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EDWARD D. WORRELL. 17

murder; but you are still left in the dark. The prosecution
is moved to the law only by the point of the bayonet, and it
will not budge an inch further than the practical puncture
of the instrument forces ft. ‘Implied malice,’? says Mz.
Gale, ‘‘only makes murder in the second degree; the State
must prove something more than that the killing was unlaw-
ful, to make the crime murder in the first degree.””

‘Something more’? must be proved! What is itt What is
that ‘‘something more,’’ Mr. Galef In-all his speech he
refused to tell you! Up to this period you have not heard
from the prosecution what that ‘something more’’ is; and
yet you must find it before you can find murder in the first
degree. Why are you left to guess at that ‘‘something more’?
Your consciences are involved that your guess shall be right;
why are you permitted by the prosecution to guess at allt
What is it that fetters the gentlemen at the other side?! Why
are they so costive as to the necessary elements of capital
murder in this statet. Do they hunger for the blood of Wor-
rell? Are they fearful that a candid admission of the requi-
sites of the law will show you that it cannot lawfully be shed?
Tf the prosecution will not tell you of these requisites, I have
told you; and while they shrink from a manly admission of
the truth, they are not bold enough to traverse my exposi-
tion. They do not deny, they do not admit, and compromise
with silence by saying “something more’? must be proved
than the unlawfulness of the Killing, to make murder in the
first degree.

Can you conceive of a greater calamity than ignorance (in
those who have to administer criminal justice), of the bound-
ary line between murders, on one side of which line stands
the gallows, on the other the penitentiary? Yet what has
the prosecution done to show you that line? They have
sealed their lips, or spoken only ambiguous words calculated
rather to mislead than to enlighten you, and have thrown
‘upon me the task of running the line. Gentlemen, I shall ask
the Court to sanction my survey. That ‘‘something more’’
than the unlawfulness of the killing is malice express, malice
proved as a fact by evidence coming from the lips of witnesses,

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