Report of the Trial of Samuel M. Andrews: Indicted for the Murder of Cornelius Holmes, Before the Supreme Judicial Court of Massachusetts, December 11, 1868. Including the Rulings of the Court Upon Many Questions of Law, and a Full Statement of Authorities Upon the Subject of Transitory Insanity
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afterwards Andrews arrest asked Attorney-General blood blows body Boston brother called Castelnau cemetery charge Chief Justice Chiltonville Choate church circumstances committed Commonwealth Cornelius Holmes counsel Court crime Cross-examined Damon Davis death deceased deliberately premeditated disease Edward Holmes evidence examined facts Frank Robbins garden gentlemen guilty hand head heard Hollis Holmes's homicide human innocent inquired insane Jarvis Joseph Holmes jurors jury killed Kingston knew large pocket-book Leach lived Macoy malice aforethought mania manslaughter mind minutes morning mother motive murder never Newcomb Newmarket night o'clock opinion Paraclete paroxysm Peckham person Pierce Plymouth pocket present prisoner prisoner's proof prove question reason remember road Robbins Russell Mills Samuel sane sanity Somerby spoke Sproul stains statute stones sudden suppose sworn talk tell testified testimony Thomas Newcomb thought tion told took trial wallet wanted wife witness
Page 210 - If a man also lie with mankind, as he lieth with a woman, both of them have committed an abomination: they shall surely be put to death; their blood shall be upon them.
Page 249 - Yea, mine own familiar friend, in whom I trusted, which did eat of my bread, hath lifted up his heel against me.
Page 10 - The court shall, on request of either party, examine on oath any person who is called as a juror therein, to know whether he is related to either party, or has any interest in the cause, or has expressed or formed any opinion, or is sensible of any bias or prejudice therein ; and the party objecting to the juror may introduce any other competent evidence in support of the objection...
Page 4 - Holmes then and there instantly died ; and so the jurors aforesaid, upon their oath aforesaid, do say that the said Samuel M.
Page 249 - For it was not an enemy that reproached me; then I could have borne it: neither was it he that hated me that did magnify himself against me; then I would have hid myself from him: 13 But it was thou, a man mine equal, my guide, and mine acquaintance. 14 We took sweet counsel together, and walked unto the house of God in company...
Page 24 - Another rule is, that the circumstances taken together should be of a conclusive nature and tendency, leading on the whole to a satisfactory conclusion, and producing in effect a reasonable and moral certainty, that the accused, and no one else, committed the offense charged.
Page 3 - And so the jurors aforesaid, upon their oath aforesaid, do say that the said John L. Chapman, the said Reuben Cozzens, then and there, in manner and form aforesaid, feloniously, wilfully, and of his malice aforethought, did kill and murder; against the peace of said commonwealth, and the form of the statute in such case made and provided.
Page 91 - Signed, sealed, published and declared by the testator as and for his last Will and Testament, in the presence of us, who in his presence, and at his request, and in the presence of each other, have hereunto subscribed our names as witnesses.
Page 181 - In every charge of murder, the fact of killing being first proved, all the circumstances of accident, necessity, or infirmity are to be satisfactorily proved by the prisoner, unless they arise out of the evidence produced against him; for the law presumeth the fact to have been founded in malice, until the contrary appeareth.