``But, gentlemen of the jury, the pinch of the
case lies in the interval of two hours interposed
betwixt the reception of the injury and the fatal
retaliation. In the heat of affray and _chaude mel
e_,
law, compassionating the infirmities of humanity,
makes allowance for the passions which rule such
a stormy moment---for the sense of present pain,
for the apprehension of further injury, for the difficulty
of ascertaining with due accuracy the precise
degree of violence which is necessary to protect
the person of the individual, without annoying
or injuring the assailant more than is absolutely necessary.
But the time necessary to walk twelve
miles, however speedily performed, was an interval
sufficient for the prisoner to have recollected
himself; and the violence with which he carried
his purpose into effect, with so many circumstances
of deliberate determination, could neither be
induced by the passion of anger, nor that of fear.
It was the purpose and the act of predetermined
revenge, for which law neither can, will, nor ought
to have sympathy or allowance.
``It is true, we may repeat to ourselves, in alleviation
of this poor man's unhappy action, that
his case is a very peculiar one.
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