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THOMAS O. SELFRIDGE,
COUNSELLOR AT LAW,
BEFORE THE HON, ISAAC PARKER, ESQUIRE.
ON THE PUBLIC EXCHANGE, IN BOSTON,
AUGUST 4th, 1806.
TAKEN IN SHORT HAND,
AND OLIVER AND MUNROE.
[ Retail Price One Dollar in Boards. ]
233. e 159.
E IT REMEMBERED, that on the twenty-sixth day of January, in
ica, RUSSELL & CUTLER, BELCHER & ARMSTRONG, OLIVER & MUNROE, and WILLIAM BLAGROVE, of the said District, have deposited in this Of fice the Title of: a Book, the Right whereof they claim as Proprietors, in the words following, to' wit :
6 Trial of THOMAS O. SELFRIDGE, Attorney at Law, before the Hon. ISAAC PARKER, Esq. før killing CHARLES AUSTIN, on the Public Exchange, in Boston, August 4th, 1806 ; taken in short hand, by T. Lloyd, Esq. Reporter of the Debates of Congress, and Geo. Caines, Esq. late Reporter to the State of New-York, and sanctioned by the Court, and Reporter to the State.?" ;
In conformity to the Act of the Congress of the United States, intitled,
WILLIAM S. SHAW,
THE Publishers haye spared no labour or expense, to obtain an authentic and accurate Report of this Trial. The evidence, being originally taken by two eminent Stenographers, has been compared by Mr. Tyng, Reporter of the Decisions of the Supreme Judicial Court, with the Notes of the Testimony taken by him, and with the Minutes of the Hon. Judge, who sat in the Trial. The several Addresses have been submitted to, and corrected by the respective Speakers.
The Court was opened on Tuesday the 25th day of
The Hon' THEOPHILUS PARSONS, L. L. D. Chief Justice.
Thomas Handasyd Perkins, Esquire, Foreman. Samuel Emmons, George Paine, Daniel Tuttle, Joshua Davis, Jedidiah Parker, David Townsend, Jonathan Kelton, Moses Gardner, Joseph Francis, Mitchell Lincoln, Samuel Sturgis, Charles Vose, Stephen Gore, Gamaliel Bradford, William Harris, William M'Neil Watts, Daniel Dennison Rogers, William Walter, William Shimmin, all of Boston, and Caleb Pratt of Chelsea, the Chief Justice delivered a learned and impressive charge, from which the following extract, as having more immediate relation to the subject of this Report, is copied by permission.
-"Felony affecting life is either murder, or manslaughter. Murder is the wilful killing any person of malice aforethought, either expressed or implied.
The malice is express, when there was a premeditated intention to kill. Malice is implied, when the killing is attended with circumstances which indicate great wickedness and depravity of disposition, a heart void of social duty, and fatally bent on mischief.
Formerly if the husband was maliciously killed by his wife, or the master by his servant, the offence was adjudged to be petit
* It was understood that suggestions had been received from the Attorney General, that he had some legal objections to the return of the Jurors from Boston, upon which it was desirable to have the opinion of the full Court; and that these suggestions were the occasion of the presence of the other members of the Court besides Judge Parker, to whom this session had been assigned. The objections being considered and overruled by the Court, but one Judge sat in the trials after the first day, except in the trial of one indictment for murder.