Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-10-27
,JjHEs Mann JylN'S TpT,f

y
TERM before Judge Spencer aud justices Howe
anu iiaring. The following a;e extracts frofa
II:
The District Attorney preferrad the ipdict.
ibehis, and the Court proceeded to the exaiB-
,lhat'on OF Testimony for the prosecution
MARTIN Scott.-WitUes> was sitting in front
OF the marquee" tte cncampment OH the Sth OF
Sniy Mst-tEe prisoner at the bar presented
himself within twelve feet II them aud said
M"jor, adm. something elsc that witness
ana not understandable major replied, 20
Dack, Hamilton. want aotl,ing OF Won"
witness saw prisoner present his rifle, look ed
dt ine cock, ana saw HIM fire they DO th i'm,
nied'atey rose. and on the discharge the
decreased INSTANTLY fell with wound il, his side
-deceaseh on falling said to witness Scott
am gone'-he attempted to raise him he
pressed Witness hand, re, eating IL asi gone
he expired oGe hour and fifty minutes after
receiving ms wound. lay W.f1eSS's time de
ceased was Hear two houis in camp mmrd
ate'y pTecedi,;.-wituess saw prisoner three
times IN the course at one hour immediately
preceding, Prisoner came 10 The deceased
presenting Tie compliments al major Hum.
Phiey, VINO requested 10 see deceased NJ The
Eagle Tavern, accompanied by The prisoner
The deceased tepiied. il was strange ifinaior
humphrey wished 10 see him, he did not call :;
adding " Hamilton, will % bur there is no
i.fcessiiy OF your going" \ short lime before
~ alter iht', soldier came 10 the n,aruuee *
'aid Hamilton wanted to quarrel with him
nccraSed Tor prisoner and told him TO let
MN : hear no mere at his carers"
DIR. Siodrns called Witness " as called 10
vis!i Mayor liitnSail, aud examined his wound ::
discovered That the bail struck near The sii
n0 ana lodged about the spin' thought lac
tell twas called in the dusk of the evening
sDOnt halt past eight, or little before de
ceased died otihat wOuad-thcre was no doubt
q 1t. Bah passed horizontally, nearly orpo-
Aie me chest and struck the rib there was
Nothing to give the ball IA new direction.
witness was present when lie died about nine
o'clock.
Elijah frainard sailed On the 18Th of Julv
M.'ness "ehi To the encampntnt, sun about
thee qpasierS ct au hour high. The major
ln'ted him to sit down, and he was within ~
itei OF the + isoner when he said major [
am mere heard deceased say Ego 10 your
post Prsouer turned partly round raised
hN piece. took deliberate aim, shut his eve
hicd and fell on his gun, with hts eyes still on
decfased: witnesses had his eye on prisoner
when he hrfd; prisoner fell before deceased ;
saw prisoners csc open after he fell.
Mr.. Pepper commenced The defence Of the
prisoner, by en'iravoring 10 explain the vela.
tive bearing of the law in cases of mn, der
wan malice aiorethought aud mai.slaughter,
@heie death enSued from any gro inptOpricty
- and went some length a. show thar iiie later
vas The case of the pr oDer at tie bar He
Insisted that as the rifle was Il weapon of 0rdi-
rary and every day use, however deadly in its
character, must he regarded ~ the saale tigl,;
as an assaulti'ig club OF cudgei. He citca
some other arguments to distinguish between
the peipelrating of murder aud niansan.Il;er,
expressing ~ opinion that the Jury cuuil but
IN q Tie prSoucr guilty OF Observation-Disclosures,
mr. l.. dwtii upon the lively sensation which
'hS unfortunate aits' had created. charging
he Jury to diPest Themselves Of every teelin:
Ufregrei OF sympathy for The tate of the gallant
anal ime,ted Birlsai aid 10 decide implrti.
ally from law ana Il st,ni3uy.
Mr.. W ii!lam, followed daJ enlalgrl uroa
tie ground !,is associate counsel had taken
he Inferred fran the uniformly mill and
atab!o derortn: ~ Of the generous Birlsan
towards tie prisoner. that there must nectSsa.
riiy have been absence Of all uIiiCp, md Us
thee had never been thu leasl p'ovOcatiou OH
The part OF the deceased t. cross or provoke
the prisoner, il was utterly Impossible for tn.
hci i'll passion or revenge To nave ranked in
BIS bos ON. lie attributed the prisoners
Immediate fa'l, when the rifle weat oft to his
astoriShment that il bad been loaded, aud
insisted that is the prisoner was inccnseI at
tie col0red recruit, aud the deceased having
before INDUCED him Wit, Am.Iiarities tin. act
of presenting his rifle could only be considered
repetition Ut grdutGd or implied berries
for some triiiIng object. and not an ATTEMPT to
Hi. No tcs tiInony waSoifeIed tor the prisoner,
aud
M Van Bcu' en-. in belalfof the proseru
iion sad tn case was ST. clear {; the testimony
so explicit, that he wuuid dctain the cOnrt buI
d few moments. Mr.. Van Beuren objected 10
the differences drawnby the opposite counsel,
from circumstances which the witnesses had
related. lie took perspicuons view Ofall The
testimony, and although he appeared unable tn
restrain feelings of warm sympathy iOr anr
beloved Biidsaii, he observed humane for
bar. Ar. V. Il. insisted Thar 40 Que crcum
RtsGce III the testimony favored the prisoners
plea OF non intention to murder bat on the |
contrary, every thing went 10 confirm the fact |
of tie pTeme dltated, deliberate a>sdssinatium |,
Ills honor Judge Spencer. gave tie jury a |
leaned, succiDct and dIrnihcd charge. ~
examined the testimony with penetrating accu
racy, and expended the law with q ciearHeAs
which made il comprehensive to almost cvery
capacity. He said that as the prisoner had
rested his defence on the plea of MS mol knows
ing the rife was loaded. aud as tie rifle was |
nnder hls charge and ia his possession, il be |
came necessary Tor him 20 account IOr lis actu-
ally being loaded, or to show that il was not |
so loaded al any short period preyIou, to its |
discharge. La summing up the testimony tie |
judge did not hnd any crcumstances which |
didnO 20 to prove tie prisoner guilty OF preuie.
dilated murder. lie charged The iary IL they |
believed tie testimony conclusive by their |
duty to society, tlIctg duty 10 their cunscicuccs
aud their duty to Heaven, to find the prisoner
guilty. he JNd@c observed tl4t however
painful, il the prisoner he guilty. II was their
iBpeFtOUs dHts 10 punish him II was the law
u man, and IL was the law of Heaven that
" wiioSsrter shcddeth niau's blood, by man
shall his blood be shed" IL the course oithc
charge AID while dwelling with much uatlOs
rpOH the painiuHCSs Of COusieniug a fellow
creature 10 deatb. Judge Spencer declared !
with emphasis, that weak man ~ the
administration OF Justice. is ~ great q cure
10 community ~ = wicked or corrupt min
H. this cHafgc the conrt discovered an intimate |
and stuffed acquaintance With human nature.
correct snd digHfed sense ct The claims OF |
humanity aud a teamed research IN the science |
o. the law, which amply confirmed the abilities
Wluri iaVe hecn aSetibCd TO its practice aud |
dccisious. 'Ihc court spoke in appreciation 81 /
the clear, distinct and responsible testimony /
a. ileui. scott sHd tltt other witnesses
Us consequence of the universal interest |
Which ihe case eScited the itiai tcok place in
tie Assembly toon', Vbch GA cptsiing tie