Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1829-08-04

From the Iynchburg Virgmian, July 3d.
Superior Court Of Ln,0 for The Corporate" q
Lynchbmg.
Commonwealth en- }~unDsn.
John VI. Jones
This case has been carried 20 the General
Cour,, on lhrce bills Of exceplIons-as 10 the
probability OF sustaining either OF which IL Is
MOI our province to say. The hrst bill is
grounded on The allegation that the verdict OF
the Jury is not warranted by the evidence; The
second that he pre- siding Judge should have
Dermiued a re-, Examination OF the witnesses,
wbic h he refused to do, sbout forty in numbeD
with view 10 lay their testimony before the
General Court; The th'rd, that three OF the Jn-
rors mao expressed OPINIONS adverse TO the pri>
soner, previous TO being impannelled ne
f IS and h,rd of these exceptions formed he
q, ounds Of TWO several sppllca ions 10 the
Court for new trials; but, after patient h'ar-
ing. both motions were oVerruled. In relation
TO he second ground Of exception, il may not
be improper 10 STATE, that he Cour' (although
II r. fused TO permit a re-exsminatlor OF The
wine sses, which would, in effect, have been
| ,ouiva!en, to a second trial was anxious that
fair statement Of the facts proved on the trial
should accompany he bills Of exceptions 10 the
Conrls above.
We in,endrd 10 have given full deail OF
the evi ,tntr, arguments, SS.; but so many wit
ne sses we're ex ,mired, and there was so great a
similarity in their evidence, that we presume it
vii! be as interesting TO our readers to make a
5are a emen, IF The facts, as proved, aid the
principal grounds taken by the counsel on each
side.
1t was proved that quarrel took place be-
| tween the prisoner and the deceased about three
o'clus Of the day on which the muid der was
! rumr,i,,ed
and de "as.d as W 4 as sevt raj nf the witness
ses, had been indnlsi < pre- freely in what is
very correctly called " blue ,mn." though it was
clearly ascer,ained tha TO one of them WAS so
much inluxicp,ed as oo' TO BIZ sensible of his
situation, and % prnsi,l' for his acts
The AIRY co:nm-nced in d,srepu,able part
Of the 'nwn-in.:igaied Of course, by one Of its
most dis'epu'ablf Inhabitants. A Sigh, blow
given to the female alluded 10, by Hamilton,
lie murdered man in consequence of s,me
provoking expressions from her, excited the
wrath OF Jones, who stood In the character Of
her pro,ec or. &c.
Several persons, ii appeared by the evidence,
W re present at The momeut; and all Of them,
who were witnesses, seem TO have lefi The
house under he impression that Jones and Ha
mil'on had setted The dispute in an amcdblr
maoner, and had paired with no desire or in,
trnioD % renew il.
The nrx' hi we hear Of Jones is, that he is
atthe house Of his uncle, (Black) who i, licensed
by the Legal censoys morum Of our Corporation 10
keep up one of those Suburban establishments
whlch are the curse and bane Of all populous
towns. The woman to whom We have refer
nlcr I'll,
the blow which had been inflicted on her. Thus
urged, and possibly acting under he unusual
excitement produced by the Influence of anger
and slight IntoxicaIion, he prepared himself
with dirk, after Hamilton had been some
time separated from him-wi'h wha, in en,iou
can only 5e positively inferred from he catas.
trophe which ensued-slhougn the evidence
Of his declare ions at the moment and after.
wards could no have left reasonable doubt on
the minds OF the Jury as to his determination,
al that tiae to kill Hamilton, if he should, per.
chance, come within his reach.
1t so happrned hat Hamilton, unaware of
The fact tina, Jones had obtained dix with
The avowed intention Of svenging the blow
which had been inflicted on his paramour, WIS
in the &C, of approaching the same house,
(B'nck's) wholly uuprepared TO defend himself
d III
been even unarmed, would have be an equal
match Tor him in combat. A mutual friend Of
both of the individuals, perceiving that Hamil-
ton, unpIoVided with any weapon Of defence or
assault, was approaching Blacks, and hearing,
al 'he same time, the threats Of Jones, met Ha. !
million, and advised him to return to his boat,
(ahout two hundred yards below.) Hamilton |
did so-but, it appears from the evidence, fol- |
the purpose OF procuring heavy sick. TO pro-
ieet himself, as he said, against Jones's dirk |
Two or three st'emp's were made 10 81, suade |
ham from going wi hi" the re ach Of Jonrs; but
they were unavaiIing. He, however, declared |
his determination only 70 use his sick (Which
was OF iremendou, siz-) IN case Jones should
make an assault upon him with his dirk.
As Hamilton approached Blacks door, Jones
who, II Gems, y" as no, apprised Of the circum.
'tsnee) ex la'med: God damn him, will see
b;o h.. hrc l.,