Life and trial of Dr. Abner Baker, Jr : (a monomaniac), who was executed October 3, 1845, for the alleged murder of his brother-in-law, Daniel Bates : including letters and petitions in favor of a pardon, and narrative of the circumstances attending his execution, etc. etc. / by C.W. Crozier ; trial and evidence by A.R. M'Kee.
- Crozier, C. W.
- Date:
- 1846
Licence: Public Domain Mark
Credit: Life and trial of Dr. Abner Baker, Jr : (a monomaniac), who was executed October 3, 1845, for the alleged murder of his brother-in-law, Daniel Bates : including letters and petitions in favor of a pardon, and narrative of the circumstances attending his execution, etc. etc. / by C.W. Crozier ; trial and evidence by A.R. M'Kee. Source: Wellcome Collection.
Provider: This material has been provided by the National Library of Medicine (U.S.), through the Medical Heritage Library. The original may be consulted at the National Library of Medicine (U.S.)
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![We do not complam that the Commonwealth is represented by extra counsel—nor do we object to the unusual number. Bui we do rightfully complain that the hired supernumeraries have argued tins ease—not so- berly nnd solemnly on the law ami i he testimony—but, by leaving the field of legitimate argument, and. by assumption and declaration, struggling to inflame your passions and deceive your judgment. It is a melancholy truth that, in some respects, they have all argued as ii they wen- speak- ing to earn contingent fees and please their clients, instead of faithfullj and candidly representing the Commonwealth. And, thus seeing monej in one scale and blood in the oilier, we have cause to fear that the money will outweigh the blood, and that our cause may sink under the weight ol a combination unsurpassed in activity and wealth. The gentleman from Madison, who opened the argument, devoted at least one hour To the irrelevant purpose of proving the alarming preva- lence of crime and immunity, and the importance of convicting and hang- ing one. of the ruffle-shirt gentry and especially a Doctor or a Lawyer. Was lie then representing the Commonwealth? Does she desire unjust conviction by such appeals.' And when the law and the facts require conviction, is it ever necessary and proper for herto make the demagogue's harangue? The guilty should be punished, and 1 know that too many have escaped. But it is the art of lawyers, chiefly and not so much the ignorance or compassion of juries, that has paralyzed the criminal law. And my friend from Madison must allow me to remind him that no crimi- nal advocate within his range of practice lias been more instrumental than himself in preventing the condign punishment of the guilty. And I am not sure that his resort, in this instance, to his accustomed arts in the de- fence of criminals, may not do for the Commonwealth what he lias so of- ten done against her—produce an unjust verdict. 7am for upholding and enforcing the law. But does not this gentleman know that the law i.» made for the protection of the innocent even more than for the punish- ment of the guilty? We too invoke the law—and in its name, and under its panoply, we ask for an acquittal; for we feel that nothing but God or the law can save the accused from the powers of destruction that are com- bined against him. Jt is not mercy so much as money that lias effected the escape of criminals, and thereby encouraged crime. And the only danger now is. that money may produce the opposite result—the condem- nation of a guiltless man. And does the gentleman, suddenly (hanging from the advocate to the prosecutor, expect to restore the law he has so much helped to paralyze, by hanging an insane man, one that is scarcelj the shadow of a man' And why does he so wish? Why now shall insanity be hung?. And why has guilty sanity so often escaped the gal- lows through the gentleman's influence? tin lm eyistheroot of all evilt It is this, more than any thing else, that saves the guilty— audit is this, too, that the accused in this case lias most to fear. The same counsel, not being able to meet fairly the conclusive testimo- ny of Dr. Richardson, assumed that lie is himself rather insane on the subjects of phrenology and mesmerism—and told you that tli-se Lex- ■ ■■ Doctors, one of whom was brought here ■■]>, enlighten and aston- ish ignorant mountaineers, could look at you and through you, and feel your pulse and your head, and then tell you all you on. and all you thin/, and feel. Is this a grave argument of our just mother, the Common- wealth? Was there any testimony which could give even color to these improper assertions? J know that Dr. Richardson has no faith in mes- merism, and but little in phrenology. And, though he is a Lexington Doctor, I presume that truth from his lips will be as true in the moun-](https://iiif.wellcomecollection.org/image/b21112058_0068.jp2/full/800%2C/0/default.jpg)
