U.

Union Mutual Ins. Co. v. Commercial Mutual Ins. Co..

W.

231

119

49

141

582

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301

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548

386

Y.

CIRCUIT COURT OF THE UNITED STATES

FOR THE FIRST CIRCUIT.

MASSACHUSETTS DISTRICT, MAY TERM, 1854.

BEFORE

Hon. BENJAMIN R. CURTIS,1 Associate Justice of the Supreme

Court.

Hon. PELEG SPRAGUE, District Judge.

UNITED STATES vs. JOSEPH MINGO.

In a capital case the junior counsel has a right, in opening, to argue at length the law and the facts, but only one counsel has a right to close, except where all the witnesses examined by the defendant's counsel have been previously examined before the grand-jury, and were called at the trial by the government.

M. killed J. with a dangerous weapon, and the evidence was contradictory as to provocation, and as to which was the assailant. The Court instructed the jury that it was incumbent upon the government to prove a felonious killing, and if upon the whole evidence, the government had failed to satisfy the jury beyond a reasonable doubt, that the killing was felonious, the verdict of the jury must be: not guilty of murder."

1 Mr. Justice Curtis sitting in the Supreme Court during the month of May, sat in this Court during this term only in this trial for murder.