ANCTUM EBNT.



   MAY IT PLEASE TILE COURT: We are admonished by Holy Writ
that man that is born of woman is of few days and full of trouble;
he cometh forth as a flower and is cut downl; he fleeth also as a
shadow, and continueth not.
                                   To-day he puts forth
           The tender leaves o' hope; to-morrow blossoms,
           And bears his lslish ing honors thick upon him:
           The third came a trost, a killing frost;
           And when lie thinks, good, easy man, full surely
           His greatness is ripening,"
he falls, like autumn leaves, to enrich our mother earth.  I have
not the time, therefore, even if I had the inclination, to follow thle
learne(l counsel who opened the case for the prisoners, in his excur-
sions beyond the legitimate domain of the present inquiry, either
to (lisdss questions which the Court has already expressed its de-
termination not to consider; or to argue a supposititious case of
murder upon an imaginary slate of facts; or to insist that the Court
should not assume authority to twist the well-settled principles of law
awry, in order to promote the (levelopment of the marvelous mineral
resources which lie on either side of the line between this State and
West Virginia.
   On the contrary, it is my purpose, in the remarks I shall have
the honor to submit in relation to the matter at bar, to be as brief as
II can, consistently, with the importance of the principles involved;
and I trust in dealing with those principles I shall be controlled en-
tirely by that decent respect and perfect candor that should always
characterize the conduct of counsel towards courts of justice of what-
ever dignity or degree.
   If, however, I should advert to propositions which may have
been already discussed, or seem at any time to dwell at undue
length upon principles with which your Honor is thoroughly familiar,
it will be through no lack of confidence in your Honor's legal Thtelli-
gence, nor from any disposition to abuse the courtesy or trifle with the
patience of the Court, but nerely to preserve, as well as I can, the se-
(quence of my argument.
                                ( 3)