Year: 1869

/
| portant trial, and the announcement that
tho case would be given to the jury filed
the courtroom and lobby to overhowing
with eager and interested spectators.
Mr.. Gilmer at about IL o'clock resumed
his speech, interrupted by the adjournment
on Friday night. He briefly reviewed the
| evidence, which he claimed connected the
accused with the crime, and then passed to
the consideration Of the second branch of
the argument for the defence. 1t was a
subject which he approached with hesita-
tion, and would not have broached at ali
had he not been compelled to do SO by the
evidence introduced by the gentlemen Of
the other side. He did not bring that paper
into this cause. He did not drag the fair
name of a lady into the court house. Sooner
would he have his right arm cut off with 8
dull broad-axe than say aught against the
daughter of one of his most honored friends.
With the accused rested the responsibility
of bringing the libellous charge again be-
fore the public. They had done it, or so it
seemed, to show that the deceased was un-
worthy Of sympathy, though shot down
from an ambush in cold blood. Was man,
because he was rashly brave, because he
vas frequently imprudent and did many
things he ought not to have done, because
he was the "tyrant Of the press "-Was he,
for these reasons, to be killed like dog
What was the press worth when edited By
towards and supervised by cravens? Be-
| lieying the sta atements in the article true,
Pollard was brave enough to publish it, and
to take the responsibility.


Paying hig Oh compliment to the speech
of Mr.. 0uld for the defence, Mr.. Gilmer
said it reminded him of the eloquent and
mastery effort of the same gentleman on
another occasion-when he prosecuted
Dan Sickles for the murder of Philip Barton
Key.


Mr.. Ould: suppose you know the re-
suit?
Mr.. Gilmer: Yes, sir. You took the
ground then that now take, however.
Mr.. Ould: Well, I'm older now and
wiser. am now more confident that the
prosecution often falls into errors.


Mr.. Gilmer said the eyes of Christen-
dom were upon this jury-sitting, as it was,
in the capital OF Virginia to say whether
assassination is proper mode of settling a
quarrel. If the ibelling of the family of
Miss Grant was on outrage, how much
greater an outrage was that act Of asaassi-
nation, and how much more did it stain the
honor and integrity of Virginia. A SLAM
derer is wicked; no punishment is too great
for q seducer; but the assassin is, of all
men, the least deserving Of mercy. He
closed with an earnest and impressive ap-
peal to the jury to consider well the evil
dencc, not to justify the dead but to secure
the living.


After an intermission of about half an
hour Judge Burnham made the following


INSTRUCTIONS TO THE JURY.


Gentlemen of the Jury,-We feel it is
matter of sincere felicitation that 80 far has
progressed the investigation in this case.
The solemn duties OF court and jury are
about to specially commence and for our
part, however delicate and even painful
they may be, We shall erdeavor not to
shrink from their performance, in all their
length and breadth, in no wise avoiding or
neglecting any portion thereof, as we are
accountable to the people of this Common
wealth and to the Supreme Ruler of hu-
man destiny. We believe that you also
will come to the consideration of the cvi-
dence with a just appreciation of your
duty, and that, laying aside from your
minds everything but the evidence, you
will give it, under the lao Of Virginia,
and under your solemn osths, careful de-
liberation, and from it draw just conclu-
sion and verdict. We deem it due the dis
tinguished gentlemen who are counsel for
the defendant that We should set forth the
causes which move US to respond to the re-
quest of the Commonwealth attorney for
instructions to your body binding upon you
as the law of the case.


The functions and duties of the parties
concerned in the trial of cause arc as
various as the parties themselves. The
duty of the attorney for the Common
wealth is to carefully present Indictment
of the facts to the grand jury, and they
thereupon to say upon their oaths whether
the presentment be or not ga true bM";
and then, it having come into this court,
to present the evidence to you and his
view thereof-the attorneys of the defend
ant presenting all the facts and law which
make for the defence of their client. Your
body is charged with the reception Of, and
truly estimating the sworn evidence in, the
cause, deducing therefrom ga true deliver





prisoner at the bar" and our duty is to de-
eide questions which arise inter ala, and
to inform you of the rules Of law which
must control your action. Sitting as we
(ike yourselves) do, without the range of
the excitements attending the trial, its in
terests and passions, We are charged with
the correct expounding of the law and its
just application to the evidence, not for
the Commonwealth, or for the defendant,
but as it truly is bettoeen them. As it is
given to you by US are you bound to re-
ceive it. If We shall err, the Constitution
and the law provide a superior tribunal to
correct and direct Us otherwise this bench
would be but moderator of public
meeting, the preserver of the public peace
between the contestants Of the forensic
conhict-a position and duties SO mean as
to be spit upon in disgust by any one fit to
occupy the place or perform the duties at
tached to it. This is not new OF novel, but
is as firmly established in the just admin
istration of the law as the law itself. Your
duty is to try by and under the law as 1t
iS-not as you interpret it, but as you find
it. Neither we nor you are lawmakers or
interpreters and you cannot, under your
oaths, do aught else than decide the facts
and apply the law rs it is given to you, or
as it is. No higher or lo,oer law exists in
this Commonwealth than that law which
has been duly made by your representa-
tives in accordance with the Constitution.
No law of nature" exists to absolve you
from your invocation Of the Almighty that
you will "well and truly try and a true
deliverance make" according to the evi-
dence under and in conformity to law.


Neither We nor you are vested with pie
nnru nnrrara nllnHiny 1ls or vnn 10 anniY