Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1816-06-12
tits not pretended, there was anv ncc;.

II IS not pretended, there was any acct
se'a IN the case. The killing, therefore
was loiJM, and ON purpose.
Was 1t deliberate and premeditated or
was II the effect OF a sudden passion, pro-
duced by reasonable provocation.
There is no evidence TO shew. a suJjen
passion, or that the prisoner had, that even.
ing, received any provocation from the de-
ceased. All the witnesses, who were pre-
sent, agree, that Carson did not touch him,
or lay the weight Of his finger upon him.
The killing therefore, was not the effect
of sudden passion-But was it deliberate.
gentlemen ? Look at the prisoner stand.
ing IN the entry, with the pistol buried I'M
der his sdrtout, see him entering the pari r.
in the same attitude taking his stand.
drawing the pistol, and coully discharsing
1t into the mouth of Carson, and a k youf.
selves whether, this was not a most define.
rate actl
Was the the killing premeditated ? On
"Wednesday night ne had prepared hms elf
with pistols, and declared, if ever Carson
entered the door, TO lay hands on him. he
would certainly shuot him. On Saturday
evening ne made a similar declaration.
He did not however wait, till Carson
touched him, but shot him, without receiv.
ing from him, the least personal injury, or
even threat.
In the language ofChief Justice M'Keau,
we add that, where man, without utter.
ing word. strikes another on the head
with an axe, it is an act of premeditated
violence.
What is the language Of the court in the
case OF the commonwealth u, O'Harra
Ii the prisoner have time to think and did
intend to Kill for minute, it is wiffui deli
berate and premeditated killing, as well as
lie maui intended To xiii xiii, fer an hSur or q
day.
With respect to the conduct of Carson
at his own house on Wednesday, in
drawings knife on Smith, it was altose-
ther unjusti6able. What would have been
the consequence, if he had killed him, we
are not noe called upon to decide. This
we VIII say. tina, tloo wrongs cannot make
a right-that CarsOn's violence on We'd
nesday, can never justify Smith, in deli
berately killing Carson on the Saturday
following.
Who is there amongu us, that wiIliust;fy
assassinafionP No body, trust. But Il
is quite as sy,to justify assassination, ON
The principle ut of Revenge, as the con-
duct OF the prisoner, in deliberately shoot
ing Carson through the head three DAYS
alter Carson had injured him.
Much has been said of the principle of
sell defence, as applied to the Prise, err,
but with what p,opriety we are not a
loss to discover. Who laid hands on him ?
who attacked him who threatened him ?
who touched him 2
He went voluntarily into the room,
chose his station, and fired when he |
leased. lie was not dragged into the
rom, and there detained against his will. |
On the contrary, he only was armed, and |
under restraint from no person.
1t has been said by one OF the witnesses,
that the pistols were procured for SELF de.
fence. II this, was really the cas- it is much |
to be lamented, they we're employed for |
most mischievous and deadly purpose.
The dying declarations of John Carson
are OF weight in this cause, who ayerred. |
when he lost all hopes of living, that the |
prisoner had come, like an assassin. and
shot hlm like acoDard. This description of |
the offence of the prisoner, accords very |
much, with the representation of il, given
by the witnesses.
The hight OF the prisoner, is always in
the eye OF law, evidence of guilt. Smith
had no sooner discharged the fatal instru-
ment, than it was dashed on the floor, and
he fled from the room, with the utmost
speed. dis fall among the china, the diff
hcuity VI getting through the street door,
which opened lnwardly, and his stumbling
at the front door, were the providential
that prevented hi escape.
HE man who has committed no CRIME.
IN general faces his accusers, and boldly
maintains his Innocence.
On the tier HAND, the guilty creature,
who knows he has exposed himself to the
Just vengeance vi the law, Is uniformity
seen to endeavor to avoid by fight, that
punishment which he is conscious ne has
nerlted, at every earthly tribunal.
good deal has been said OF the history
Vi captain Carson's life and character.
Alas gentlemen, II is the melancholy his
Tory vi his death, you are called upon To
near and to decide. He had settled his
Inference with his wife on Friday and
anxious Tor Reunion, lIad formed pla1 of
getting possession of his house Oh Safur-
lay, the next day. He very naturally,
therefore, sends iul his wiie's nearest con-
nechons,tV be witnesses OF his ordering the
prisoner TO quit his hous5. 1t is lialn,
they were not sent for to assist him TO take
10y force, because they came
without arms, aud no tOice was used. But
whatever was his motive, Il was 50 ordered
ny ProvIdence, that is was an invitation tn
h death anu funeral.
1t Is true, gentlemen, Smith did 90 on
saturday hloIi, to look for a ma istraIe, u