Newspaper of The New York Herald, January 30, 1842, Page 2

January 30, 1842 Tarihli The New York Herald Gazetesi Sayfa 2
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t 144,) it waa expreasly held that the Court* of the Slate hod oo j urisdiction for action* brought upon.on infringe meat of patent right*. It veiled solely tu the Circuit Courtaofthe Uuitod Stairs. That too* an aation on the cooc in i,.via-.fori \ ?. I an lijjn, (9 Job* Hep . &e\!, Chief Justice Kent repeat* the dootrinei of Pantn va. Harnjid, that the Federal Court* hooo onclusiva ognizance of the infriugenieiit of patent rights Justice Thompson (p 507) state* the aame^w. The late caae of the State of lllinoii u. fjTlaficW, to which I have been referred, aroae under the clause of the conatitutlnn reapectiug controverait a between one State and citizens of another, and i* governed by the distinction 1 have noticed. I contra* my inability todutinguiah the preaent bill upon thia question, from an action for auinfringement of a patent. It i* the preveutiv e remedy of this Court to arrest the continued violation of a copyright in it* legitimate sense?a right now springing from an Art of Congreas solely. However, thanzh not the declfivn nf lt,? lw.j.l r ,k. rvMa I ?V,nllt)tn that which il constantly done in Knglmid, where the right is doubtful, diiiolve the injunction, upon the defendant * un.l rtaUir.g to keep an account. The complainant being at liberty to bring an action at law in one of the S'lte Court*, to telt hi* right,either now or upon the coining iu of the answer. (Sheriff v*. Coati >, 1 Kuss. and M. 10S Bar nwell qs. Halcomb, 3 Mj'lne and Craig, 737 ) Thi order will be, that U|?n the defendants, by hi* solicitor, or in person, essigriiiig and tiling a consent to keep an account of the avails anj profit ol the periodical called the AVir Km* J.meet, to long as he shall continue the publication of the lectures of the complainant, or any analysis thereof, the injunction issued herein shall b? dissolved. The complainant to be at liberty to inititute uch action a: law as be shall be advised. The costs to abide the even of this suit. NEW YORK HERALD. Ssw York, gnntlay, January 30, IMS, Close of Colt'a Trial. We gtve to day the closing scenes ol this very extraordinary trial. Yesterday, Mr. Whiting closed the arguments, in o le of the most eloquent speeches, for the prosecuon-??and after a short adjournment, Judge Kent devered his charge to the jury, la this day's paper we give a full aud accurate report of this eharge?one of the ablest aud tnost important, certainly, ever delivered in this city. Some extras were issued last evening, containing a meagr aud ridiculous version of this charge, full of inacco iac.es and gross legal errors. The only full and correct report is to be found in the Herald. Towards aight yesterday, crowds hung round the City Hall?and great interest and excitement pervaded the ritv POSTSCRIPT. At four o'clock this morning the Jury came into Court with a verdict of ^GUILTY OI-' MURPEKJ PfcKwiuKiAKA ?The last Boston journals are silent as death relative to the movements of Charles Dickens. What is the meaning of this nonsense? Is the march of events thus to be impeded? Is knowledge of a new kind to be suppressed, like I);. Motl's lectuies, by order of the Chancellor ? If the Boston journals do not fulfil their great destiny, and give us a full, clear, graphic, and particuar account of the ino\ cinents of Charles, and the attentions paid to him, we shall incontinently command the sun to stand still over the hills of Hackensack, till we send our corps of police reporters to the east, to give us the information so ardently desited. Charles Dickens is not to be slighted 111 this way. Charles is an amiable, good, kind, humorons, quiet, gentlemanly being, besides being as original a genius as ever lived- He is the first born genius in the great locofoco literature of the nineteenth century. It is true he was born in England?yea, even 111 London?but his mind is'AmeriCiiii?his soul is republican?his heart is democratic ?yea, he is all over the great master-spirit, the originator of the locofoco literature of the present age... Let him, therefore, be treated in the proper manner Bad Ice.?We would again call the attention of our readers, and the public in general, to the fact, thit over a hundred persons are collecting ice, for summer use, from some of the filthiest ponds in the ighborhood?ponds that have been tilled, during th" summer and winter, with the dead bodies of hog-, horses, dogs, cats, tec iVc In consequence of th" successful sale of this filthy and unwholesome ice last summer, an additional hundred have embark, ed in this enterprise. Our citizens must be on their gu .'dof whom they purchase this article. We will *?> "jive a list of those ice-houses,with their owners, so as to frustrate the designs of these miserable and dirty collectors. Tit* Mokm.?i?9.?These illustrious saints, propin".; and philosophers liava " planted a stake " in { til'-' city, and now hold forth every Sabbath day. 3 iheir advertisement in another column. Kent*?How are rents to be this year 1 Livery ibing is falling in price?ought not rents te come down too 1 We believe they will have to follow sui*. Scuxr* ix Coxubcss.? Every day only adds a new shade of disgrace to the conduct of Congress. In j e? than i week, the Bankrupt Law goes into operation. Suppose there had been a general system of currency created by Congress to go into operation pwipa??u with the Bankrupt Law,?would it not have worked for the public benefit 1 Tai Pkemdest ?The popular movement proj ec'ed to rally round the President, and give him he csuntecance of the people, is going ahead very as'.. ___________ Philadelphia?No further bank explosion, or t miutt has taken place in Philadelphia, but some of t he papers talk of the "Cincinnati! spirit"?meaning, probably, "Cincinnati! fists." The Millexecm at iiaxi>, on soMrrmxo list it ? H.>nUa *r?? i ! ?theatres closing?and it reallv seems that all such splendid building* will , become euantlesa unless they should be opened tor churches. Certainly doomsday or the milleneum is near. New Books?We'have seldom or never been ca'ied on to notice ?o romantic and soul stirring book or history, as the lite of the Cvchtes* 11.milv Fi.x'nn. n:- newt and truly beautiful work is got up in at style, translated by one of those unfortuuu - ns of Poland, J. hi. tfalcmouski, who was 1. r with all her deeds of prowew, as a soldier it.; att.re. It is illustrated with a portrait, repress . h?r in her military garb?perhaps in the a addressing Iter compeers in the cause *of lib ' recommend the work to the public, as an .11, inte'rcHiag one. President Tyler, Martin Vrt i P-ireu, Hon Daniel Webster, Henry Clay, E? :"-d other gentlemen ot distinction, tire pa* trom ^i m Fmoati: Mwsi -This i.nesteamerhas in atrial trip down the bay and back. Sue was to to work admirably. We have been told by t.who were on board, tnat the machinery snce< d bejoud expectation oopciuivg ?J. lenniinoro Cooper was at Albany a e lost dates. The t?tate Barber is thrown into .i? thereat. Lltil* Bao? sok Ecroii.?fcicam ship Britannia w.l leave Boston neat Tuesday ller letter bagi clone to-morrow afternoon, at Harnden's am G.1; ill's. Mili< Wtuiiia.?Yesterday was so nuid, ilia fi .'ad overcoats were uncomfortably warm .-i lld ?We received yesterday, from Adams A O the Albany Journal of the previous evening. ! ?:* York as? Albasty.?Passengers go through v. l usatomc Railroad, in seventeen hours. . tckkT Mir Gahbkk? arrived laeit Friday, sailti /v 1 Liverpool t>n the l*t!i ult., and not the 3d. Chatham Tite\tnr?A? was anticipated, thi th .Ure wm filled to overflowing last even iog. Oi M< uday evening, in addition to the nnrival led sprc Utie of 1'ndu.e, the in* dun a of the Mecijauii 41.' the Oven, or the Tower o( London, i? to b< produced. This piece Las b< en gol up at gieat ri penae in a Myle heretofore oii?<irp**ed, and wili no doubt richly reward the enterprise of ft mi n age r. COLT'S TRIAL. TBSTH Dav? SATVUDAT. The excitement waa very utenaothe whole of U)ia day; there was a perfect mob around the City Hull from morning till night There was also about forty or fifty females in the Court room all day. The programme of operations was thia: Mr Whiting occupied from 10 till quarter past 2 in summing up The Court then adjourned till half past 3, when they re-assembled. Judge Kent delivered his charge, which occupied about two hours and a quarter in wit- delivery. we nave only room tor the Charge or Judge Kent. It now becomes by dutv. Gentlemen of the Jury, to close the last scene of this long, exeiting, and protracted trial. And if my remark* have no other good effect, they will at least, in the calm and temperate tons which it is my duty, as well as my desire to give them, afford you some space of calm reflection between the exciting speeches which have just been made, and the duly of deliberation which is to follow 1 cordially agree with the observations of all who have witnessed this trial, that you are deserving of all praise for the patient deliberation, unwearied attention, and good feeling, in which you have gone through this protracted trial. You must carry this still further. My duty will eoon be ended, and yours wili begin, and you must execute the task assigned you in the same spirit of kindness?of a disposition toact calmly?at the same time you exhibit the sterner virtues of fortitude and justice. Some allusion has been made in the course of this trial, to the excitement which prevails out of doors in relation to this case. I have always been inclined to think that tins was exaggerated. Indeed,had the Court be1 eved thadthisexcitement wa?so very great,and had extended so far asto preclude a fair trial,that the mind of the community was so far diseased.that the case of this unfortunate prisoner could not receive from it a fair and candid examination, it would have been my duty to have postponed the trial till a season of calm, quiet deliberation had returned. But 1 never did, nor do 1 now believe, that such en excitement existed. It would have been strange indeed, it in our orderly city of New York?in this quiet, dutijul, loyal, and christian community--the public mind had not been shocked by an event so frightful in its character, so terrible in its developments. Although I saw evidences of this feeling, and indeed partook of it myself, 1 do not believe that any other desire than to do strict justice to the prisuuer has existed. Nor do I believe that amongst all the spectators at this trial, nor ihe multitudes who have thronged around this building, that there has been one individual who uulosl * t r\*ie4 tliu wjl inlit *?ot rlnuKf r\C trw.nr nnnuPlfV f A give this cause all that calm and unbiassed deliberation which law and justice require. We have all confidence in you?the Court has kept you secluded as much as possible from the influences without, and the whoie community believe that your verdict will be honestly rendered ; and, of course, be satisfactory to the court and to the country. As for myself, gentlemen, 1 havp seen your conduct,for the elevendays that we have been together, and from what notice 1 have lalv'. n^f your conduct and remarks, I am sa tisfied that there are honest hearts and sound heads among you- Before 1 proceed to a few brief remarks on this ease, 1 will make one or two observations on some of the incidental or collateral occurrences connected witli the ca-e. In the first place, I regretted to perceive, during the last stages of the trial, some | ex acerbations of excited feeling, which were entirely uncalled for. Never were there gentlemen, more entitled to each other's esteem, than they who represent the respective interests of this case. Looking at it dispassionately as I can from this elevation, and impartially as is my duty, 1 see nothing on either side to blame. There has rarely been seen such talent and industry as that exhibited on both sides. The case on the part of the prosecution, has been prepared with an accuracy of detail, an attention to extreme minutiae, never surpassed, although 1 believe that the credit of this belongs not so much to the District Attorney, as to some of the subordinate officers of the police, under the presiding influence of liia honor the Mayor- On the part of the prisoner, this has been met with ail industry and an elaborate preparation of his case, rarely known, and on both sides, as you have heard, there has been displayed an eloquence rarely equalled?never surpassed I repeat, there is nothing to blame on either side ; and with respect to the District Attorney, it is my duty to say as a magistrate,that nothing i has occurred in the whole course of his conduct on this trial, that ought in the slightest degree to militate against his just reputation. He has discharged his duly firmly, ably, and conscientiously, and with the strictest propriety, as far as I have been able to see. Leaving these matters,it is my duly to lay before you the law on this case ; and to go into some of the wise rules and principles which pervade this branch of our jurisprudence, and you must hear it. You are,for all elfectlve purposes, whatever you may be said to be in theories, the judges of law and of fact?and as such, empowered to act; therefore, first hear what the Statute Book has said. And all 1 can say is, as the representative of the government on this occasion, you must hear with attention such ob.-ervations as it will be my duty lo address to you. All homicide, or rather the taking of the life of a iinmiin heinff. is divided into four kinds?iustifiuble homicide, excusable homicice, murder, and manslaughter The latter description of killing is again divided into four degrees. Tnere are, so fdr as your verdict is concerned, no distinctions between justifiable and excusable homicide. It the case come within either, the prisoner is entitled to an acquittal- Nevertheless, the law does make a distinction between them, because in the eye of religion and morality, more blame attaches to that called excusable than to justifiablo homicide; to which latter, in tact, no blante attaches at all For example, homicide is justifiable when done in obedience to the judgment of any competent court. As, for example, when done by a alierifl, when carrying into effect the belief of any court. That of course is quite defensible. The sheriff is the minister of the court. [Here his Honor told the jury to consult their convenience as to standing up or sitting down, as his remarks would be protracted over an hour- The iury, however, continued to stand for half an hour longer 1 Secondly, when done in execution of any Tegaj process; as when a sheriff has u capias put into his hands, and kills, the laws must be obeyed, it is a rare case; but the laws must be carried iato execution; and to his killing no blams attaches in the eye of the law. Thirdly, when in the taking of felons. Fourthly, when arresting felons fleeing from justice. I mention these cases as instances in which not the slightest blame attaches to the person, whom homicide is committed. Homicide is also justifiable in two other cases, into which this ease may come if you so think. Firstly, when resisting an aitemut to murder, or to commit any felony on him or her ; or in entering nnv dwelling or place iu winch such persons may he h ?n atterupT.tor Instance, be made to kill m", I have alright by the law of nature,and the law of the land, to resist force by force, and kill the person so attempting to kill me. Again, if burglary be attempted?my house is ntv castle, and 1 may kill the person who so invades it 2>ow I am not aware th.it .the prisoner's counsel seek to bring this case within this clause of the Sta'ute. The scheme of their defence, dees not seem to embrace he words 1 have quoted Irom this brauch ol the statute. Nevertheless, if yoa believe that the life of Adams was taken by Colt in resisting an attempt on the part of Adams to murder him. or to commit n telouy on htm, then Colt is entitled to an acquittal. A felony means any offence that is punishable by imprisonment in the State prison But in order to disembarrass your mind from considerations that mav distract it, I repeat, that the prisoner's counsel do notseek to bring his cate within tins clause of the statute. Then comes the next clause, into which they do attempt to bring it. Now, homicide, says the statute, is justified when committed in a lawful self-defence, wheu (here shall be reasonable ground to apprehend a design to commit a frlony, (which, I sain, I suppose this case does not embrace,) and, secondly, when there in reasonable ground to apprehend some great personal loj jry Now you will observe, there must be an evident design; Colt must have apprehended a design on lite part of Admit1 to commit a felony, or to murder, or maim him <>r h? must have had reasouable ground to apprehend that Adams intended to commit some itteal personal injury. And apprehension is not en nigh?there must have been imminent danger of such a design being accomplished. For example, il he eiezed and raised a bar of i iron to sinke hun on tha arm, aoaa to break it, or 9 any similar mode of attack, the danger was imtnij n- nt, anl he was Jn-titiablein taking hia life. I stale this case by way of illustration- If will be, however, lor you to say whether this case cornea within this branch of the law If 90, then, the homicide is pronounced not merely excusable, but justifiable, and no shadow et blame can attach to tne prisoner. I now cotnr, to the second branch of homicide J as to 1 which I have said there it a shade oi difference in the eye of morals, though not in the eye of the law. That is, excusable homicide Where the law did , say, belore the Rovned Statutes, that tome blame .ippli'd to the person who committed it ; but nevertin less, in consideration of the (ratify of human j nature, and the unavoidable impulses and passions 01 the human heart, they pr mounted it excusable Here no otience exists at all. There may be two cases ot this, find; when the homicide 1* committed. * by accident or misfortune, such as in lnwiully cor1 reeling a child or servant. That does not apply. Or by anylict committed without evil intent, " and with ordinary care. To take a uso* : il.n.lration of law writers, a peraou in erect " cig it scaffold and using ordinary care in pull . tug down a house and in throwing down his brick I <>rstones a passer-by is killed, tlia act ii evens nl?le, and not ro be punished ; for he used ordin ?rj r ire Th it of course does not apply. Now roine f 'i* other clause, which may apply- When com milted by accident or mirfortnne in the heat of paa sion, apr>n a*f sudden and sufficient provocation, oi uponauddea gombat, without any undue advantage being taken, br dangerous weapon used, or not in a cruel and unfeeling manner The learned counsel for the defegdint, who opened <ne aaae in tbf summing up, obs-rves, that the words " by accident or misfortune" in this case are surplus* ages?unnecessary?have no meaning. 1 cannot adopt that coustruction. I cannot tell von that yon must reject the words "by accident or misfortune" as surpluss ages?having no no meaning. On the contrary, as 1 remarked to him, in the course of the argument, that would bring it exactly within the fourth degree of manslaughter. For that section of the statute would then read tbus-^'ln the heat of passion, upon any sudden or sufficient provocation, or upon a sudden combat, without any undue ad vantage being taken, and without any dangerous weapon being used, and not done in a cruel or unfeeling manner." Whereas, the fourth degree of manslaughter would be the involuntary killing of another, oy any weapon, or by means neither ctuel nor unusual, in the heat of passion. Now, in considering this, you observe, certain circumstances must concur. There must be a sufficient provocation. Now, it has been held that mere words, how ever irritating, are not sufficient to authorise the taking of life. Therefore, whatever words Adams used, did not authorise Colt to kill him. On the other hand, it has beon held in England, that any personal indignity of a provoking character, which appeal to a man's feelings of manhood, aroused the anger of his nature, such as pulling his nose or kicking Aim, was a sufficient provocation ; and if a person killed another under those circumstances, the law pronounced him blameable, indeed, but excusa ble. But two things must concur; it must not be done in a cruel or unusual manner ; and secondly, not with a design to take life. So I differ with the prisoner's counsel in his view of what is a cruel and unusual manner. The gentleman gave two illustrations of what he deemed a cruel and unusual homicide. in both of which I concur The one is an English case, where a park-keeper found a boy committing a tresspass, and tied him to the tail of his horse, and dragged him about, and so killed him ? In England, this was held to be murder; at any rate, death by a cruel and unusual manner. He also mentioned an American case, which 1 had not heard of, in which a boy was fastened to a boat ana towed to Tarrytown- I take these words, then, in their meaning; and if you believe that in this case, although the prisoner hud a sufficient provocation, that the homicide was done in a cruel and unusual manner which may be inferred by the use of this weapon, if the wounds *ere aggravated beyond all reason, why then it cannot torm a case of excusable homicide, and the defendant does not bring himself within that clause of the statute. We new come, then, supposing that you come to the result that it is not a case ot juaifi able or excusable homicide, to the point that tt is t, crime. And it is one of two kinds?murder or manslaughter. As to murder, there are no degrees in it. If homicide amounts to murder, there are no shades iu the eye of the law in that offence. On the contrary, if it he manslaughter, the law has divided it into four species, forming a descending scale, with dilferent degrees of criminality, and to each, punishment proportioned to their supposed intensity have been affixed ; gradually diminishing in extent. First?Let us take murder. Murder, says the statutes, is of three kinds; first, it is the killing of a human being (unless it be homicide or manslaughter) when perpetrated with a design to effect death ? Second?When perpetrated by any act emminently dangerous to others, and evincing a depraved mind, regardless of human life, although not with the design to effect the death of any individualThird, when perpetrated without any design to sffect death by a person engaged in the commission of any felony. In this latter case, if he kills a person it is murder, althoiugh he did not design to kill him, because he was engaged in an unlawful act. The District Attorney, I suppose, does not intend to bring it within that clause. This must come either under the first or second clause, if it be murder at all. We may illustrate the second degree by the case of a person firing a pistol into a crowd; if that takes life it is looked on as a case of this description; or throwing a shell, if you please, or a petard, iutoacrowd; this is regardless of human lite, and evinces a depraved mind; or discharge a wila beast from his custody, a tiger ffom his menagerie, or let loose a mad dog, or ride an unruly horse into a orowd | in all these cases the act was supposed to evince a depraved mind, and was deemed murder. It may be, in considering this statute, that the denSAim'rl n aI mom ko rrnf kavoil fvnm lk a aaaAa uaaJ piavcu ati ilia/ urnawmiM iivm uic wrapuu u?ru, as, for instance, if I should take a pistol, not knowing whether it was loaded or not, and point it at a person, and shoot it off, although I had no design to take his life, yst it would be a depraved act, and the jury would be authorised in finding me guilty of murder. 1 do not know that this case comes within that ; it is enveloped in tenfold mystery, but there is no pretence, so far as 1 know, that it comes within this case. If, then,.murder at all, it comes within the first clause, and was effected with a premeditated design to take the life of Samuel Adams. Now, as to that there must be a premeditated design. Aud here 1 differ from the bistrict Attorney, on the utmost reflection which 1 have been able to give to the consideration of the principleTof law which did exist before the Revised Statutes, and in England- It was said in England, that if homicide were committed by a person, and no account given of it, ihit was in itself evidence of malice As, for example, it a peis.in goes up at noon day, a9 a man did some time since in liroadway, and culo the throat of another?that, the District Attorney says, implies malice in the eye of the law. Now, I do not hold that. It might be ground from which the jury might infer pre-meditated design ; if a person in the full poss-asion of his senses, goes up to an individual and takes his life, and provided he is not insane, why a jury might, perhaps, be justified in finding as a fact within their province that there was premeditated design But I cannot say that it wasevidence ol that malice, which as a matter of law, constitutes murder. You hav? therefore a right to find in this case that there wa9 a pre-meditated design on the pari of John C. Colt to take the life of Samuel Adams; and it so, you will find him guilty of murder But in order to obtain this result, you must find whether there was this premeditated design or not. Now with respect to it, no definite time is fixed by law in which it may occur. It might have occurred before Samuel Adams entered the room of John C. Colt ; he might have been brooding over it for weeks; he mighi have conceived it the day before ; or on the morning of that day; or even after he entered the room, if there was a premeditated design?not in hot blond, or the re-ult of a fracas, or contest But if after Adams entered the room, he did form that design, then he is guilty of murder. But supposing not. Then the qaestioaii, is there any other crime in which the law includes this offence. Th.s brings me to thp consideration of the last of the three branches of crime I named in the beginning? Masslxuciiter?of which 1 said there are four degrees. This division of manslaughter is, per h...... ..I tli> m.?.l nlllxl. U_ 1 _ r . uuv VMV I??cv?v ?' "?VU iua^ui uc lUiiUC, II i person might make so bold a remark. Nevertheless, as it is a deviation from the common law, perhaps I may be justified in so speaking. Still it is our duty to follow it. And yon must bring this case within one of these degrees, if the ca-e justifies it. The killing of a human being, without a design to effect death, by the act of any other, while one is engaged in the perpetration of any crime or mi.-demeanor not amounting to fslony. In a case where it is murder at common law, it is manslaughter in the first degree. Let me explain this: here the law says, when engaged in a misdemeanor, something less than a felony. If a boy should throw a stone, or a man and that should kill a person, the throwing the atone would be a misdemeanor, and the killing would be manslaughter in the first decree. And thus in England it is said : if A, intending to beat B?if done from preconceived malice or in cool blood?it is no alleviation that he did not intend all the mischief that followed. If Colt, reading from an English writer, it Colt then intended in cold blood to beat Adams, intending to go no farther, and in ao doing killed him?1 mean, of course, without provocation, and death followed?that is murder at common law, says Mr. East: and. says our Krviaed Statutcs.ahall be manslaughter in the first degree. Therefore, if you believe Colt engaged in a fracas with Adams, , intending only to beat him, and killed him, it is manslaughter in the first uegree. Manslaughter in f!i#? gmnnH nnrl fhirei w omru mmiLr Pacing over various! divisions of manslaughter which do not apply to this rase, such a* administering dings, and earning the death of pregnant women, and no forth,?the second de grce it this: The killing of a human being without a design to elf ct death, in a heat of passion,but in a era- land unu?nal manner, unless it be committed under such circumstances as constitute excusable or justifiable homicide, shall be deem d manslaughter in the second degree If Colt, then under circumstances, not making it excusable ?i justifnble homicide, killed Adams in a cruel and unusual manner, he was enilty of manslaughter ir ;be second degree Again, any person who shall unnecessarily kill another, either while restating an attempt by suck other person to commit any fe lony or to do aay other anlawful act, or after snch attempt shall hare failed,shall also he deemed guilty of manslaughter in the 2d degree. That is tr say, if Colt in resisting the attempt of Adams ti ; commit a felony, or other unlawful act, and aftei 'he attempt failed, killed him But that is not, I <iippose, at a)I the case here. But then again, thi "' ling i f a human being, in the heat of passion wrhont a desitn to effect death by a dangernui weapon, In any esse except such where the ?illw?i > i* declared to be excusable or inst fiahle hoimeide is mxnslauehter in the third degree. First, it mos hi- lone in the heat f passion; and thea with I dmgernus weapon. This ia the third decree Then, if this ease doe* *ot coaajiitbii tk* deinw of justifiable and excusable Bbnieide?and if it doe* not come within the dtgrpe of murder; nor either of the degrees of raanaiugbter that I hare named; and if ft ia an involuntary hilling of a hum in being, by any weapon, or by mean* neither cruel nor unusua', and ia the heat of paaaion, then it i* manslaughter in the fourth degree. If done with a hatchet, then, I suppose, it i* not disputed that that is a dangerous weapon. I hare thus gone orcr the law briefly, a* I understand it, and 1 nope vou also understand it You hate now to nau on this matter If you require any other informal ion on theie points, the Court will be happy to afford it. I now mailt add a few remarks on the facts of the case. District Attorney ?Before your honor does so, I will jast call your attention to one point, lest you may have unintentionally committed an error. If a petaon kills another by any act dangerous to human life, and in a manner regardless of human life, though not with a design to take life, that is not murder. Judoe Kent?1 said the jury must find it ' se, if they think there was evidenee ot premeditated design. District Attorney?If the Court considered me to sty that 1 took this case out of the second degee of murder, they were mistaken. Judge Kent?No, 1 did not so understand you.

Mt.Emmett?If this be the proper time, I would now ask your honor to charge expressly in relation to that clause of the staute in regard to the words "dangerous weapon;" provided it be not taken np at the commencement of the affray, it is excusable homicide Judge Kent?I consider that as applying only to combats; and done for the purpose of pre treating duelling. You are right in your construct ion if it was a combat If persons went out te fight with the weapons nature gave them, it ie excusable homicide. But reduce it to writing if you please, Mr Kmmett. Mr. Emmett?Yts, Sir. Judge Kent?I will now come to the fmets in the case. Here the first question always asked in considering a criminal case of this kind is unnecesrury by the admission of the opposite party. The first question always asked is, " was the corpus delicti committed 1" That is admitted. It is admitted that Samuel Adams was killed by John C. Coll; at any rate the evidence is demonstrative, and cannot be doubted. In the second place, which is the same thing in fact, it is admitted that death resulted from the wounds inflicted. The only question is the degree I Then, was it murder,or manslaughter, or justifiable homicide. Now, gentlemen, the occurrences in this cause, by the sequeace of events, a vast variety of the proof is placed out of view which ueiatneu as aere many days, into the experiments of firing pistols, and various other branches of evidence, it is not necessary to inquire. But, inasmuch as this has been made the subject of some controversy between the parties, and also of much remark, 1 wish to say a word or two, especially as there has been some deoarture from the ordinary mode of conducting trials. In the first place, we have had the experiments of firing pistols in Court. And that is rather irregular, and might not be very aafe. It was justified, 1 supposed, in the first place, because it was soon seen, that the person plaeed on the stand, was perfectly master of his weapon, and the manner in which he handled it, convinced me there could be no danger,and 1 therefore allowed this departure from perhaps the erdinary procedure in Courts of Justice- Something has been said respecting my permitting the scull of the victim of John C. Colt to be brovght here, fsesh from the tomb?presenting all its awful evidence. Let me say for myself, that whilst I retain my scat here, 1 shall preserve to the utmost of my power that dignified solemnity of procedure?that staid and modest demeanor that hat heretofore distinguished alike Eogliah and American judicatories. It is not often necessary to produce the sad evidences of the crime?ia their original state?especially when they come reeking with all the defilements of the grave. But, in this case, it was thought necessary, because the surgeons did not give so clear a description of the wounds inflicted ; and as it was necessary to adduce all the testimony in our power, I thought ocular demonstration was preferable to any other evidence of the nature of the wounds ; and I think the result has proved the correctness of that view. I was also averse to harrowing up the feelings of the prisoner himself by that melancholy exhibition: nevertheless, it was the best evidence which the nature of the case required. 1 think so still, and shall allow the like hereafter. At the same time, I state this in justification of myself, especially as I understand it has been censured abroad One 1 other species of evidence was produced, which it is my duty to toll you emphatically to lay out of view. I allude to that called "Colt*sconfeaBion."lt is difficult, I am aware,for a Jury or aCoart to exclude from their consideration, evidence which is not strictly legal; but which has once been laid before ihem The counsel for the defendant introd need it in such a way, as rendered it, perhaps, impossiDie lor me to exclude it. He spoke of it hypothetieally, and said he would uae the firat person, and preaant it a* part of hia argument; and here I do not speak in censure. The learned counsel hsr been my companion and my friend; and had I appealed to hia candor, as a lawyer, aa to the use he meant to make of it, he would hare discarded it at once. It ia in, nevertheless ; but still it is not evidence. I am now speaking to discriminating men ; and 1 know that you are capable of die> tinguishing between that which is adventitious, and that which is real. I ntu confident, that I need say nothing more at to your daty to exclude this as evidence You will aisregard it entirely, gentlemen, an far as it goes ta excnlpate the prisoaer Ia looking at the evidence, it is astonishing bow mnch it is entirely and totally irnlevant.? And really this case lies, in legal phrase, almost in a nut-shell, presenting, perhaps, but one point for yo jr consideration. The testimony of the murder or homicide?of finding the body?all that long chtio of evidence which traced it to the ship Kaluniazoc, and tbsnce to the dtad house, is regarded entirely irrelevant by the admissions of the party that that is the body of rfamuel Adams. Except in go far as it illustrates the character of John C. Colt. So were alio all the experimenti in pistol firing. For 1 suppose it is not now thought that that was the result cf a piatol shot. I do not indeed understand the District Attorney as abandoning that ground?at any rate I left you to infer that perhaps it was thejresnlt of s'.ch an affair. It appears to me, however, that the jury is not authorized for a moment in entertaining that belief. We have first the opinion of Dr. Uillwan, the person who speaking from his recollection, describes a round circular hole, which lie thought might have been produced by a bullet; we have him a second time stating that it was not his impression that it waa a bullet, and gave his reason that the depression of the bone on oue side and the abrasion on the otherwas of such a character as indicated that the ball, if it had been a ball must have struck at such an angle as to have glanced oil'. So Dr. Oilman retracts his first opinion. And Drs. Mott and Rogers agree in opinion that it was not produced by a pistol ball; and if vou adopt the legal maxim, that these men arc to be trusted in their art beyand the opinion of laymen; and if above all that, you turn yeur attention here tothc evidence as it respects experiments in r.F? ,rm?. von mav lav all lbs etn> !>> ? point out of the case. And so to that mas* of ?vidcnce relative to the watch ot Adam* which occupied u? a daj or so,is also taken away by the admission of the party thattbewateh did belonrto Samuel Adams- New,cutting olfthe va?t maa* of testimony. The testimony of the two catmcn, of the mate, the person who took the body, of Mr- Elwell, of De I,a Fon st. of the surgeous in relation to the pistol shot, of the Superintendent of carts, the watch case maker, the engraver, ol Piatt Ac Brothers, and seretal others connected with tho.-e branches of the case, you find yourself reduced to the small crmpaks of whether it was effected by premeditated design, or came under the class of manslaughter, or justifiable or excusable homicide. Now, gentlemen, 1 shall consider this cast in three aspects1. The evidence as affecting the occurrences before the event occurred. 2. The evidence as affecting the occurrences during the time the event occurred. 3. The evidence as affecting the occurrences subsequent to the event. And in order to disencumber the esse,I sha I consider the l ist brunch first?the recurrences subsequent to the event I admit that the prisoner's counsel is correct to a certain extent, as to hi* view of part of the occurrences subsequent to the death oi S imuel Adams as bearing on the crime itself. Hill they are of essential importance in judging of Colt's character, of hi* capacities for crime, and the nature of the man. And in throw in*, ax it were, a reflected light back to hi* conduct ?to his individuality? previous to thesa occurreaces, will enable you to judge how tkia event did tale plaec. Now, than, dismiss from your minds, which I charge you to da as emphatically as language can, his own statement of the affair, and carry simply in view the light derived from other sources ; and what do we find illustrative of his character after this homicide had occurred. I am net going to detain you by a tedious narratiou of this evidence?it is net my province, aor would it be attended with any henelioial result. Hut certainly the evidence is such?the chain of facts is so singular?us to convince us that we are now dealing with an extraordinary man, .both a* legards bis character, liis conduct in life, and his dealings with the living and the dead ! First, the homicide occurs probably between 3 and 4 o'clock in the afternoon of the 17th of September. Mr. Wheeler bears a noi-e in Colt's room?a clash a* < ( foils, aud a fall of a heavy body on the floor? lieg es io tbc door of the room?all was stiU ? I Srignatts listens-all is quiet Wheeler gr?e? up I ?t irs and returns with Octrn; they listen, but htai nothing; all ia like the quiet ef the grave. Delunci aatf other* came, but all remain* quiet. And W laraawe kuortr, Colt remain* ia that room till Jkalf-ppt nine at nigfcL without ?igq* of life or moiioa./Colt then, for ft* Urit tim* exhibit* mark* of animation Delnoet bear* him get up and leave I the room?he gee* dawn *tair?; he return*. He again lock* the door; be goe* to werk; Delnoee bear* tb* tound of wathing, riafing of elo.(teethe water dropping in the pail And next morning be i* awakened bj the aound of hammer and aw. Colt, in the meantime, according to the testimony of Mi** Hencbaw, ba* gone home.? N?xt morning we bare the testimony of Mr*. Octon, who *ee* bim go up itair*, and ?eat him?elf on a bench opposite the door; and with hi* head drooping ou hi* breatt, remain for ion* minute* That circumstance 1 bring into strong relirf, as entitling the man to your favorable consideration lie pauae* oppotita the door *f the room which contained hi* victim, whether ef deliberate murder, or of manslaughter, or homieide. He seems to have experienced feme ol those feeling* which Shak->pear* ha* put into the mouth of Mac ocm? " ( an afraid to Ihiuk what 1 hate done ; Look ob'I i|ua, I daro sol." At least this it the oaly evidence of feeling (1mpmdeace) he exhib.ted from the time of committing the net till hi* arreet by the Mayor. We then hate this box prepared; and prepared with a skill, with a foresight, with a preeaution against all possible means of detection, that evinced a ta'eat for concealment rarely equalled in the annals of death. The box is stnlT d with paper?it is covered with an awning?the body is fixed inaananner requiring almost the skill of the anatomist to fix it?the legs are tied up to the aeek?the blood is stopped?the body is placed in the centre of the box?it is covered with awning?tow is put round the head?the coat is laid underneath, probably to absord the blood The box aever is nailed on?a direction is given to a distaat city?concealed, too, with an art and prudence, by which na one except those aware of its contents could have failed to have been deceived. To go to St. Loais to the care of Dr. Giay at New Orleans. He then takes it carefully do wa stairs, trusting no one else to do that, for fear the awful nature oft he contents might be exposed- He then went out to get n carman, and here he exhibits the same prudence he had shown all along ; be selects the first he meets rather than any parliealar one who might easily be recognised again, and having engaged him, he assumes an air of infinite unconcern?the box is put on the cart, Colt having previously ascertained that a ship was to sail for New Orleans, from a particular part of the eity. He followed the cart to the foot of Maiden lane. Almost every other man in ten thonaand would have jumped upon the eart,and rode down with the load to watch it?they would not have trusted the carman alone with that dreadful aecret. But he, with characteristic coolnesv, and with a full sense of the safer course, saanters carelessly along; when he arrives at the dock allows the carman to jerk efl'thejbox as if it had been a box of sugar?it is taken on board the Kalamazoo?he takei a frnna thd mat a?lm* nm kill Indian.. for it is not bit purpose to give any nam*?he leares the vetsel and tear* up the receipt instantly. Then again in the peparation of hi* room, the same wonderful^ regard to minutia ia discovered Every trace o) blood is carefully erased, the spots are wiped off, or inked over?oil is poured on the floor to conceal the blood?(and I hare been told that oil baa a wonderful effect iN correcting the stains made by blood,) th?n the space in the middle of the room, which by washing had been made whiter than the rest, he canses to resemble the surrounding portion by the use of tobacco and bis spittle; and he tells Wheeler that he smoked till it made bins spit blood. He goes home, covers his neck up, bathes himself with spirits, and goes to bed. Then on Monday he assumes an air of gayety when away from home; and with a coolness whish it is impossible not t# admire as a trait in his character, he goes to the shop of Adams, talks to his foreman; speaks of Adams m terms of commendation, and of the kindly feeling that had existed between tbena; goes then to Wells, and there perhepe exhibits some emotioa ; falls back on the table?eansed perhaps by theremark of Wells to bis inquiry after Adams, "1 don't know, he last went to see you?did you see him 1" Putting all these circumstances together, we have brought before as a man of foresight and design, of intrepidity, of a self depending character, and of a coolness, such as has rarely ever keen brought into a court of justice Such at least are the deductions I make of hi* character. But I submit the facts to yen, as twelve unbiassed men, better able to judge of it than 1 am. And if you form the same opinion, it will perhaps have its influence in leadingyon to judge of the other circumstances of the affair. To one circumstance, to which 1 will refer, more importance has been attached thaa it deserved. The question as to whether salt was found on the body. 1 do not regard this as at all material, except lh?t it would show still nwore attention^ minuti<r,still greater nieiety of calculation, still more wonderful presoience of coming events, btill more care iu guarding against the possible development of the secret. If he seasoned that it might become too pntrid, and so betray the secret, why, then, the putting iu of the salt was in keeping with all the other acts, though it did not sho v greater atrueity. It is admitted, on ene side, that he did attempt to eouceal it: and that, too, by a scheme rarely equalled ; that, in the execution of it, as in the language of one of bis eloquent counsel, he worked at never man irorketlbefore?and mineed-.a heart to conceive, a head to plan and a hand to tjrtnde any design ! But whether salt was there or not, no matter. The salt could add nothing of wickedness?nothing to the crime ! We have no evidence that it was salt. At the same time we have'tbe evidence of Millikea and Deunison, that there was some sub-tance resembling salt. But whether there was or not, I confess I cannot discover; it is a matter comnarativelv imma tfrirfl, and I think that the warmth and excitement on both aides was entirely uncalled for. There was no excuse for the remark* ihat were made. It may hare been a circumitance calculated to inflame the publie mind There was something hotri'tle in the idea thai Uie hotly of a hitman being Mould be cut up and sailed down like the carcaa* of any of the inferior animals. But looking at it calmly, as if it was merely part of his scheme for concealment, it talc* the same rank with the other acts, that go to disclose the extraordinary foresight, providence, calculation and tact for concealment, of John C- Colt. Now, gentlemen, if this act was not excusable er justifiable homicide, the first Sucstien is, was theie any evidence of premeditated esign 1 And having now considered thecircumcumstances subsequent to the murder, let me come back to the chronological erder of the evidence anteriorto Adams entering Colt's room Is there any evidence of premeditated design 1 Here we have the testimony of three witnesses on this point, Wheeler, Seignette, aud Miss Henthaw; also the witness sailed IroBi the tomb-the scull Is there from these any evidence of premeditated design anterior to Adams entering the room of John C. Colt. What evidence was there of design on the part of Colt to get Adams intobis room (or the purpose or killingnim 1 If you can see any, and death ensued, then vou must render a verdict of murder of course. The character of the man. as 1 u .i.ll,..*. I it l,.v. i.S.i.hu h.? It i(, perhaps, one of the circumstances. 1 have endeavored to cenuect together the various circumstances connected with this view of the case.and they appturte bethesa. Colt'was,perhaps, at this time in want of money. At any rate, from Wheeler's statement, he owed him $15 for rent, which he was unable to pay, and for the payment of which be had given hooks as security. He was also very argent that the books printed by Adams should go on to Philadelphia. That be should get in the pioceeds, some #120 to $130. It is said that the ?aw waa borrowed the day before, to which the District Attorney seems to atiach great importance. This evidence depend* upon the testimony of Mrs. ttcton and Kidner's man. Ia relation to Mrs. Octon and her husband, I may say that I have rarely seen two persons in a court of justice exhibit aaorc coolness of manner, accuracy of thought, and precision of language. Hut al ter all, is thi* a circumstance of so appalling a character?the borrowing of a saw?the using it for half an hour?and the locking of the door while doing ao. It may havu been to prepare the box;) but it appears to me (bat the circumstance is too slight to form any proof of premeditated designs unless rrtPPi .hrtrafgvrl hv rirptimq tances of a ttronger I character- The stuffing of the box with paper struck me a* a circumstance in itaelf iu mm dcgiee fraught with inference It did not occur to dc to examine whether that wan reeeatly done er not,?whether pat in to atop tlie blood, or before. If it were put in to prepare the box, why it may be a circumstance that should ao fa** enter into your eonaideration. Lastly, the fact perhapa that the window waa darkened, and the key hole of the room door darkened may be aome evidence of premeditation. It waa a sultry?cloudy daybe needed light. We have the testimony of one of the witaeaaea that he waa usually in the habit of aitting at tbc window in the summer evenings? and thia warm weather. These are nil the circarostancea which on a careful examination and reflection of thia caae have evinced any design on the part of Colt to kill Adam* before he entered the room If there be any othera your recollection will remedy the defecta in mine Had that door b?enlocked at the time that Wheeler went to the door, it would have been a cirrniustanee fraoght with deduction?had Wheeler tried the door and found it locked, I must confess it would have be -n an ugly circumstance Hut there is an entire defect there. Wheeler did not try the door the first time he went there, svlieu he introduced his steel pen aed lifted up the slide. He did not than ascertain that the door was lock-d, and you have no right to inf r that it was. These ate all the circumstances, i a* f*r as I can recollect, that go to show any thing f.J of premeditation on the part 01 Cotf; and it .? for you to My from these u< fro? any others ibnt your memory will supply, if there be others, whether there ia proof here ofdeeirn But lit u* see bow far they arucQuntarbalaBced by circumstances on the otherufle. [Here Jtttge Keatteferred to the proof that Cafc bad the boxjhatcbet and awning, longtime befora,*nd theimprohability that if be meant to kill' Adams,he would chose eo public a place to do it in ] I hare now considered thr- events up to the time of Adams going into that room Wr now come to the U(t branch of the subject; that is, considering the occurrence itself, and the events in that room. Before 1 do so ^must make some remarks on the light afforded by the subsequent conduct of Colt as to the pecking up of Adams, and exeaution of the nlan of esnffs?l??"t Hi* 1 ?" ,L" , ?/ >auil only legitimate evidence a* evincing the character or the defendant. Perhaps it goes farther. In tone inataacee eoaecalmeat tiaa Men held to b? 'evidence of certain guilt (Here he referred to the eaae of the boy ia Blaekatone, who killed and concealed another child). Bat after all,gentlemen, couaideriog thii anbjr$t a? philoso hical jurists, what deductiooa ai logicians and fair reaaonera, will you draw fr .m this la it necessarily avidenoe of guiltT (Here Judge Kent atated, that although the concealment might atrike the jurors aa evidence, he did not ao aee it. lie referred to thw testimony of Wheeler' and Seignelte aa to what they heard in the room, and their conduct afteri wards, and the apparent discrepancies between their atatementa. He alao referred to the dectrinea of Paley and othera ia relation to cireumatantial evidence, and read the following: ? But variation* in the relation* by different person* of the same tranaactioa or event, iu respect of unimportant circumstances,are not nceeaaarily indicative of fraud or falaehood, provided there be substantial agreement in other reapeeta. True atrength of mind conaiat* in not allowing th -judgmaut, when founded upon convincing evidence, to be disturbed, became there are immaterial discrepancies which cannot be reconciled. When the vaat inherent differences in individual with respect to natural facnlties and acquired habits ef accurate observation, fhithful recollection, and precise narration, and tba important influence of intellectual and moral culture, are duly conaidarad, it will not be thought surprising that entire agreement is seldom (bund amongst a number of witneaaes aa to all the collateral incidents of the same principal event. " 1 know not," eeya Dr. Paley, u a more rash or unuhilospphical conduct of the understanding than W reject the substance ef a atory by reason ef some diversity in the eh cam stances with which it ia related. The usual character of human teatimony ia substantial truth under circumstantial variety. This ia what the daily experience of courta of justice teaehee. When accounts of n transaction come from the mouths of different witness ?i, it ia seldom that it is not possible to pick out apparent or real inconaiatenciea between them. These circumstances are studionaly displayed bv an adverse nleedei- -ft??? ? i??i ion upon the minda of the judges. On the contrary, a close and minute agreement induces the suspicion of confederacy and fraud." Instances of discrepancy as to the minor attendant circumstances of historical events are almost numberless. Lord Clarendon relates that the Marquis of Argyle was condemned to be hanged, and that the sentence war parformed the same day. Burnet, Woodrow, and Eehard, writers of good authority who lived near the time, state that he was beheaded, though condemned to be hanged, and that the sentence was prtnonncrd on Saturday, and carried into effect on the Monday following. Churl-* the Second, after his flight from Worcester, has been variously stated to have embarked at Brighthelmstone and at Now Shoreharo. Lord CIareadon states that the royal standard was erected sbont six o'clock of the evening of the 36th of August," a very stormy and tempestuous day." Other contemporary historians state that it waa ericted on the 33d of August. But such discrepan- ' ci> s never occasion a doubt as to the truth of the principal facts with which thay are cennected. He continued : There is a difference between Wheeler and Seignette on minor points, bat in Use aeein fact they corroborate each other. They heard <> a noise, a clashing, a rush?no stamping?they heard the fall ef a heavy body. And there is this fact in whioh they agree?they heard no aonnd after. Their ears were open?their minda were directed to that room. Had there been a groan, or anothar bl>w, they wonld have beard it. But it docs not follow that they would hear lead conversation?tl ey heard the termination of the affray, but nothing after the fall?their attention waa not called to the commencement of the transaction. Now, as to the woands themselves : we have heard as tar as human testimony can go? a_clashing noise?a movement of feet, and almost instantaneous fall of a heavy body. In addition to that, we have the evidence of the wounds themselves as apparent on ths skull On this subject the doctors disagree, nor have 1 been able to utrive at any satisfactory conclasion myself. (Here Judge Kent referred to the contradictions in the evidence af the doctors?the hypothesis of Golden,.as to how tbey were given, and stated that no one had ever acconnted for the wound behind. Then there was a fracas. The first wound caused insensibility. Had it not, the attention of Wheeler and Seignette would have been aroused , by the piercing note of fear and the rendiagshrieek ' of agony , which all tha din of the crowded street would have failed to stifle. For there is somsthiag in Ihe shrieck of mortal agony, a peculiar note la the ascents of tear, that rises nuove the din of all around it. That there was a tracts the ? geotlemen infer from the nature of the wounds aad also from the testimony ef Carolina Henshaw. That estimnny is to be examined with care?but the impression oa my miad was that credit was to bo given to it. That interestiag young woman presents herself here undoubtedly under some unfavorable circumstances. She is destitute ef virtao ?at any rate that expression is by far too strong? shs has fallen from that state of purity in which we could all wish her replaced. But nothing is proved against her bat that she hat taken one wrong step, to which she may have been driven by the overmasteringinfluence of human affection?of the strongest passion of the humaa heart. And she has stood that test, which ail lawyers think tko hardest and the best?a rivri roct examination.? She was examined courteously hut strictly and severely by the District Attorney You heard her childlike details?you saw her artless mannei and her inuoceut behaviour?there was no anxiety to suppress or to state any thing?she did not pick her language ? nor shape her phrases. Shepoared forth all her statements as one had said, ' Conscious of its valne, and careless of its strength.'* It may have been a story artfully constructed ; but if an it was one of surpassing art, to show so little desire to tell, where much would have appeared of value, though certain te prove worthless. The mark in the neck, she said, was small; it was no bigger than a sixpence. It would have appeared advisable to have shown that the marks were large and numerous. But she did n?t so desire to shape her statements and I confess that 1 believe her story. (Judge Kent then referred to Octon's testimony of Colt taking the box down stairs, and said that would account for the stiffness, bet not the bruise or pineh in the neck ) Ton have eow, 1 believe, the whole ease laid before you, and it is for you to ssy what does it prove. Is it murder 1 Because 1 said before, in a legal point of view, if there was a pre medidated design even after Adams entered the room, then celt is guilty of the murder. Yeu have heard the various motives which may ba assigned for the commission of this act, and on this subject let me read what a writer, speakiag of the results of his investigations of men?of human nature, and the causes of human action, assigns as the leading motives of such acts:? Motives are with relation to morel conduct what physicsl power it to mechanics ; and both uf these kinds of impulse are equally under the influence ol known laws. But in reasoning upon motives and their resulting actions it is JmpractiusbUsto obtain ths same sure data as when msteiial pbienomena only are involved, since it ts not possible to discover ell the modifying circumstances of bomsn conduct, or to assign with unerring certainty the true character of the motives from which they spring. An evil motive constitutes in law, as in morals, the essence of guilt; and the existence of an inducing motive for the voluntary acts of a latioual agent is assumed as naturally as secondary causes air ooncluded to eaist for MBtD,l?l nhssnomona Tka *?i--av4svo?? ft Aoalee- ??:-J re invariably followed by corn sponding volition* and action*. It ia therefore indispensable,in the investigation of moral action*. to look at all the surrounding circumatancea which connect the auppoaed actor with other persona and things, and may hare influenced hia motivea. The uauai inducements to crime, nre the deatre of revangina real ar fancied wrong*; of obtaining aome object of (Tetire which rightfully t? longs to another?or of 1 preaervlng reputation, either that of general character ' or the conventional reputation of arji or prefeaaaon. Selfishness and malignitv sio auhtle a* welLaa importunate caauiata; and eveu if M were poaeihle to .-hwanerate all the infinite waya in which rhi-y lead to action, it I would he irrelevant to do ao, tinri- thesu'jeet property belong* to a distinct department ol moial science. Itiialwayaa satisfactory circi matance of corrobnra tion,wbcn in connection with convincing facta an apparently adequate motive can be assigned , but, as the operations of the mind are invisible and intangible, it ia 1 impossible to go further. Un ne or evengreat straw mutt not he laid upon (he existence ofeircumstancea sop- 1 posvd to tie indiaative of motive. ; nor ought it in any case to supersede the necessity for the same weight of proof, a< would l>? daetned necessary in thcabaeaceof . all evidenee of such a stimulus. .Suspicion?too readily : < *cited by ths appearance of supposed fndnoementa?u incompatilde with that even and unprrjndlced itato of mind, which is indispensable to the formation of comet and sober judgement. W tula tine it is, that "imputation sad ?tn>: ;; rirrumataocoa... .lead directly to the door of ti :th it must alaa bo borne in mind, that * Trlflea light a? air, j Are,to the jealous, confirmations strong As proofs of holy writ." I (Here Judge Kent treated of the various molirea th it might, or might not have ii flticne. d Colt; there c in. no old uiuiir ; in<-j nan necn irietia*; AMm ' hn.1 little or na money; and at to the watch what I \ia? he to do with ilalter the death; pnaacaaion waa 1 hi* only tafety { then the n nine** I Coll: hia aell a steaaion a I through; the < haracter* of the a'ayer and the a ain for temper, in deceptive character; a* man are all actor* aud ant ot>?arvera, and it waa * oily ia tb? privacy of domeatie life: thant real I Character aottld he aeen. All tbne were t?j be ta\en | into the aceonnt, together with the pecuniar t-ituatinnaad tamper* of both partie*, and it wai then < tor tha jury to ahow what degree of crime, if

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