Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1824-11-23
DOMEST2
OYER AND TERMINER.

Indictment for Manslauohter
Edmund Murray.
This excited considerable interest, and the trial
oft, which commenced on "Wednesday morning last,
drew vast concourse of people to- the Court House
MIR. Ross Wilkins, the Deputy Attorney General,
conducted the prosecution-Murray was defended
by Messrs. Richard Biddle, Robert Burke, A. S. T.
Mountain, and Henry Baldwin.
a number of witnesses were called on the part of
the Commonwealth. 1t appeared in evidence that
IN tho evening Of the Goth day of Scptamber last,
riot of very violent and serious took place
ut the Circus, i'll this city. Reuben Harfsei, who
was one of the most active rioters, was killed by
shot fred from gun while i'm the act of pulling
boards from the circus. Suspicion fixed upon Muir
ray, the defendant, the person who fred the shot:
and he was Indicted for manslaughter. One Isaac
Dennis, was the only person who swore to any cir
cumstance, which was III any degree calcula ted to
confirm the suspicion as to- .Htrray He stated
that while the riot was raging fcrceIy outside the
creus-and the mob was engaged in stoning the
building and endeayorng to dcmolsh it, he saw
Murray load gun with 3 or 100 grains of shot,
and go towards Ferrystrcet, where Hayf-el was en-
gagged in pulling the boards off the building. Soon
after this he heard the report of gun and saw the
blaze. The rioter Hort=et, let GO the boards he
was pulling down, and staggered the stset.
-uturdy Immediately after returned to where the
witness was standing, and said 81 have fixed the
white hated fellow, and will fix another
Mr.. John M'Farland, Mr.. Samuel Young, Major
NiioCk ana OtnerS were also examined on the pa re
OF the commonwealth. They all agreed as 20 the
extreme violence of the crowd, and generally thev
proved that the attack upon the circus was contin-
ned, with brief intermssions. down to the time of
HarlsefS DEATH There was great contrariety of
statements as to the place the shot came from, by
which the deceased was killed Two of the wit
flesses for the prosecution dipot agree ON this sub
Ject. The attack the circus first commenced
during in the performance. exersion was. made
~ the performers to iud6 kmob to dcsist: but
without 1S the.t n,
rage and fury of the assailants that they would not
even suspend their operations until tic women and
children, who composed part of the audience, should
make their escape.
The testimony for the defendant went still fur
Their on the subject of the violence of the mob. 1t
was distinctly proved that the acts and expressions
of the mob showed an evident discrimination 10 de-
mosh thc circus To kill the horses aud destroy
the property OF the company-and even to commit
viocnceshpon their persons. The acts and pro-
ceedinss OF the mob actually cmdau.e the lives
oil those attached to the circus; and il appeared
that they did not commence firing until no other
means Of p.ptection was left.
The evtde 90 OF the principal witness for the
commonweattfWas completely shaken, by his own
contradictions by proofthat he intoxicated u,-
on the evening al the iiol-and tk-t he was mis-
taken as to tie dresses worn by Iiartzel and hy
Murray. MesssS John :. iIca!d,J Glenn and Pc
riguia Johnson, all sworc positively that they saw
the shot fred by winch iartzall was kiilcd-that
was hred by some one not at all like the defendant
IN heiSut OF otherwise that iii fact Murray was
not the man who fred the gun. johnson named
another person to whom he swofe distinctv as the
person who fired the shot. This testimony was
deemed so conclusive, that the Attorney General
acknowledged the mpossibility of sustaining the
prosecutions and like intimation having fallen
from the court the counsel for the defendant lie emcd
1t unnecessary TO address the jury.
His honor Judge Shdier delivered brief but abe
charge to the jury. He ani,na diverted with due Sc
verify upon the illegality and evil consequences of
iobs; and though he conceived the testimony of the
witnesses for the daent'an 5 to his not being the
person who .hied the gum entitled him acqut-
raj, yet he advcrte to the law the subject of the
right TO defend i'erson ami property, Nc. and ex
planned MS IDEAS concerning it, with much clearness
and precision
The jury, without leaving the box, acquitted the
prisoner.