witness. She lives at the Angel, by Henley
Bridge, and remembers the prisoner coming over the day her father was
opened; that she was walking along with a great crowd after her; that
she went to her and asked her what was the matter, and where she was
going. The prisoner said she was going to walk for the air, for that
they were going to open her father, and that she could not bear the
house. The mob followed so close that she invited the prisoner into
her house, which she accepted, and was walking gently, and had not the
appearance of making an escape.
Robert Stoke tells you he knows the last witness, Mrs. Davis, and saw
the prisoner with her in her house the day her father was opened; that
he was ordered by the mayor to take care of the prisoner, which she
said she was very glad of, because the mob was about; and he did not
observe any inclination or attempt whatsoever to make an escape.
This, gentlemen, is the substance of the evidence on both sides, as
nearly as I can recollect it. I have not wilfully omitted or misstated
any part of it; but if I have, I hope the gentlemen who are of counsel
on either side will be so kind as to set me right.
A very tragical story it is, gentlemen, that you have heard, and upon
which you are now to form your judgment and give your verdict.
The crime with which the prisoner stands charged is of the most
heinous nature and blackest dye, attended with considerations that
shock human nature, being not only murder, but parricide--the murder
of her own father. But the more atrocious, the more flagrant the crime
is, the more clearly and satisfactory you will expect that it should
be made out to you.
In all cases of murder it is of necessity that there should be malice
aforethought, which is the essence of and constitutes the offence; but
that malice may be either express or implied by the law. Express
malice must arise from the previous acts or declarations of the party
offending, but implied malice may arise from numbers of circumstances
relating either to the nature of the act itself, the manner of
executing it, the person killing, or the person killed, from, which
the law will as certainly infer malice as where it is express.
Poison in particular is in its nature so secret, and withal so
deliberate, that wherever that is knowingly given, and death ensues,
the so putting to death can be no other than wilful and malicious.
In the present case, which is to be made out by circ
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