Trial of Thomas O. Selfridge, Attorney at Law, Before the Hon. Isaac Parker, Esquire: For Killing Charles Austin, on the Public Exchange, in Boston, August 4th, 1806Russell and Cutler, Belcher and Armstrong, and Oliver and Monroe, 1807 - 168 pages |
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Page 6
... must satisfactorily prove these circumstances , unless they arise out of the evidence produced against him . When the act which occasions the death is unlawful , yet if malice either express , or implied , be wanting , the killing is ...
... must satisfactorily prove these circumstances , unless they arise out of the evidence produced against him . When the act which occasions the death is unlawful , yet if malice either express , or implied , be wanting , the killing is ...
Page 7
... must be an actual danger at the time . And , ( in the language of Lord Chief Justice Hale , ) it must plainly appear by the circumstances of the case , as the manner of the as- sault , the weapon , & c . that his life was in imminent ...
... must be an actual danger at the time . And , ( in the language of Lord Chief Justice Hale , ) it must plainly appear by the circumstances of the case , as the manner of the as- sault , the weapon , & c . that his life was in imminent ...
Page 11
... must not carry this doctrine to the same visionary length that Mr. Locke does ; who holds , " that all manner of force , without right , upon a man's person , puts him in a state of war with the aggressor ; and , of consequence , that ...
... must not carry this doctrine to the same visionary length that Mr. Locke does ; who holds , " that all manner of force , without right , upon a man's person , puts him in a state of war with the aggressor ; and , of consequence , that ...
Page 12
... must ap- pear that the slayer had no other possible ( or at least probable ) means of escaping from his assailant . " In page 188 , the learned writer describes the nature of feloni- ous homicide : " Felonious homicide is an act of a ...
... must ap- pear that the slayer had no other possible ( or at least probable ) means of escaping from his assailant . " In page 188 , the learned writer describes the nature of feloni- ous homicide : " Felonious homicide is an act of a ...
Page 13
... must be found guilty of manslaughter . I mention this , because , poffibly , it may be contended , that the facts amount either to murder , or excufable self defence , and that in either cafe you must acquit . I fay it is poffible ...
... must be found guilty of manslaughter . I mention this , because , poffibly , it may be contended , that the facts amount either to murder , or excufable self defence , and that in either cafe you must acquit . I fay it is poffible ...
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Common terms and phrases
4th of August affault affray afterwards againſt appear assailant assault attack Attorney authorities becauſe blood blow Branch Bank cafe called cane chance medley charge Charles Austin circumstances combat common law conversation Copp's Hill counsel Court crime danger death deceased defendant Defendant's defendendo Dexter Duncan Ingraham duty evidence excusable homicide faid Fales felony fhall fhould fuch gentlemen Gore hand heard himſelf honor indictment injury intention ISAAC PARKER James Richardson Jury justice justifiable justifiable homicide Lemuel Shaw malice malice aforethought manner manslaughter Mawgridge Medford mentioned muſt nature neceffity observed offence opinion Parker person pistol was discharged pistol was fired pocket principles prove provocation quarrel recollect retreat se defendendo self-defence Selfridge's name shew side walk State-street street struck sudden testimony theſe thing tion told Townsend's trial unlawful violent weapon Welsh witnesses young Austin
Popular passages
Page 28 - England, that no man is to be brought into jeopardy of his life more than once for the same offence.
Page 2 - Co. of the said district, have deposited in this office the title of a book, the right whereof they claim as proprietors, in the words following, to wit : " Tadeuskund, the Last King of the Lenape. An Historical Tale." In conformity to the Act of the Congress of the United States...
Page 121 - ... for it may be so fierce as not to allow him to yield a step, without manifest danger of his life, or enormous bodily harm ; and then in his defence he may kill his assailant instantly. And this is the doctrine of universal justice, as well as of the municipal law.
Page 143 - Also in many cases where no malice is expressed, the law will imply it : as where a man wilfully poisons another, in such a deliberate act the law presumes malice, though no particular enmity can be proved. And if a man kills another suddenly, without any, or without a considerable provocation, the law implies malice ; for no person, unless of an abandoned heart, would be guilty of such an act upon a slight or no apparent cause.
Page 110 - Thus, if one shoots at A and misses him, but kills B, this is murder, because of the previous felonious intent, which the law transfers from one to the other.
Page 7 - Then the indictment was read, which set forth that the prisoner "not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil...
Page 143 - But if the person so provoked had unfortunately killed the other by beating him in such a manner as showed only an intent to chastise and not to kill him, the law so far considers the provocation of contumelious behaviour as to adjudge it only manslaughter, and not murder.
Page 143 - ... malice. And, if two or more come together to do an unlawful act against the king's peace, of which the probable consequence might be bloodshed, as to beat a man, to commit a riot, or to rob a park : and one of them kills a man ; it is murder in them all, because of the unlawful act, the malitia prcecogitata or evil intended before-hand.
Page 113 - ... exhort him to overcome his prejudices, is like telling a blind man to see. He may be disposed to overcome them, and yet be unable because they are unknown to himself. When prejudice is once known, it is no longer prejudice, it becomes corruption ; but so long as it is not known, the possessor cherishes it without guilt ; he feels indignation for vice, and pays homage to virtue ; and yet does injustice. It is the apprehension that you may thus mistake, that you may call your prejudices principles,...
Page 12 - Felonious homicide is an act of a very different nature from the former, being the killing of a human creature, of any age or sex, without justification or excuse.