The  first  proposition  which  I  mean  to  mainfeain  as  afoundft-
tioa  for  a  new  trial,  is  this  :

That  when  a  bill  of  indictment  is  foimd,  or  an  informatioa
filed,  charging  any  crime  or  aaisdemeanor  known  to  the  law
^  England,  and  the  party  accused,  puts  himself  upon  the
eottntry by  pleading  the  general  issue,  Not  Guilty:—- The
fmj  are  gekxrallt  charged  with  h^  deliverance  ^m
Aat  €MJMKy  and  not  spbciaixy  firom  the  fact  or  facts,ln  die
commission  of  which  the  indictment  or  information  charges
the  enme  to  consist;  much  leas  from  any  single  fact  to  the
axduaion  of  odiers  charged  upon  the  same  recorIL
.  Secondly,  I  mean  to  maintain,  that  no  act  which  the  law  in
its  general  dieory  holds  to  be  criaainal,  constitutes  in  itself  a
crime  abstracted  from  the  mischievous  intention  of  the  actor ;
that  the  intention,  even  where  it  becomes  a  s4m|^  infer*-
of  reason  from  a  fact  or  iiicts  estabUsked,  may,  and  ought
to  be,  coUected  by  the  Jury  with  the  Judge's  assistance ;  be*-
otttte  the  act  chax^ged,  though  ests^lishedas  a  fact  in  a  trisd  on
the  general  inue,  does  not  necessarily  and  unairoidably  estab-
lish the  oiarinal  intention  by  an^  abstract  conclusion  of
law  $  die  establishment  of  the  foct  being  still  no  more  than
mdmce  of  the  crime,  but  not  the  cruce  iTSELr,  unless  the
Jury  render  is  so  themselves  by  referring  it  vtcduatarily  to  th«
Court  by  specisd  verdict.
I  wish  to  explain  this  proposition.
