Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1816-12-21


executed without having recourse to
this measure Pie Judge observed that
while thus dcprecating the evils which
must result had such orders have been
given, either nj this, or any other period,
L. was satiiied that no circumstances had
or did now prevail among our ai:sitary or
naval commanders Ia exercise a Nrannl-
cal disposition on the contrary he was
firmly persuaded, and he felt proud in
Vrociainiing his belief, that they eXercis-
ed paterIlal and friendly esteem To-
wards every class oftheir fellow citizens,
who were under their command, and that
they were treated with all the tenderness
ard attention, which the nature OF the
service wouidpossibly admit, and which
they could reasonably expect; and this
was the way To ensure true discipline and
respect "a contrary practice must prove
highly detrimental TO the rising greatness
ofour military and naval fame what pa
rent would permit 4 child TO engage III
the service of his country, III the field or
oil board our public ships Ct war, IN sub
ordinate situations, ii on entering into the
service, they were 10 be treated like the
ont asts Of society, rathCr than as the
humble, but bold assertors of their couu
trs's rights ?Such doctrines might be
considered in dGspotic govcrnm 'nts AZ
cauonicai, but in the councils ;andcOuriS
cftlc nation, and among the citizens III
the United States at large, they would Ge
hooted AZ apocryphai.
Considering therefore from the evidence
which had been adduced, tnai no orders
had been given 10 the prisoner 70 use his
weapon in the way and manner that he
dih, oil this m,ianchoiy occasion that
IL was Il wanton exercise of power OF an
armed man over an unslrIned uaii-ttat
words however abusive cannot justify
blows, much less deat!i-that there was
hot the slightest evidence OF an attempt
to assault or strike tie prisoner, on the
contrary that lie adyauc q nearly twelve
Ieei ;owardihe deceased, then leaning in
AN unsuspecting position OIL the harness
cdsk, TO enable him to commit the horr,d
tieed-and that ills advance was made
witha slow pace, and the blow given with
such violence as to'pertoratc the rib, * en-
ter many inches into the heart ; that al
ter the commission of the crime, the de
fcndant showed no sorrow, contrltIon al
what he had done--that there was no ne
cessity existing al the time soto do that
Ii was his duty 10 have called either on
the guard or the bye ISLANDERS 10 protect
him before he proceeded 10 such eAtre-
m;ties-that lac had no legal authority
in any event 10 take away the life OF a
citizen, from any right attached TO his
situation, under the then existing cir
cumstances the Judge observed that ac-
cording T." the rules of law, there appear
ed nothing LETT IN the cause, Ii the jury
believed the evidence, 10 present YER
dict un.avOrable TO the prisoner accord
ing to the charges in the Indictment, un-
less they should be led TO conclude, that
when he marched IN towards the daceas-
ed, lie only meant Ia ,nticta slight wound,
winch though done with a deGdly 'ceGpo,,
yet was weapon legally and necessarily,
aud not designedly in his possession as a
sentry but the Jury in admitting doubts
10 arise, ought 10 take into view all the
circumstances. as we'll before aS aft the
commission of the decd; that doubts
ought to be reasonable and not frivolous
ones-and as the prisoner had declared
before the deed was performed, that if
the deceased renewed the charge OF theft
against him, he scoWid y'sni him through the
body as he marched deliberately up
nearly twelve feet TO enable him to exc
cate his purpose-that the blow was Civ
eli with such violence as TO perlorAte the
rib, and after pass through the heart
and that the prisoner shcw no compnnc-
tion or conirliOn on being tod that he had
killed LunStrt.n, they must determine
whether I.e ought TO avail ofthis consider
alton.
The Jury retired abouttwo o'clock, and
1hc Court adjourned until 5 p. NJ. when
the prisoner was brought into Court, and
the Jury by their foreman returned YER
dict that he was-GmAy Of tie crime Of
Uuy'der.
The prisoner by his Counsel afterwards
objected to the jurisdiction Of the Court
to try the cause. The Court pro .torme
decided or the question, and sentence
by the highest authority of The nation
Bevans will therefore remain in custody
for the present. Soston Chronicle.