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ment, consistently with the arrangements of this Court, to enter upon
this trial, he was prepared ; -not prepared, Gentlemen, by a series
of experiments and investigations, which he could make in his silent
and solitary cell-but prepared in that consciousness which enabled
him, or would enable him, to come before a Jury of his country, and
say, whatever might be the appearances against him, he could confi-
dently trust at once his cause and his life with an impartial Jury,un-
der the instructions of a learned and impartial Court.
Gentlemen, it is impossible that you yourselves did not know much
of this cause, before you tools the seats you now occupy. It is impos.
sible that you have not, in one form or in another form, heard much
of that which has been detailed to you in the evidence which the Gov-
ernment have produced upon the present trial. And yet, one and all
of you, under as solemn responsibilities as can be imposed upon you,
have declared that all those circumstances, and all the comments
which may have been made upon them, created not only no prejudice
in your minds, but not even a bias, against the prisoner. And if, Gen-
tlemen, these circumstances, though known as well ,before as since
this trial, could not then produce even so much as a bias on your
minds, I have some ground upon which I may estimate the effect
which this same evidence, now presented in a judicial form, is entitled
to produce on the same minds.
What, Gentlemen, is the charge that the Government have made
against the prisoner?-what the issue to be tried, and what the
proofs by which that issue is to be determined ? The Government
charge that, on the 23d of November, 1849, George Parkman was
murdered by the prisoner at the bar. In various forms, such as the
officer of the Government chose to make, upon the investigation which
took place before the Grand Jury, the charge is presented, in the in-
dictment upon which the prisoner is now tried.
It has been stated to you, that it is competent for the Government,
or the officer of the Government, in preparing an indictment, to pre-
sent the charge in various forms ; because, upon the trial - the final
trial-some difference of evidence may render the different state-
ment of the particular grounds of the charge essential. It is compe-
tent, and the Government have availed themselves of that competen-
cy, to present different counts. I do not now speak, Gentlemen - it
is not necessary that at this moment I should-upon the different
manners in which the Government have, in this indictment, charged
this defendant with this crime. Enough, that the defendant is on
trial for his life, charged with, a capital offence.
To establish this charge against the defendant, there are certain
facts which it is indispensable that the Government must prove. They
must prove the death of George Parkman. They must prove that his
death was by the agency of another person: They must prove that
the prisoner at the bar was that agent; and that, in causing the death
of George Parkman, he acted with malice aforethought. If any one
of these facts is not proved, the Government cannot claim nor ask for
a conviction. Unless the death is proved, and that it was by the
agency of the individual, they can have no ground of conviction.
Unless they show that the death occurred, and by the agency of the
defendant, and that it was also with malice aforethought, they can
have no verdict for murder, but may have a verdict for a less offence
-for manslaughter.
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