Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-10-06

y,
God, have this day extended to my fellow man. |
lake the case, gentlemen.
.lIr. .Nimmo then addressed the Court. lie
sid that General Taylor had argued the case Tor
tle prisoner in the most ioTclble manner. lie had
addressed their feelings and not their Judgment;
but feelings were not 10 be consulted On such an
occasion. The grea, end in view was the good OF
society. They had sacred duty 10 perform and
ought not TO suffer themselves to be led away
from the path oil that duty. Ii was necessary fCf
thsi in the first place TO remove f ON their minds,
all a. The rubbish which General Taylor had so
proiusely scattered in their way impede their
progress, and to prevent them from viewing the
transaction IN its proper light. The only thing
they had to attend TO the evidence The
simple inquiry was, what is the nature OF the Of
fence: IL the prisoner had malice, he was guilty
of murder. There were two kinds of malice, viz
cypress and implied. but they constituted the same
degree OF guilt. Had the prisoner malice? He
unquestionably had, and although there was no
evidence OF cypress malice, as pro' ed by precious
threats, aud the like; ct the testimony abundanly
showed that malice the foundation of his
al mnabesct. The evidence proved there
cordial friendship the part of the deceased, and
an GPPureW return of 1t on the side of the prisoner
Fr.zzle indeed, did not declare his malice against
FentreSs, but principally against Conner. This,
however, was Ainsy pre,ex,. He ac-
lnow,eJsel htit was his intention 10 Kill some
cody, aad MS determination to do it Oh tha, very
day. The person who was 20 be murdered, he pre-
,elisd was Tom Conner but where was Conner?
Was he present? DID he even live in the neigh
boUhool. All this proves illat Conner was no, the
EeL victim he had in view. Ii was a very suspi-
cious circumstance that FIzzle did not come d
rectly to he house, bnt skuked along by the side
1.-THE wood came in Il circutous direction. The
iaw lays 1t down that II has malice against
another man, and nstgated by that malice, he kills
thi'd person, 1t Is murder. What could have been
HTsFr -. l..
Lave had some m0tice, bit what it was tire are a,
loss TO know; but Col knows who renetrctes
the heart o: man. Il is pretended that there was
no mhlice, but that lie shot the dee ceased from the
impulse OF sudden passion. But let il once more
terepeated that II is unnecessary prose malice
Ii Is also argued that quarrel mus have preceded
ih> lnhufnan act, and this inference they would
lain draw from TIE evidence OF Witnesses who
swear they heard noise in that direc ion, as if
people were quarelling.
but, gentlemen, every noise we bear does moi
? oceed from quafrellirg / know a man in Pyiy
cess 1fi'se, who has uch S;en,orian voice, that
person (no acquainted with him) and not ben,
ME company, would be .tain ne wa. in hioL
dispute, when he only speaking in lis or,ina
ry one OF voice on merely Indifferent to,ic.. Tho
OH!y words proved 10 have been used were these ;
III NY SHIRT, let rs take another glass of rroo
Ihefe was no insult or qusrreliing in this VIVA
"aS the reply - N my soul If don't shoe
you. Il l. Hot 10 be expected from lie reason OF
the ihlHg, that those persons at a diStauc. ro,,j
nave ascertalneI IS correctly those on the spo,
"'iat previous words lad been used. The absent
le!soAs s'vear there was qperrelling, v lille those
lFeseAt swear there was none. Il was argued tia,
II was likely that Frizz-, if he had formed de
ss'' OF killing Feniress. would have done il i,
sgth an open manner; that he would have picked
a more suitable opportunity. hIi this oppo,tunitv
cohld not have beea procured that night Fen
tress hil renquished the intention of going hume
7nd was IN the act OF !eIu ming 10 the HOUSE
NOW or never, Thought FI2lIe,( is my time II
% not shoot MIN now, he may escape. This
Seaiieslen, seems To have been the case Can Won
term this manslauglnes' As TO the case o! Mich
ell, IN the Geaerdl Court, il was not ike this
In that case The parties had been wrarrlp. for ,
qua ter OF an hour. Here q neral Taylor admits
that II there was no PrUvccation, it is murder.
There was in Tact no proyocaien, great or small
1d he intend to Il INN: Ask VIII, his gun wa.
'oaded with: and under these circumstances the
law implies malice
H., He sad he did not intend to m9esch the credi-
N.!'y oi IHe WITNESSES GA The part OF the pri.o-
ner. All they swole - ui.ht he t-pa and 20,
t"ey might be mistaken supp. sing there was
aEy qnaTfelllns. They wee undou LeGi, ,nista
KEN anu wen they might he at so great a distance
as 10 Tue barking OF the dogs, thar wa. a thing
% no consequence. Dogs viii osrk, 1t is then
nature bat we cannot be certain ,ciot tEe, NOR,
r.
utSham Indeed says he saw nobody. Iva, tb. i. !
night even see In the dark, although their ,,1f
cbl'd not rou viii consider, gen lenen. ,vba- /
'Hsf 'he present case is OF murder In the FIR,
W second degree, or manslaugh.er That il can
no, De deemed manslargher, think is very clear
LfAeIs me learned prosecutor read an auihor,y To
she" Inc difference. You perceive then. osn, Ie-
men, mat the guilt of murder does not 20 uuucb
proceed !fom malevclenre to Ike feccnseJ A. f,or
an erR design ~ general lie pri,on., b,J an
eyii design he intended TO kill sJg,eb0Jy III.
chsnce may amount 10 murder, even whore
small proyocaion IS given, and much ,n,re y,Lc,.
'here - none at all. You cannot reduce This case
70 mansiauShier You must find 1t Inrr,icr in ,be
-.!St or second d'sfee. / agree with Gon. TAYLOR
'n't Ms obscure sIturtion in life, should rot pre-
s'i' MS having justice administered to ;but i,
- The measure Of that Justice on which 80 lisa.
gree. You should deal as Justly win him .s en-,
"ol.d Nth The greatest in the colnuunity
"hd IN do:rg 30 you will act according 20 ,he die.
u e 81 that important oath which You have taken
NAT. Nimmo having concluded, the iudse infor,n-
el Nen' Taylor, that he hid Discovered, since his
at empt TO resort TO the deposition Of p,ms,o,
mat thls deposition had not been taken as su,h
d5sposI Ions uaually are, by the clerk after the
aoJOuIhmeHt oil Tie court, but that il was taken in
1en cou't, and therefore be was at liberty 10 ne
1t. Gen. Taylor, observed to the jury, that thee
would perceive that if Judge misconceiyes tbe
4ay, on trial OF such importance, a principle nf
tenderness and justice towards the unhappy pri.oo-
e. would always j. duce him 10 correct the error
ptmeron swoTe before The examining court. that
e"uess hfst oite ed to accompany Frizzle and Of
course me intention 10 20 together was not rrod1c-
60 ny proposition ftom the prisoner. The dill
ference - very great, Tor 49, Here the General ,vas
Iu flar