e case. What does the law mean,
when it says, that, in order to charge him as a principal, "he must be
present aiding and abetting in the murder"?

In the language of the late Chief Justice, "It is not required that the
abettor shall be actually upon the spot when the murder is committed, or
even in sight of the more immediate perpetrator of the victim, to make
him a principal. If he be at a distance, co-operating in the act, by
watching to prevent relief, or to give an alarm, or to assist his
confederate in escape, having knowledge of the purpose and object of the
assassin, this in the eye of the law is being present, aiding and
abetting, so as to make him a principal in the murder."

"If he be at a distance co-operating." This is not a distance to be
measured by feet or rods; if the intent to lend aid combine with a
knowledge that the murder is to be committed, and the person so
intending be so situate that he can by any possibility lend this aid in
any manner, then he is present in legal contemplation. He need not lend
any actual aid; to be ready to assist is assisting.

There are two sorts of murder; the distinction between them it is of
essential importance to bear in mind: 1. Murder in an affray, or upon
sudden and unexpected provocation. 2. Murder secretly, with a
deliberate, predetermined intention to commit the crime. Under the first
class, the question usually is, whether the offence be murder or
manslaughter, in the person who commits the deed. Under the second
class, it is often a question whether others than he who actually did
the deed were present, aiding and assisting therein. Offences of this
kind ordinarily happen when there is nobody present except those who go
on the same design. If a riot should happen in the court-house, and one
should kill another, this may be murder, or it may not, according to the
intention with which it was done; which is always matter of fact, to be
collected from the circumstances at the time. But in secret murders,
premeditated and determined on, there can be no doubt of the murderous
intention; there can be no doubt, if a person be present, knowing a
murder is to be done, of his concurring in the act. His being there is a
proof of his intent to aid and abet; else, why is he there?

It has been contended, that proof must be given that the person accused
did actually afford aid, did lend a hand in the murder itself; and
without this proof, although he may be near by, he ma