went to walk? They answered that it was partly to exercise, and
partly to perform their duty as professors of religion. They said
they had made up their minds 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