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444 X¥. AMERICAN STATE TRIALS.

in this respect. What success will follow those endeavors,
depends on you, gentlemen. If being told of your danger
will not produce caution, nothing will Uf you are deter-
mined in opinion, it is vain to say more; but if you are
zealous inquirers after truth, if you are willing to hear with
impartiality, to examine and judge for yourselves,—enongh
has been said to apprize you of these avenues, at which
the enemies of truth and justice are most likely to enter,
and most easily to beset you.

Gentlemen of the jury, I shall now, for argument’s sake
only, take it for granted, that the fact of killing has been
proved upon all the prisoners: you are sensible that this is
not really true, for as to this point, there are several of the
prisoners upon whom the fact is not fixed. But as I shall
hereafter take occasion to consider the distinet case of each
prisoner, as he is effeeted by the evidence, I at present
choose to avoid confusion, and apply myself to the full
strength of the crown; and, upon a supposition, that all
the prisoners are answerable for the act of any one, see
how the prisoners are chargeable, by the evidence already
offered, with the crime of murder;—or rather endeavor to
point out to you those facts, appearing by the evidence on
the crown side, which will amount, in law, to a justification,
an excuse, or at least, an extenuation of their offense; for,
we say, that, give the evidence for the king ita full scope
and force, and our offense is reduced, at least, to man-
slaughter; in which case, we claim the privilege of that
law, by the sentence of which, if guilty, we must suffer the
pains of death; a privilege, we can never again claim, a
privilege, that by no means implies exemption from all
punishment; the offender becomes liable to imprisonment
for a year, incurs a forfeiture of all goods and chattels,
and, till he receives the judgment of law, is to all intents a
felon, subject to all the disabilities and other incidents of a
felon. Without taking up time, in attending and discus-
sing points, no way pertinent to the present issue; without
a tedious recapitulation of circumstances, with which, I

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