Public Speaking: Principles and Practice

by Irvah Lester Winter

But does the soldier step out of his ranks to seek his revenge? Not a witness pretends it. Did not the people repeatedly come within the points of their bayonets and strike on the muzzles of the guns? You have heard the witnesses.

Does the law allow one member of the community to behave in this manner towards his fellow citizen, and then bid the injured party be calm and moderate? The expressions from one party were—"Stand off, stand off!"—"I am upon my station."—"If they molest me upon my post, I will fire."—"Keep off!"

These words were likely to produce reflection and procure peace. But had the words on the other hand a similar tendency? Consider the temper prevalent among all parties at this time. Consider the situation of the soldiery; and come to the heat and pressure of the action. The materials are laid, the spark is raised, the fire enkindles, all prudence and true wisdom are utterly consumed. Does common sense, does the law expect impossibilities?

Here, to expect equanimity of temper, would be as irrational as to expect discretion in a madman. But was anything done on the part of the assailants similar to the conduct, warnings, and declarations of the prisoners? Answer for yourselves, gentlemen! The words reiterated all around stabbed to the heart; the actions of the assailants tended to a worse end,—to awaken every passion of which the human breast is susceptible; fear, anger, pride, resentment, revenge, alternately take possession of the whole man.

To expect, under these circumstances, that such words would assuage the tempest, that such actions would allay the flames,—you might as rationally expect the inundations of a torrent would suppress a deluge, or rather that the flames of Aetna would extinguish a conflagration!

III

Gentlemen of the Jury,—This case has taken up much of your time, and is likely to take up so much more that I must hasten to a close. Indeed, I should not have troubled you, by being thus lengthy, but from a sense of duty to the prisoners; they who in some sense may be said to have put their lives in my hands; they whose situation was so peculiar that we have necessarily taken up more time than ordinary cases require. They, under all these circumstances, placed a confidence it was my duty not to disappoint, and which I have aimed at discharging with fidelity. I trust you, gentlemen, will do the like; that you will examine and judge with a becoming temper of mind; remembering that they who are under oath to declare the whole truth think and act very differently from bystanders, who, being under no ties of this kind, take a latitude which is by no means admissible in a court of law.

I cannot close this cause better than by desiring you to consider well the genius and spirit of the law which will be laid down, and to govern yourselves by this great standard of truth. To some purposes, you may be said, gentlemen, to be ministers of justice; and "ministers," says a learned judge, "appointed for the ends of public justice, should have written on their hearts the solemn engagements of his Majesty, at his coronation, to cause law and justice in mercy to be executed in all his judgments."

"The quality of mercy is not strained;
It droppeth as the gentle rain from heaven:…
It is twice blessed;
It blesseth him that gives, and him that takes."

I leave you, gentlemen, hoping you will be directed in your inquiry and judgment to a right discharge of your duty. We shall all of us, gentlemen, have an hour of cool reflection when the feelings and agitations of the day shall have subsided; when we shall view things through a different and a much juster medium. It is then we all wish an absolving conscience. May you, gentlemen, now act such a part as will hereafter insure it; such a part as may occasion the prisoners to rejoice. May the blessing of those who were in jeopardy of life come upon you—may the blessing of Him who is "not faulty to die" descend and rest upon you and your posterity.