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170 X. AMERICAN STATE TRIALS.

Mr. Pinkney. There is no law in this prayer, for it excludes that
which is the essence of the offense—intention—and if it ware other-
‘wise the court has no right to instruet the jury, as if this were a civil
case, No instance hes occurred in modern times of an attempt to
bind the jury in such # eause by the opinion of the court. What rem-
edy is there for the party if you err? We may appeal to a higher
tribunal, it is true; but what is the consequence? the man is hanged,
and your judgment is revered.

In England did their courts interfere in this mode im the cele-
brated cases of Hardy, and Horne Tooke and others? No. Tt would
not have been endured. The best security for the rights of individ
vals ia to be found in the trial by jury. But the excellence of this
institution consists in its exclusive power. The jury are here judges
of law amd fact, and are responaible only to God, to the prisoner, and
to their own consciences. After the case is closed you may indeed
advise, if they ask it, or if you think proper to do so without being
esked by them. But to interrupt the progress of the trial in the way
proposed would be monstrous, Suppose the court to give the dires-
tion, I shall not submit to it, as the prisoner's counsel. I will, on the
contrary, tell the jury that it is not law. It is my right to do so, and
in a cage of blood I not forego the exercise of it. I trust I shall
not be placed in & predicament, which will thus set my duty to a
man whose life is in my charge, againat my respect for this tribunal.
I pray your honours to euffer this cause to go on in the eustomary
and legal manner.

Hr. Glown observed that it was the practice every day in the erim-
inal court, and appealed to counsel for the prisoner, whose long oa
Yeer ag @ public prosecmtor must have furnished innumemble in-
stances,

Mr. Jenynge said thet being thus called upon, be was sorry he
could not aid the district attorney by any such precedent. He never
knew an instance, while he wes prosecutor for the state, of preying
& direction on behelf of the state, though it was freqnently done by
the prisoner.

‘The Covrr said they were bound to declare the law whenever they
were called upon, in civil or criminal cases; in the latter, however, it
was also their duty to inform the jury that they were not obliged to
take their direction as the law. In the cage at bar they declined giving
any opinion at present, being desirous to hear counsel.

Mr. Glenn said he would not now address the jury.

Mr. Pinkney. Gentlemen of the jury: I regret that my
learned friend seross the table has not seen fit to come for-
ward in expport of his case, as I wished to have delivered a
brief homily on the law of treason; uot indeed for the benefit
of my client, but for the instruction of others, who appeared
to stand in need of it.

But as the District Attorney declined to support the prin-

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