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give forth a tone in unison with his own, or with that which he had adopted for his own to suit the occasion. He had an appearance, too, of being assured of the justice of his cause, and perfectly confident of success, which was encouraging to the prisoner and his friends. After the necessary preliminaries and statements had been gone through with, the witnesses against the prisoner and in his favor were called, who testified to the fact of the murder, and to the prisoner's natural quickness of temper, inducing fits of sudden passion, which, even in childhood, seemed at times hardly to leave him the mastery of himself. Friends, school-mates, college-mates, in turn gave their testimony to the prisoner's kindness of heart, which would not suffer him to harbor resentment; and yet many instances were mentioned of fierce and terrible passion, utterly heedless of results for the moment, and yet passing away quick as the lightning's flash. It was shown that he had no ill-will to young Cranston; on the contrary, they were generally friendly and affectionate; that they had been so throughout the evening on which the fatal deed was done. It was at a supper table, when all were excited by wine; and Cranston, who was fond of a joke, and rather given to teazing, and being less guarded than usual, introduced some subject exceedingly unpleasant to young Elwyn. The quick temper of the latter was aroused at once, and he gave a hasty and angry reply. The raillery was pushed still farther; and before those about him had time to interfere, the fatal blow was struck in frantic passion. "And is this no palliating circumstance," said Mr. W----, "that God has given to this young man a naturally fierce and hasty temper, which could not brook that which might be borne more patiently by those whose blood flows more coldly and sluggishly? Is there no difference to be made in our judgment of men, because of the different tempers and dispositions with which they were born? Of course there is!--_of course_ there is! It has been clearly shown that there was no malice aforethought in this case; the injury was not brooded over in silence, and the plan matured in cold blood to murder a class-mate and friend. No! on the moment of provocation the blow was struck, with but the single idea of giving vent to the passion which was bursting his breast. And those who witnessed his deep remorse and agony of mind, when he discovered the fatal effects of his
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