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WILLIAM WEMMS AND SEVEN OTHERS. 497

. Second. Whether they, or either of them were killed by
the prisoners, or either of them? And if they were, then,

‘Third. Whether such killing was justifiable, excusable or
felonionst And if the latter,

Fourth. Whether it was manslaughter or murder?

As to the first, you have not only the coroner’s inquest, but
the testimony of so many witnesses, that the five persons were
shot and thereby mortally wounded in the night of the fifth
of Mareh last, and that some of them died instantly, and the
rest in a few days after, that you doubtless will be satiafled
they were all killed. And the same evidence must, I think,
also convinee you thet they were all killed by the party of
soldiers that were at the custom-house that night, or by some
of them.

‘Whether the prisoners were there, will therefore be your
next inquiry; for if either of them was not, he must be ac-
quitted. The law does not in this ease make the testimony of
two witnesses necessary for the jury to settle a fact upon; if
one swears it, and upon his testimony you believe it, that is
sufficient evidence for you to find the fact. But if you are
satisfied upon the evidence, that all the prisoners were there,
yet as each prisoner is severally charged with having killed
these five persons, and by hia plea has denied the charge, you
must be fully satisfied upon the evidence given you, with
regard to each prisoner, that he in particular did in fact, or
in consideration of law, kill one or more of these persons that
were slain, or he must be acquitted.

The way therefore to determine this will be for you to name
some one of the prisoners, and then consider whether it ap-
pears upon the evidence in the case, that he did in fact kill
Maverick; and, then, whether upon the evidenee it appears
he in fact killed Gray? And so inquire in the same manner,
whether he did in fact kill either of the other three persons?
And having noted how it appears upon the evidence with
regard to him, you must then proceed in like manner with
each of the other prisoners; and if upon a full consideration
of the evidence in the ease, you should be in doubt, as to any

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