Year: 1859

trace any similarity it will be for you to instr
tute and perfect tho comparison; it is not in my
power.
There arc some other matters to which shall
very briefly allude before | proceed to the dis
charge of the important duty which has been cast
upon me by tho concurrence Of my learned nssoci-
atcs on tho part Of tho defence. and the only re-
grct can experience in entering upon tho dis
charge of this duty, is that shall bo called upon
to impose upon you n heavier tax than under 9TH
or circumstances would be reconclnble with pro-
priey. There sopic fentures ofthis trial, gen.
tlemen, which arc to be borne in mind by you at
this time. In tho first place. most extraordina-
ry occurrence transpired in the empanelling of
tho body which is composed by yourselves.


You have heard tho explanation of the learned
prosecuting officer of this county for the he
then pursued. But you were cnlled upon to wit
ness tho spectacle; tho court had no alternative
hut To administer the law; tho objection was u
matter left entirely with tho district Attorney
You were called upon to witness the moving spec
taclc of the son oi misfortune, thrust from his
rights for no other rcasan than because he Ind the
misfortune to be unfortunate.


u does not spenk strongly in favor of the intel
h gcncc of the law, and you will remember how
soothingly his Honor expressed himselfat tho time
hc was forced to sustain these objections because
he evidently dcslrcd to avoid nlcting anguish up
ot, the bosom Of thesc unfortunate men. You will
remember how tculcrly his Honor expressed him
snlt Mt tho time hc chilled upon to sustain this
ol ics'innl say that il speaks not strongly in "a
Hr oi the law, and FROM what trnnsprcd at the
time this objection was discussed before the court,
it appears that this feature of the lnw has about il
ap error If century 5 n,c


Another feature, gentlemen, to DO regarded
bout this rial tho appearance of extra counsel on
tho pnttor tho prosecution. | nm informed that
atra counsel have not been assigned To this casc
By the net pithc governments AMI it will be for you
n nj hone Ia Iprp may hp A In OH in
tic appearance of extra counsel, how far the cxi-
gtncics Of this Justify the appearance extra
coinscl upon this occasion.


Another feature of this case to hc borne in mind
by tins jury, is this: The extraordinary character
of the opening lay the learned counsel for the gov
crnmen, 1t was nn able. il was nm eloquent pro-
duetion. 1t reflected credit upon the mind from
which it emanaled. for it was marked with high
"rdor If ability; but it will he for you to sny when
you pass that opening IN review before your minds
whether or not it was warranted by the humanity
that should over attach tsclfto his position. You
will remember the extraordinary expressions of
"tlie prisoner coming to this carnival of his be-
ing walking mngizine." of his adding mutl-
laton To murdcr." Of his standing brascly over
his victim, ns ihoug gh with dagger drawn ready to
plunge in his bosom


Gentlemen. TO have heard this opening YOU
would hnvr thought the learned counsel .ior the
government was describing cnsc Of the most de-
i'"fHF nolhi'1uf hhI N'f thc case nc was dcScrt"
hing was the ease Of II man who, whilc acting In
n aud under tho influence of n sense of right,
was. at h" time, no doubt entirely bcrot of his
reason. At tho time he alluded to this 'masa-
zine which he described ns being in the posses-
sion Of this defendant, did it occur to the learned
counsel for the prosecution to describe also, the
Weapons that were i'll the possession Of tho seduc-
tor for. with his opern glass and white hnndker-
chief he was capable of carrying death Just us Ger
tainly to the dpnicll of this defendant the wea-
rons with which the defendant provided were
capable Of carving denth to him.


The sight Of that opera gnss and all these
other appliances with which this man wns fur
nished, in the prosecution Of his unhallowod
purposes were Just IA certain death to the hap
pincss and hopes of this defendant, as though the
pistol Of this adulcrer had been presented mt his
hrrnst


Another feature, gentlemen, Of this tral-nnd


think it proper Ia present these features TO your
mind at this stage Of my Adlress---is this: You
will remember that tho learned counsel for tho
government in questioning one of the witnesses,
asked him to describe what he saw at the time of
the occurrence which led to the death Of
the unfortunate deccased. You will remember
TINT the witness TO whom that question was put
desired la state before the court aud jury all that
he saw and heard upon that fatal occasion.


The learned counsel Tor the government roso in
his place and protested against the witness stating



tlcmen, made an admission in the hearing of this
nry, which it seems to me, Mt all events, to be
ortunatc so far rs the success OF this prosecution
is concerned, knowing that some of the witnesses
might testify TO Il fact which possibly might de-
tract from the aggravated hue of the occurrence ns
sought 10 bo put upon it by the testimony for tho
prosecution. The learned counsel for the govern
mcnt stated that he put the question intending
that the witness IN his answer should discriminate
bctwecn what he saw aud what he heard. You
will remember, gentlemen, tho honest judge
upon the bcnch--nnd | never forget that oc-
currence; no, not even TO tho lntest hour or min
ute Of my cxstonce.-you will remember that not
in spirit Of severe, but rather of kind rcproof no
said


"When a witness is put upon this stand no mat
ter how he is questioned, he is put hero to tell
nj. the truth. and nothing but tho truth and it
is the duty of the court TO that tho witness
is protected in stating NIL tho knowledge which
he may have gained upon tho occasion in ques-
ton"


Now, gcntlcmon, ask you this--why is it that
this prosecution is thus technically managed? Is
there anything behind which, if it escaped. would
satisfy this jury that this is an unhalowed prose-
cution? do not mean by this to impeach the in
tcgrity OF the authorities i'll any way--bu} by an
hallowed, mean rather in the sense that it ought
not to succeed through the nstrumentality of IN
intelligent jury.


Is there anything in this prosecution which
requires that this case should be tried in the
way it has beon--that from this jury all but
prorerty-holdcrs should be excluded in
the opening address of the learned counsel for
the government, the occurrence should be pre-
sentcd in hues whch the facts do not impart to
it-that the addition of extra counsel should
be made in order to sustain the prosecution,
and that the witnesses should be examined in q
particular way. to exclude from the ears of
this Jury that fact, which, when il become part
of this case must incline the scale in favor of the
Ia( II Ia