ntment; that they did not suppose the absence of
this averment could be of any practical consequence to the defendants,
so far as respected the substantial merits of the cases; and it was
true the objection to the indictment was "technical;" but they held it
sufficient, notwithstanding the averment that the warrant was "_duly
issued_," and ordered the indictment against Stowell to be quashed. On
every other point, save that that the Court could properly construct
the Jury _roster_ and return the Jury from a portion of the District,
the Judge said they would express no opinion.

Mr. Hallett insisted on his right to enter a _nolle prosequi_ in the
other cases; and the Judges decided that, though all the cases had
been heard upon the motion, yet as it could make no difference whether
an entry were made that this indictment be quashed, or an entry of
_nolle prosequi_, the Attorney might enter a _nolle prosequi_ if he
chose to do so _then_, before the Court passed any order on the
motions.

Mr. Hallett accordingly entered a _nolle prosequi_ in all the other
cases, and the whole affair was quashed.[3]

[Footnote 3: See Law Reporter for June, 1855.]

DEFENCE.

MAY IT PLEASE THE COURT:

GENTLEMEN OF THE JURY.--It is no trifling matter which comes before
you this day. You may hereafter decide on millions of money, and on
the lives of your fellow men; but it is not likely that a question of
this magnitude will ever twice be brought before the same jurymen.
Opportunities to extend a far-reaching and ghastly wickedness, or to
do great service for mankind, come but seldom in any man's life. Your
verdict concerns all the people of the United States; its influence
will reach to ages far remote, blessing or cursing whole generations
not yet born. The affair is national in its width of reach,--its
consequences of immense duration.

In addressing you, Gentlemen, my language will be more didactic than
rhetorical, more like a lecture, less like a speech; for I am not a
lawyer but a minister, and do not aim to carry a Measure, which with
you will go of its own accord, so much as to set forth a Principle
that will make such prosecutions as impossible hereafter, as a
conviction now is to-day.

Gentlemen, I address you provisionally, as Representatives of the
People. To them, my words are ultimately addressed,--to the People of
the Free States of America. I must examine many things minutely, not
often touched upon in courts