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 páginas |
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Página 7
... afterwards appear , that there was no such design , it will not be murder ; but it will be either manslaughter , or excusable homicide , according to the degree of caution used , and the probable grounds of such belief . These ...
... afterwards appear , that there was no such design , it will not be murder ; but it will be either manslaughter , or excusable homicide , according to the degree of caution used , and the probable grounds of such belief . These ...
Página 24
... afterwards . Sol . Gen. Is it your opinion then , that if the ball had pierced the heart of the deceased , he would have retained muscular motion , or not ? A. None of the cavities of the heart could have been pierced , as no muscular ...
... afterwards . Sol . Gen. Is it your opinion then , that if the ball had pierced the heart of the deceased , he would have retained muscular motion , or not ? A. None of the cavities of the heart could have been pierced , as no muscular ...
Página 33
... afterwards he refused to comply with his promise ? A. I think he did . Att . Gen. Was it that Mr. Austin refused to contradict ver- bally what had been said , or that he refused to sign a paper ? A I am not certain of that point ...
... afterwards he refused to comply with his promise ? A. I think he did . Att . Gen. Was it that Mr. Austin refused to contradict ver- bally what had been said , or that he refused to sign a paper ? A I am not certain of that point ...
Página 34
... afterwards asked me for some tobacco . I gave him some , and left him . Att . Gen. Did he say any thing to you as to the mode of de- fence he meant to use ? A. He did not . I passed on , and walked pretty direct to the head of the ...
... afterwards asked me for some tobacco . I gave him some , and left him . Att . Gen. Did he say any thing to you as to the mode of de- fence he meant to use ? A. He did not . I passed on , and walked pretty direct to the head of the ...
Página 35
... afterwards shot , and whom I did not at that time know , was standing in front of the defendant , a little to the right The Defendant stood with his arms folded , or rather cross- ed horizontally , the right arm being uppermost , and in ...
... afterwards shot , and whom I did not at that time know , was standing in front of the defendant , a little to the right The Defendant stood with his arms folded , or rather cross- ed horizontally , the right arm being uppermost , and in ...
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Trial of Thomas O. Selfridge, Attorney at Law, Before the Hon. Isaac Parker ... Thomas Oliver Selfridge Vista de fragmentos - 1807 |
Términos y frases comunes
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
Pasajes populares
Página 28 - England, that no man is to be brought into jeopardy of his life more than once for the same offence.
Página 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...
Página 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.
Página 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.
Página 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.
Página 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...
Página 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.
Página 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.
Página 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,...
Página 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.