Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1821-11-29

acquire OF telf-oefence In oAiiss ~ Ga a.
4th. Whether he returned a. stated,
that he confessed to one Of witness, from
the fence and beat shipley?
1t is impossible for us, our limits donot
admit it, to GO into the particular argu-
ments, In relation to the facts and the
law, as will be perceived when we state,
that the cause began on Monday the 9Th,
and continued until Tuesday the 18th.
occupying the Court and Jury nine and
ten hours each day.
1t WAS fully and ably argued. Mr..
Dick for the prosecution, took up about
one hour ard an half in a sensible and
srgumentativc address, He was follow
ed by Mr.. Bell, OH behalf Of the prisoner,
in maiden speech. distinguished for
clearness, method and force Mr.. Thigh
man for .he prisoner, began to speak on
Monday afternoon, at 5 o'clock, Il spoke
until half past seven. The deep and fixed
attention Of crowded audience, for four
and half hours. showed the power of
genius, in enchanting letters Of eloquence,
the human mind. The courage and HUI
manity of Mrs Harvey, in rising at the
mid hour Of the night, although alone, Il
taking in stranger who was moaning at
her door for assistance; were adverted to,
with much force and beauty, acc ompanisd
by the quotation frem Walter Scott:
ooh, woman! in our hours of ease,
Impatient, coy, and hard to please,
And variable rs the shade
By the light quiverng aspen made;
When pain and an uish wiring the brow.
ministering angel thou
MIR. Duer began his argument in con-
clusion, on the part Of the Commonwealth,
on Tuesday morning. lie contendsd that
the master had right, under the law Of
Congress, at any time and place, and at
any hour, by himself, or hi, agent, to
seize his slave; that the slave had no right
to resist his master; that his house was
no protection; that therefore, the master,
and tho deceased shipley, his oversser,
were in the exercise OF legal right; and
Read, in resisting, in preparation OF
wrong; that Road must have known his
master, and that, therefore, the killing, in
resisting the legal attempt to arrest him,
was murder in the first degree. Mr.
Duer spoke for two and IN half hours.
Judge Darlington than summed up the
evidence, and laid down the Law in a
charge of an hour and a half.
He adyerted TO the deIicacy ofhi situation
having been On the other trial, Attorney Tor
the Commonwealth; but remarked that ms
regret was considerably diminished, by the
consideration that the jury we're the Judges
of the law. as well as the fact. in the case
before them. lie gave full and lucid ex-
position of The whole Law on the subject. In
respect to the construction of the Act OF AS
sembly, Of 1890. on which much reliance
was placed, he differed from The opinion OF
Judge Ross, delivered at Norristown. The
Counsel for the Prisoner had conteuded that
By this act, the attempt 10 take any person
claimed a. slave out OF the State without ia
king him before Judge 10 prove his right,
was declared teloDy--tlIat from the time
and circumstances Of the attack, no doubt
could exist bu. that it was the intention OF
the party to take Head out nf the state, IN
violation OF fiat act--that they were, there
lore, in The commission OF ieicny, ana Read
was justified in resisting unto the death. he
Counsel Tor the Commonwealth maintained
that tins act vas intended 10 preycnt kidnap-
ping, or man-stealing, that 1t did not Apply
to MASTER who INTENDED 10 arrest aud re-
claim his runaway slave, who by the act OF
Congress, he was authorised to arrest, or
seize, when and where "a could. But Judge
Ross bad decided that The aCt mad reference
10 masters Selling their slaves, ana taxing
them out OF the state, without gong before
Judge.
Judge Darlington was Of opinion that such
was not the construction, inasmrch as tie law
so construed inflicted the same penalty (se-
ven years Imprisonment in the PeuIteEtIsfy)
upon the acknowledged master, retaining
his slave & taking him away, as upon the KID
napper,who should attemptto carry off tree
mar; and this was confirmed by the con
srucion Of the Supreme Court, OF the old
act OF Assembly in relation 10 the same sub.
jet, He then examined the evidence and
weighed it with great peTspicuity and impair
tia'ity, expressing his opinion that there was
not conclusive proof that head knew bis
master OF overseer; and intimating very clear
Iy, that the witness who lestihed that Tue
Prisoner confessed, be returned and beat The
deceased, until lie thought him quite dead
was mistaken.
The Jury. Immediately on the Court open
ing in the afternoon, returned TO the box wi!b
verdict OF manslaughler.
The next day he received his sentence OF
nine years imprisonment in Inc Psnitentlary.
Record.
VERY LATE FROM ENGLAND.
Boston, .No0. %.
Yesterday afternoon. arrived the fast sail