[Mr. Wolfe quoted legal authorities to maintain the same legal
poincs as those made by Messrs. Marshall and Crittenden.]

The Court here adjourned for dinner.
\



|$l^ TRIAL (NP THB WARDS.
Afternoon Session.
[When the Court met after dinner, the Judge said he had
conversed with the Reporter and with the Agent of the Courier,
and they had convinced him they had only furnished reports on
condition they should not be publisb^l till after the close of the
trial; as there was no wrong doer here, and the Publisher had
withheld the papers from the vicinity of the Court, he should let
ihe matter pass.]

Mr. Wolfe then resumed :

Gentlemen of the Jwry : — While I throw off the idea that
jou are to discard all regard of the social relations of life, and
•that you are to be forgetful of mercy, yet I ask you on the law
•tind the facts to acquit the prisoner.
You have heard the definition of murder read from the books,
it must be attended with malice. You have been told that if a
man seeks provocation, that provocation is no excuse. Yet the
law is, that if A moves towards B and strikes him, and B attack
A, ftnd drive him to the wall, and then A kill B, he is justified,
though he provoked the attack. There is not a man that would
not justify kiUing in such a case.
