nds that the moiety of the fines they
expected to receive, they would give to some charitable
institution.

The defence rested on two points--_First_, That no crime or act
was proved to have been committed in Norfolk county--_Secondly_,
If it should be proved that the act complained of had been
committed, it was an act of _necessity_ and _mercy_.

Counsellor Churchill entered with much spirit into the cause, and
evinced that he had bestowed upon it much thought and labour. He
gave an elaborate history of the Sabbatical Institution, and
stated the various opinions and laws as to the division of holy
time. He said that many families in Boston, both poor and rich,
depended on milk to feed their children--that a large proportion
of the people had no conveniences for keeping it from Saturday
night till Monday morning; that those who had no other way of
disposing of their milk, but by delivering it to those who would
suffer without it, performed an act embracing both _necessity_
and _mercy_; that those who sat up all night for the purpose of
being up before day, to fatten on those who were performing the
before-named charitable act, were like the Jews of old, who, when
the Saviour of mankind raised the dead and restored the blind to
sight, cried out, Crucify him! the Jews were but the M'Clures of
the present day.

The Judge (MITCHELL) charged the jury, that, if they had doubts
whether any offence were proved to have been committed, within
the county, they must acquit; or, if otherwise, and they were of
opinion that it was necessary to deal out milk on the Sabbath in
extreme hot weather, they must acquit. He stated that his
neighbours bought milk of him, and took it on Sunday as on other
days, and thought it no crime. He did not cast up the score,
receive the money and rub out the chalks on that day; but
apprehended that his conduct was virtually the same as that
charged upon the defendant. The defendant pursued his regular
course, and in doing so, he saved his property from waste, and
relieved many from disappointment and distress. The clergy ride
from town to town on the Sabbath, and the physicians ride without
molestation. The Sabbath is a day of rest--but in the exercise
of its duties, reason is to be regarded. Such worldly concerns as