"In the original cause of the misunderstanding, we must in justice give the right to the prisoner at the bar. He had acquired possession of the enclosure, by a legal contract with the proprietor, and yet, when accosted with galling reproaches he offered to yield up half his acquisition, and his amicable proposal was rejected with scorn. Then follows the scene at Mr. Heskett the publican's, and you will observe how the stranger was treated by the deceased, and I am sorry to observe, by those around, who seem to have urged him in a manner which was aggravating in the highest degree. "Gentlemen of the jury, it was with some impatience that I heard my learned brother, who opened the case for the crown, give an unfavourable turn to the prisoner's conduct on this occasion. He said the prisoner was afraid to encounter his antagonist in fair fight, or to submit to the laws of the ring; and that therefore, like a cowardly Italian, he had recourse to his fatal stiletto, to murder the man whom he dared not meet in manly encounter. I observed the prisoner shrink from this part of the accusation with the abhorrence natural to a brave man; and as I would wish to make my words impressive, when I point his real crime, I must secure his opinion of my impartiality, by rebutting every thing that seems to me a false accusation. There can be no doubt that the prisoner is a man of resolution--too much resolution; I wish to heaven that he had less, or rather that he had had a better education to regulate it. * * * * * "But, gentlemen of the jury, the pinch of the case lies in the interval of two hours betwixt the injury and the fatal retaliation. In the heat of affray and _chaude melée_, law, compassionating the infirmities of humanity, makes allowance for the passions which rule such a stormy moment--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 and deliberate determination with which he carried his purpose into effect, could neither be induced by anger, nor fear. It was the purpose and the act of pre-determined revenge, for which law neither can, will, nor ought to have sympathy. * * * * *