If a riot should happen in the court-house, and one
should kill another, this may be murder, or it may not, according to the
intention with which it was done; which is always matter of fact, to be
collected from the circumstances at the time. But in secret murders,
premeditated and determined on, there can be no doubt of the murderous
intention; there can be no doubt if a person be present, knowing a
murder is to be done, of his concurring in the act. His being there is a
proof of his intent to aid and abet; else, why is he there?
It has been contended, that proof must be given that the person accused
did actually afford aid, did lend a hand in the murder itself; and
without this proof, although he may be near by, he may be presumed to be
there for an innocent purpose; he may have crept silently there to hear
the news, or from mere curiosity to see what was going on. Preposterous,
absurd! Such an idea shocks all common sense. A man is found to be a
conspirator to commit a murder; he has planned it; he has assisted in
arranging the time, the place, and the means; and he is found in the
place, and at the time, and yet it is suggested that he might have been
there, not for cooperation and concurrence, but from curiosity! Such an
argument deserves no answer.
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