"But, gentlemen of the jury, the pinch of the case lies in the
interval of two hours interposed betwixt the reception of the
injury and the fatal retaliation. In the heat of affray and
CHAUDE MELEE, law, compassionating the infirmities of humanity,
makes allowance for the passions which rule such a stormy moment
--for the sense of present pain, for the apprehension of further
injury, for the difficulty of ascertaining with due accuracy the
precise degree of violence which is necessary to protect the
person of the individual, without annoying or injuring the
assailant more than is absolutely necessary. But the time
necessary to walk twelve miles, however speedily performed, was
an interval sufficient for the prisoner to have recollected
himself; and the violence with which he carried his purpose into
effect, with so many circumstances of deliberate determination,
could neither be induced by the passion of anger, nor that of
fear. It was the purpose and the act of predetermined revenge,
for which law neither can, will, nor ought to have sympathy or
allowance.
"It is true, we may repeat to ourselves, in alleviation of this
poor man's unhappy action, that his case is a very peculiar one.
Pages:
367
368
369
370
371
372
373
374
375
376
377
378
379
380
381
382
383
384
385
386
387
388
389
390
391