Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-10-03


ever. that the opinion Of HE honor was against him
on this point--he felt grateful for the indulgence
granted him by the court, and if overruled would
patiently submit. The Judge said II he had any
doubts on bis mind. he would take the point into
consider ation, but having none, II was unnecessa-
~. Ii priest to ell prisoner it would be
better for him to relieve his mind he (the ludge)
would say he had a right to 10 So and the evidence
ought to be received.
Barnard then resumed. Frizzle told his wife
that John Frizze had procured him to do the deed
and was 10 pay him we'll Tor killing Fenre>s-
that this bargain was made on the morning of the
day on which the deceased was killed that the
prisoner had confessed that in consequence of tlis
bargain he went towards the house here Fen,ress
was that his I" heart failed him. aud he Goa
Guided TO 20 6y, and proceed to The house OF MIR
Nottingham thai John Feniress had come in 10 the
neighborhood 'lls mo ming, aud requested him 70
commit the act, promising "a ply HIM a TO his ask
ing that he (the pri-oner) took his gun and told
his wife he was going q" sgurreIliug''- that when
"a his heart failed him. aud he turned with an i'll
tention OF going TO Notinghsm's, he seen by
Fentress who at the house, snd in consequence
OF being called by him, he went thtther.
Question By prisoners counsel. Did under
stand you to say that he prisoner asserted that Ohm
FIizzle went TO las house that morning
fins. No, Sir, said into his neighborhood
Cues. Didyou no. tell the prisoner you " oud
not mention what he iold you
.ans. did not
Here The evidence 70, the Commonwealth clos
Ell and that for the prisoner l1aS Introduced
IN. Nottingham S,oOrn He stated tina, he
lived abouJ three hu bred yards r AN Mrs. Culla-
ny's He heard his dog, bark very violently
went out and sileEced he dogs Heard IN The di.
rection of Mrs. Cullany's house great noise, a.
OF people quareng- about a minute and an half
afterwards, he heard the report oil a gun AS 10
The OCCASION OF the noise, lac was In doubt not be-
iag able 10 ascertain whether the people were quar-
Iel.ing or tfo!{cl;ing He heard oaths- was sent
for said he would 90 soon as any other person
would 20 over that he alter ards went and found
Fentress dead.
Mrs Nottingham sD0rn Was passing from
her house to tie Kitchen the dogs at her house
were barking much heard qusrrelling and the re-
Iort OF gun Heard Mrs. Cullany call her nero
woman, " no refused 10 come 10 her -Iyi.nes.
after heard Mrs. Cullany cry, Oh, Lnrd mr.
dear is gone to1id not distinguish the d.Gereacc
q the vnces, nor did she think at that time il
very material, as RIOTS very frequent there
YET believes she heard the voice of the deceased
.H'S. puhdnIs StC0TH:-Winc,s heard the
noise OF persons quaIrelling, in the direction of
AIRS. Culiany's house-Wiiness was very unweII
could not understand what was said at Mrs. C's
heard noise before The gun fl ed, bar could
not Distinguish the voice, from each other
AT the conclusion OF Mrs. Wams's evidence.
the Judge requested Mr. Barnard TO listen TO him
ui'h lie hau gone over the contents OF his notes OIL
his ties imony. His Honor then stated the facts As
detailed by B,rnasd, and enquired of him wb,tb.,
they had been taken down couectly:- which
the witness answered in the affirmative.
Prisoners Counsel Do you mean TO say, Mr..
Barnard, that the prisoner made the confession ,E
ter voar remark to him,
.daS. He did; but believe he would not b.v.
made IT. II he thought II could have been used
10. u. lie no doubt SUI posed ii would have been
us against another person.
Mrs DameTon stcOin:- Witness lives about
hall mile from Mrs. Culany's- heard some fp,.,,
as OF people talking, but coulI no, saw poi,,
blank" who was engaged in it-some minute,
then elapsed before she heard the report of the gun
Genl Ia! Tor, after the evidence was closed nm
both sides, observed that he was very reluctantly
compelled 10 make application to the court 10
continue The cause until the next day ON the
ground That the introduction of Barnard estimo-
mony was surprise upon him. He believed he
had 1t In his power, Iii the was continue " 10
shew by good evidence, that the facts stated bv
'he prisoner 10 Barnard relating to his being en-
ployei on The morning Of the murder by John
Frizzle to do the act, were untrue and if so. the
evidence OF Barnard could avail nothing. On this
the Common" ealih's Attorney offered IN =, ,iy.
the testimony OF Barnard and not rely upon il
The court suggested doubt, whether the .4tioy-
my could dispense with the evidence bv ,pitb
drG;Cing it-he might have declined fntro,I,,cj,o
it, and the court could in such case have hal no
wish 10 Interfere in The manae ennenf of hi. evil
dence. The jury already in possession Of
tie evidence.
Prisoners Counsel. If Mr. Nimmo will no,
rely in bis argument on tine evidence of Barnard 7
will proceed lmmedia ely.
The court thought there was no ground for de-
lay-ii the prisoner surprised on the trial nv,
unexpected evidence, il might be good grounJ
for a new trial-howeyer, he would not un Ter tLe
circumstances OF this refuse the applicaton
for continuance, though it might perbans he
very announcement to he Jury.
The prisoners agent was then sworn az N tbs
cause OF continuance, and the case wa. on Tho
point OF being laid over, when several of the inr,,
observed that they not Influenced bv IN.
confession made TO Barnard; and the PROSECUTING
attorney and the prisoner S counsel agreeing to Ia
BarnaTd's testimony aside in the argument the
resumed.
Mr.. NIMMo, the CommontUealth's -fttoyney.
then opened the case TO the jury. His remarks in
substance were the following
lie considered the jury good judges of plain
matters OF fact as the prisoners counsel or himself
could be the circumstances Of the case all went
strongly 10 prove that the prisoner, and no other
person, could possibly have been the perpetrator
Of the murder OF the deceased. No other person
than the prisoner had gun in his possession He
advered 10 the Circumstance that no less than
three witnesses had deposed TO the identical fact
The witnesses and heard all that had passed
lie then proceeded to recapiiulare, with some mi
u e1ess, the evidence which had been sddiced,
al oil which he contended confirmed the charge in
Us lllle. la uds That the circumstances we're so
strong that the jury could not doubt Of the guilt
OF The pflsonet- IL clear, from his con(ession
10 Mrs. bullany, that he intended In kill same