Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1816-06-12
bound over the next day to keep the

John Carson, in the manner you have heard.
On this fatal evening, Carson came to
his house between z and o'clock, when
Mrs. Carson aud Smith both left it. Car
son then sent for Thomas Baker and Jane
| Baker, the parents of Mrs. Carson, who
| 2bout 10 o'clock, went to the house. On
! coming there, they found CarsoA i'm the
china store-he, and they went I'D stairs
into the pariour. Between 10 and II that
evening, Thomas Abbot went home, and
| being informed that Mr.. and Mrs. Baker
! who lived under his roof, had gone to Mrs
| Carson's. he determined to follow them,
| there. When he got rear the house, he
| saw Mrs. Carson, and went with her into
the Office Of Jonathan B. Smith, in the
neighbourhood Of Carson's house. The
| prisoner came in soon after. and ask d
Jonathan Smith to give him the pistol, which
was rcfused.-Mrs. Carsoa. then said, let
us go--y0u k'1osv 7Uiere there is one. The
| prisoner, swore if Carson ATTEMPTED TO
touch him he 7Osnid Kill him. The prisoner,
Mrs. Carson, and Thomas Abbot, left the
oiiice of ]. B. Smith together. and coming
to the house OF Carson, Abbot staid below,
and Mrs. Carson and the prisoner went up
| stairs. In about a Minute Abbot followed
them up stairs, and passing. the prisoner
standing IN the entry, with his right hand
| upon his breast, under his surtout-coat, and
his LETT hand also on his breast; he went
| Into the parlour, where he found CAPTAIN
| Carson, Mrs. Carson, Thomas Baker, and
| Jane Baker. Abbot had not been in the room
| more than half a minute, when the prison
f, err came in, and stood near the door, i'm the
same attitude in which he appeared i'm the
entry that is, he had his right hand under
his surtont. butte ed on top and bottom,
| and his left hand on his breast. over his
| right hand. Capt. Carson then got up, and
told the prisoner he had come to take
| peaceahle possessi n of his house, that u.
! OF the house he must go. The prisoner
then said, very well, and turning to Mrs.
| Carson, said DIM shall Ego, who replied,
| No, stay. The prisoner then went to
the north east corner and Carson fol-
lowing him, told him again, and repeatedi
| over two or three times, he must leave the
house-my hands are tied-I have no WI
pon-at this time, he held his hand,
down by his side, open-that Carson had
nothing in his hands. Upon this Sruth
drew pistol from under his surtout coat,
| and shot Carson in the mouth, and throwing
| the pistol on the floor ran down stairs as
fast as he could, that Captain Baker pur-.
sued him, heard him tumble among he
china, and overlook him, on the step of he
front door. Smith the prisoner when con-
veyed to gaol, had his nose injured ard
bloody. The deceased declared in his last
illness, that the prisoner had come IL. like a
midnight assassin and had shot him ike a
COWARD. 1t was further in evidence, that
Smith might have left the corner in the
| parlour without running against any body.
From this evidence the question present
ed to you, is, OF what crime is the prisoner
guilty
Murder in the first degree, is the zuiiful,
| deliberate and firenleGiGfed killing anoth
err. There are various inferior k nds Of
homicide. But on tn present indictment.
our attention is confined to the considerati-
on Of the highest and most aggravated des-
| crlption of the crime.
Then let Us ask-did the prisoner zyiI-
fully kill John Carsoni
1t IS not pretended, there was any acct.
dent in the case. The killing, therefore,
was zDilfui. ami on purpose.
Was it deHL crate and hremeditated i? or
was it the effect of a sudden passion, pro-
duced by reasonable provoc ation
There is no evidence to shew, sudden
passion, or that the prisoner had, that e.
yening, received any provocltion from the
deceased. All the witnesses. who were
lpresent, agree, that Carson did not touch
| hi0i, II lay the weight Of his finger upon
him.
The killng, therefore, was NOT the eff
iNifeof s''ijtn pass n--Dut was lt QeLI6eT-
are, gent emen9 Look at the prisoner
standing IN thr entry, with the pistol burr
cd uuder ms surt at see him entering the
p2ri0r, 10 the same attitude taking his
stand. drawing the pistol, and coully dis
n rsng q INTO the reou'h of Cars n-and
ask yourselves whether, this was not niost
! deliberate acs
Was the killing hremfaifa!ed? On We'd
nesisy night he haiprep1re himself wi h
pistols, and clared. II ever Carson en-
! tered the door, 10 lay HANDY on r. 70. he
! would certainly shoot him. On SIT I'd
evening lie made a similar 5e ier ion,-
He did not, however wait, iii Carson
touched him, but shot h m. without reoeiy
ng from him the least herSonak injury. or
| even threat.
In the language of Chef Justice M
| Kean, we add, that where man, hon,
uttering word, strikes another on the
| head with an axe, It is an act of hreneof
tafed violence.
What is the language of the court in the
case OF the commonwealth u. O'Harra p
1T the prisoner have time t. think and did
intend to kill for a minute, it is 7uitfuL, deH.
be''afe and freniedifdted killing, as welkas
# he had intended to kill, for an hour or a
| DAY.
With respect to the conduct Of Carson
! at his own house on Wednesday, in draw
! ing knife on Smith, it was altogether un-
| justihable. What would have been the
consequence, If he had Killed him, we are
not nov called upon to decide. This we
will say, that f7vo wrongs cannot make q