It would be difficult to give it one, in
decorous terms. Is it not to be taken for granted, that a man seeks to
accomplish his own purposes? When he has planned a murder, and is
present at its execution, is he there to forward or to thwart his own
design? Is he there to assist, or there to prevent? But "curiosity"! He
may be there from mere "curiosity"! Curiosity to witness the success of
the execution of his own plan of murder! The very walls of a court-house
ought not to stand, the plowshare should run through the ground it
stands on, where such an argument could find toleration.
It is not necessary that the abettor should actually lend a hand, that
he should take a part in the act itself; if he be present ready to
assist, that is assisting.... The law is, that being ready to assist is
assisting, if the party has the power to assist, in case of need. It is
so stated by Foster, who is a high authority. "If A happeneth to be
present at a murder, for instance, and taketh no part in it, nor
endeavoreth to prevent it, nor apprehendeth the murderer, nor levyeth
hue and cry after him, this strange behavior of his, though highly
criminal, will not of itself render him either principal or accessory."
"But if a fact amounting to murder should be committed in prosecution of
some unlawful purpose, though it were but a bare trespass, to which A in
the case last stated had consented, and he had gone in order to give
assistance, if need were, for carrying it into execution, this would
have amounted to murder in him, and in every person present and joining
with him.
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