necessary caution against allowing excited feelings to have any
influence over the verdict to which you shall come."
Mr. Allewinde then sat down, and after the lapse of one or two
minutes the judge turned to the jury, and spoke his charge to
them upon the question. He went deliberately through the whole
evidence--dwelt upon various minor points in the prisoner's
favour--told them that the prisoner could not be considered as guilty
of murder, if there was ground to believe that he had committed the
act whilst the deceased was forcibly carrying off his sister; and
that if they believed that the prisoner had never before premeditated
the death of the man he killed, he could not be considered to have
been guilty of the crime for which he was now tried. He then went
at length into all the points; he showed the jury that no evidence
whatever had been brought up to prove that the girl was in a
senseless state when Ussher was attacked; and that for anything they
had heard proved, she might have been walking quietly with him. He
then went into the evidence given by Brady, and he stated it as his
own opinion, that the man was in the main to be believed; he argued
that his whole evidence, both on direct and cross-examination had
been given in a manner which seemed to him to show an unwillingness
to give more information than he could possibly help on either
side--but still with a determination not to forswear himself. But at
the same time he told them that this was a question on which each
juror should form his own opinion; in fact that it was to judge of
the value and credibility of evidence that they were summoned. It
was, also, he said, for them to decide whether the death of the
revenue officer was premeditated by the party at Mrs. Mehan's when
they talked of ridding the country of him. He passed very slightly
over the remaining evidence, merely saying that this was a case in
which character could not weigh with them, as, if the prisoner were
guilty, his former apparent good character only aggravated his sin.
He then concluded by telling the jurors that they were bound by
solemn oaths to allow nothing to interfere with the truth of their
verdict--that they must all deplore the untimely death of the young
woman who was to have appeared before them, and sympathise with the
brother for the loss of his sister--but that his misfortune in this
respect, could not lighten his guilt if he were guilty, or diminish
the sacredness of th
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