Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1816-06-12

that the pistols wore procured for self de-
fence. Ii this was really the case, it is much
to be lanented. they were employed for
most mschievous and deadly purpose.
The dying declarations of John Carson
are or weight in this cause, who averred,
when he lost all hopes of living, that the
prisoner had come, like an assassin, and
shot him like cozcar0. This description
of the offence of the prisoner, accords very
much with the representation of it gwen
by the witnesses.
The Hight of the prisoner, is always, in
the eye of the law, evidence of guilt. Smith
had no sooner discharged the fatal ins,ru-
ment, than It was dashed on the floor, and
he fled from the room, with the utmost
speed. His fall among the china, the diff
cuity OF getting through the street door,
VIII ch opened inwardly. and his stumbling
at the front door, were tae providential
circumstances that prevented his escape.
The man who has committed no CRIME,
IN general faces his accusers, and boldly
maintains his innocence.
On the other hand, the guilty creature,
who knows he has exposed himself to the
Just vengeance of the law, is uniformly
seen to endeavour to avoid, by flight, that
punishment, which he is conscious he has
merited. at every earthly tribunal.
A good deal has been said of the history
OF captain Carson's life and character
Alas gentlemen, it is the melancholy his
tory OF his death, you are called upon to
near and to decide. He had settled hrs
differences with his wife OH Friday; and,
anxious for re union, had formed plan
OF getting possession of his house on Sa-
Nrday, the next day. He very naturally,
therefore, sends for his wife's nearest con p.
IN he, l..
prsoner to quit his house. 1t is plain, they
were nor sent for to assist him to take pos
session by force, because they came with
out arms, and no force was used. But
whatever was his motive, it was so order
ed by Providence, that it was an invitation
to his death and funeral.
1t is trus, gentlemen, Smith did go on
Saturday night, to look for magistrate,
10 TURN carson out, as he expressed it.
be ng disappointed, he resolved to take the
law into his own hands, and deliberately
pr curing pistol, went forward into the
room, where he knew Carson was. and
cooliy q scliarged It's contents into his head.
Justice is cortsinly due to the prisoner
in The ha,-nobody doubts it.
But is justice due to Richard Smith oulv
is no ju tice due to the publc-Is no i,is-
tire due TO society! Is the lite Of man of
no value is no atonement to be made TO
offended w, for the sh~dTing of innocent
bloc Judge for yourselves. gentlemen.
runishmenr is not the province of court
and jury Our rulers, the legislature of
our country. have established a penal code,
assigning to each crime, its proper punish
merit upon this point, We have 10 right
60 ca ,on-acquiescence is our duty.
i VII however observe gentlemen, that
The nrartire of p.+;cxc
barons accords with the voice of religion.
which is the voice of God who SO shed
deth mans blood, that is, deliberately sheds
II, ny man shall his blood be shed.
WHAT is the case before you in substance.
| and IN a few words 1t is this
| Inc prisoner having by coionr and forms
OF laws acquired unlawful possession of the
| house of Carson, of his goods and chattels
W his wife and children, deliberately sho.
him, afterwards. in his own house, in the
very act of peacably demanding restitution
OF III that was dear to him.
| 1t is fine reelection of c. Justice Hale
" Let me remember" says that great and
| good man, "when find myself inclined
| to hHy criminal, that there is also tify
due to the people and to the country
The court have done their duty-it re-
mains with you to do your duty.
| Remember, gentlemen, the vows Of God
are upon you. to decide according to law
AMI to evidence.
| We have stated both the law & the facts,
and leave you to judge for yourselves you
have right to determine both.
| Ii ylu believe the wisnessss, who were
present, and saw the crime committed; it is
| your duty to convict the prisoner of muir
der IN the first degrce-but if you do not
believe the witnesses, it is your duty to &C