Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1816-06-12
Further, gentlemen, it isa principle of

"S's i,S"NOHcu, IL II principle OF
W, that no breach Of mans word or pro-
ise-no tresPass either to lands or goods
-no stiront by word or gesture, viii ex-
use person from the crime of murder.
he becomes so far transported, as to kill
he person who then ofends him.
Apply this to the facts before you. Sup
bose then the house was in fact Smiths,
md that Carson, in going there on Satur-
lay to demand the possession Of his falni-
y, was trespasser it is the opinion of
the cnurt. that Smiths killing him, under
these circumstances, in the very act of
making such peaceable demand, is. in eve
~ principle Of law, murder in the first de-
gree.
To recapitulate all the testimony that
has been laid before you, would be an end.
less task, and add, an useless task (; be-
cause ON this trial, as OH all others, a great
deal of evidence hus been given, that has
no more bearing on the merits Of the case,
than one of Esop's Fables, or chapter
from Don Quixote. Evidence of this dis.
c"iption, it is not our practice to take
down in writing.
The material facts in this cause seem 10
be those. On the goth of January last, at
about ] 1 O'Clock at night, the prisoner in
the bar, shot John Carson through tie
head, of which he died on the 18th of the
next month. That on Wednesday tie
18th OF January, the prisoner and the de-
ceased dined together at the house of John
Carson. the corner Of Second and Dock
streets-on this occasion John Carson got
into rage, at seeing the prisoner assume
the direction of his children and his SER
wants, and seizing knife, made an at
tempt to strike him, the prisoner laid hold
of his arm, on which the deceased with the
other arm. took up another knife-Mss
Carson attempted to hold hei husband. but
breaking loose, he ran down stairs, with
two knives in his hands, in pursuit of
Smith, who had gone off without his hat.
Upon Mrs. Carson telling her husband, if
he wanted to commit murder, to murder
her, he exclaimed, Murder--Yes The
evening OF this very day, the prisoner was
seen in the kitchen with pair of pistols,
one of which was loaded, that he then de.
elared 6 that if Carson entered the door, to
lay hands on him, he aoouLd certainly shoot
him." In consequence of this violence of
John Carson, he was on the application of
the prisoner bound over the next day to
.eep the peace.
The next interview between the prison.
er and the deceased was on Saturday
evening, which terminated the mortal ca.
reer of John Carson, in the manner you
nave heard.
On this fatal evening, Carson came to
his house between z and 8 O'Clock, when
Mrs. Carson and Smith both lett it. Car.
$ IN then sent for thomas Baker and Jane
Baker, the parents of Mrs. Carson, who,
about 10 O'Clock, went to the house. On
coming there, they found Carson in the
china sture--he, and they went up stairs
in the parlour. Between 10 and ii that
evening, Thomas Abbot went home, aud
being informed that MIR. and Mrs. Bake,
who lived under his roof, had gone to Mrs.
CarsOn's, he determined to follow them
there. When he got near the house, he
saw Mrs. Carson, and went with her INFO
the Office of Jonathan b. Smith, i'm the
neghbourhood of Carson's house. The
prisoner came III soon after, and asked Ju-
nathan Smith to give him the pistol,
which was refu,ed.-Mrs. Carson then
aid, let us go--you knolo vhere there is !
me The prisoner swore, if Carson at.
empted to touch him he ,yo,lid kill him.
The prisoner, Mrs. Carson and Thomas |
Abbot, left the office of ]. b. Smith toec-
ner, and canning to the house of Car
'on, Abbot stald below, and Mrs. Carson
md the prisoner went up stairs. In about
minute Abbot followed them up stairs,
md passing the prisoner standing in the
Entry, with his right hand upon his breast,
lnder his surtout coat, and his left hand
llso on his breast he went into the par
our, where he found captain Carson. Mrs.
arson, Thomas Baker, and Jane
Baker. Abbot had not been in the room
more than minute, when the prisoner
anne in, and stood Uear the dour. In the
ame attitude in which he appeared in the
.ntry; that is, he had his right hand under
ms surtout, DuttoDed on top and bottom,
nd his left hand on his breast, over his
lght hand. Capt. Carson then got up,
ind told the prisoner he had come to take
,eaceable possession of his house, that out
Il TIE house he must go. The prisoner
hen said, very well, aud turning to Mrs.
arson, finn, shall I go, who replied, No,
tay. The prisoner then went to the |
forth east corner, and Carson following
lin, told him again, and repeated it two /
IT three times, he must leave the house
ny hands are tled--I have no weapon-at
his time, he held his hands down by his
Ide, open--that Carson had nothing in
us hands. Upon this, Smith drew a l,is-
Ul from under his surtout coat, and Shot |
Carson in the mouth, and throwing the pis-
Iol on the ilOor ran down stairs as fast as
re could, that captain Baker pursued him,
among the China, and overlook |
lim, on the step Of the front door. Smith
the prisoner when conveyed to gaol, had