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1 Arguments of Z. Collins Lee and Jere. Clemens, in Defence of Captain Schaumburg, Indicted for Assault and Battery with Intent to Kill Edward H. Fuller. Delivered March 30, 1854 1854

handle is hein.trials/acsj0001 and id is 1 raw text is: THE ARGUMENTS OF Z. COLLINS LEE AND JERE. CLEMENS, Is Defence of Captain Schaumburg, indicted for assault and battery with intent to kill Edward H. Fuller. DELIVERED MARCH 30, 1854. ARGUMENT OF Z. COLLINS LEE, EsQ. May it please the Court: Gentlemen of the Jurj, the period in the progress of this trial has arrived, when it becomes the duty of my learned colleagues and myself to present to you the defence, which, I think, we shall maintain upon all the well-known recog- nised principles of law, and upon a fair, full, and dispassionate discussion of the facts of this extraordinary case. The assistant prosecutor for the United States, (Mr. Chilton,) yesterday, con- gratulated you that this trial was about to terminate ; I, too, con- gratulate you; and I congratulate the administrators of justice in this court, that we come to the conclusion of this trial under very different circumstances from those which surrounded us at the former trial soon after this offence, charged upon our client, was committed-no excited popular feeling, no bias, or preju- dice prevailing in the public mind, can now be obtruded before the contemplation of this jury, to deprive them of a full and just investigation of all facts connected with the case. And when I glance my eye upon the twelve men selected as the representatives of the country, who, when they put their hands upon that Holy Book, declared they entered upon the re- sponsibilities of their position free from bias, and uninfluenced by any relation with either of the parties or preconceived opinions, I feel not a doubt that in presenting for your consideration all the facts and the principles of law of the case, we shall receive a verdict of acquittal at your hands. Before proceeding with the discussion of the evidence, I would say that my colleagues and myself yield nothing to the prosecu- tion in the desire to maintain the safeguards which the law of the land has thrown around personal rights and personal reputa- tion. The principles upon which we shall ask this verdict are those which belong to the conservative spirit of the present age, and while I shall endeavor to be calm and brief, yet if, when I

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