proclamation that any one who had
anything further to enter against James
Grant to show why he should not be dis
charged ne should come forward and make
the came known.


No one making any reply, James Grant
was declared acquitted of the murder, and
the court was adjourned.


The rush of friends towards Mr.. Grant
10 extend their congratulation was SO great
that it was many moments before he could
leave the courtroom. He subsequently did
90, and quietly repaired to his residence.
Neither Mr.. 4. a. Pollard nor his brother,
the Doctor, were present when the verdict
was announced.


THE BASIS OF THE VERDICT.


We learn from an undeniable source that
the verdict of the jury was not founded
in the slightest degree upon the plea of pro-
vocation. The minds of the jurymen were
generally decided before any evidence upon
that point had been offered, and there was
but little difficulty in coming to the final
combustion The instructions of the Iudoe