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 Early Criminal Trials.

433

and in company with Lieutenant Stein an-1 "It has been said by the counsel, it will be Captain Vratz, two German officers; all three all one whether it were with the knowledge men being in some sort retainers of the ' of Count C. or not. Now I must tell you,, gentlemen, the law is not so«; for if a gentle Count. man has an affront given him which he does The trial was before Chief Justice Pemseem to resent, if any of his servants offi berton. The jury was per mcdictatcm linguae, according to the privilege of strangers. The ciously, without acquainting him with it, out substance of the evidence was that Captain • of too much zeal and too forward a respect Vratz, knowing that an affront had been to their master's honor, will go and pistol given to the Count and having received an • and kill him that they apprehend has affront himself, resolved to punish Thynn. affronted their master, he not knowing of it, There could be no doubt of the guilt of the it will not charge their master with any guilt three actual participants; the question was at all. The law, gentlemen, is not so as was whether the Count was an accomplice before urged; for if it were without the Count's the fact. The evidence, which is fully re knowledge and direction, if a zealous captain ported, leads to the conviction that the Count has gone and overshot himself out of respect was cognizant of, if, indeed, he did not in to his master's honor, when really it was a stigate the purpose on the part of his dishonor to himself and all that were ac friends to call Thynn to account; but the quainted with it, this cannot lie upon him to indications are that their zeal carried them make Count C. guilty. But it lies upon me beyond their original purpose or instruc to direct you, for otherwise you might swal tions. Chief Justice Pemberton's charge was low it as a maxim, to be all one in law when conspicuously fair. For instance, he said in ir is not." The Count was acquitted. conclusion: