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APPENDIX. 381
transpired in the court-room is already known to the public. When
our foreman then pronounced that awful wcrd-Guilty! the jury -as
well as the prisoner trembled and grew faint. And what a relief it was
to us, when we were again allowed to go free and rejoin our families
and friends, after so long and painful a separation! And there was nct
a juror's heart but would have leaped for joy, could the prisoner have
been justly allowed the same unspeakable- blessing.
ONE OF THE JURY.
Boston, April 3, 1850.
OPINION OF MR. JI.ST,ICE WILDE IN YORK'S CASE.
As allusion has been made in more than one instance during the course of
the trial,
particularly on pages GJ anJ 111, to the dissenting opinion of Al, Honor
Mr. Justice
W ilde, in the case of Com»eonzveallk v. York 9 111tt., 93; and as very
erroneous impres-
sions seemed to have prevailed in this vicinity, tarnong legal gentlemen,
even,) as to the
grounds taken by His Honor in that case, and as to the consistency of those
grounds with
the charge to the jury delivered by the Chief Justice, the Reporter deems
it pertinent to
subjoin the following summary of the law to be deuced from that dissenting
opinion.
It will be noticed that it makes the case of secret murder a special
exception. The
reader will also have noticed, from the opinion or the Court pronounced by
Cnief Justice
Shaw at the law-hearing, that the bench in the present trial were unanimous
upon all tile
questions of law arising out of any part of the case. -H.un.
SUMMARY OF OPINION.
1. When the facts and circumstances of a homicide are proved to
the jury, there is no legal presumption of malice; but that, as well as
the killing, is to be determined by the jury from the evidence; and, if
they doubt as to the malice, they cannot convict of murder.
2. If there be any presumption of malice from the proof of the killing
by the prisoner, that presumption may be rebutted by evidence; and
it, on the whole, the jury doubt as to the malice, they cannot convict
of murder.
3. In case of a secret murder, where no provocation is proved, malice
may be presumed.
ARRANGEMENTS FOR THE JURY TRIAL.
It seems deserving of passing mention to allude to the locality and
arrangements for the conduct of the jury-trial.
Representations have been made through the .public newspapers of
the propriety and desirableness of a change of session from the ordinary
place of holding the Court in the Supreme Court room, to some place
capable of containing a larger audience; and the Tremont Temple,
and other large halls in the city, had been named. But the judges,
being fully satisfied of the greater accommodations afforded by the
Court House for many of the necessary purposes of the trial, gave little
countenance to the suggestion and Sheriff Eveleth accordingly made
arrangements for the session there, which, it is believed, most Success-
fully answered the purposes of justice, and at the same time satisfied,
so far as practicable the curiosity of the public. By barricading the
usual entrance to the spectators' seats, and only granting admission
to the gallery, and at the same time stationing a police force so as to
effect a change of audience in the gallery every ten minutes, and then
issuing cards of admission to the entrance on the inner side, a great
degree of quiet was secured around the bench and jury-seats, and a
large number outside the bar were enabled to catch a passing glance,
at least, of the proceedings. With a comparatively small force, complete
order was thus preserved on the outside, with the exception of one or two
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