Trial of Robert M. Goodwin; On an Indictment for Manslaughter for Killing James Stoughton in the City of New York 1819 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1820 Excerpt: ...to alter the offence charged if it was accidental, and the antecedent quarrel cannot alter the matter one way nor the other, as long as it is a trial for manslaughter. Mr. Emmet enlarged upon this, and spoke particularly of one witness who had gone upon pressing business to the Havana, as soon as it was known that the prisoner was only charged with manslaughter, and was told that his evidence would be unnecessary; but who would have staid, at every risk and loss to his own private fortune, bad not this been understood: that the court knew, also, that in this case, the witness could not be examined out of court. If a declaration of a day before would alter the transaction, so would one of a year before, and my client must be prepared for all; and from the oracular language of the counsel, this appears us but an entering wedge. A day, a month, a year, are all equal upon principle, and then we see what a floodgate is thrown open to let in charges impossible to be answered. Whatever makes a part of the crime charged is evidence; and though it tends to convict, we cannot object to it. But where the matter is not a necessary ingredient to make it either manslaughter or any other kind of homicide, it is inadmissible. I invoke the salutary principles and rules of law laid down in the trial of Selfridge, as the shield with which the law protects the accused, when his life, his liberty, or his character is attacked. The Mayor. I have given a previous intimation on this point: but made up no opinion, being free to alter my views upon hearing sufficient argument. But I must regret that I am obliged to differ with the counsel; I must say that I do not find this decided in Selfridge's case. The matter was talked over by the court and the bar, and the court gave no opinio...