530 Slide – American State Trials 1918 Volume X Leo Frank Document

498 X. AMERICAN STATE TRIALS,

one of the prieoners having in fact killed either of the persons
that were slain, you must consider whether he did it in eon-
sideration of lawt Now all that are present, aiding and abet-
ting one person in killing another, do, in judgment of law, kill
him, The stroke of one is, in consideration of law, the stroke
of all. When a number of persons assemble together to do an
unlewful act, and in the prosecution of that design one of
them kills a man, all the rest of the company are in law con-
sidered as abetting him to do it.

You must therefore inquire how and for what purpose the
prisoners came together at the custom-honse, and what they
did there before these persons were killed?

That a sentry was in fact then placed at the custom-house,
by order of Colonel Dalrymple, the commanding officer, as
also that one had been placed there for a long time before, is
fully proved, and indeed the right to place sentria, it being
in time of peace, is the only thing that has been questioned.
Upon this, therefore, I would observe, that, as the main design
of society is the protection of individuals by the united
strength of the whole community; so for the sake of una-
nimity, strength and despatch, the supreme executive power
is by the British constitution vested in a single person, the
King or queen. This single person has sole power of raising
fleets or armies; and a statute passed in the reign of Charles
the Second declares, that within all his majesty’s realms and
dominions, the sole supreme government, command, and dia- ~
position of the militia, and of all the forces by sea and land,
and all forts and places of strength, is and by the law of Eng-
land ever was the undoubted right of his majesty and his royal
predecessors, kings and queens of England; and as Charles
the Second had this right as king of England, it of course
comes to his successors, and our present sovereign lord the
king now has it.

Indeed, the bill of rights declarea among other things, that
the raising or keeping a standing army within the kingdom
in e time of peace, unless with the consent of parliament, ia
against law. And it is said, that upon the same principles