Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1829-07-30
THE VIREINIAN.
LYNCHBURG, 30, 1899.
SUPERIOR COURT OF LAW.
For The COOPERATION of Lynehbury.
Commonwealth,
Murder
John NJ. Jones

| lhls case has been Carried TO the General
Court, on three bills OF escep,ions,-as to the
probability OF sustaining either of which il is
DOL our province 10 say. The first bill is
grounded on the allegation thai the verdict Of
ihc Jury Is NOT warranted by the evidence the
second. that the presiding Judge should have
permitted REORGANIZATION OF the witnesses.
which he refused to do, about 10 in number J
win view TO lay their testimony before IN.
General Court the third, that three Of the
Jurors had expressed opinions adverse to the
prisoner, previously to being empannelled.
The first and third OF these exceptions formed
the grounds OF two several applications TO the
Court for new trials; but, after patient hear.
I ing. both motions were overrued. In relation
to the second ground Of exception, ii NAV not
be improper TO state. that The Court (slthouc h
il refused 10 permit IA REORGANIZATION of the
witnesses, which would, in effect, have been
equivalent to second trial, } was anxious thai
q fair statement OF the facts proved on the trial
should accompany the bills Of exceptions to the
Courts above.
We intended to have ven u full detail of the
evidence, arguments, &c. but Sc many wit
nesses were examined aud there was so yreat a
similarity IN their evidence, that we presume il
will be us interesting to our readers To make n
bare statement oI the facts, as proved, and Tie
principal grounds taken by the counsel on each
side--It WIS proved, that quarrel took place
| between the prisoner aud the deceased about 3
| o'clock tue day on which the murder was
commilted-itwa further proved that butn the
prisoner and deceased as well as eIerai of the
witnesses, had been iudnlgmg pretty freely in
what is very correctly called =" blue ruin
though it was clearly ascertained thai no one OF
them was so much intoxicated as not to be SEN
BILE OF his situation. and responsible for his acts.
The ARRAY commenced in a disrepuabIe part Of
the town instigated, Of course, by one of It's
most disrepuiable inhabitants. \ slight blow
given TO the female alluded to, by Hamilton
Ohe murdered man, in consequence of some
provoking expressions from her, excited III.
wrath of Jones, who stoud IN the character q
her protector, &c. Several persons. II appear
ed by the evidence, were present at the mo-
ment and all Of them, who were wi mt sses
seem 10 have left the house under the impress
sion that Jones and Hamilton had settled The
dispute in an amicable manner, and had parted
with no desire or intention to renew 1.-THE
mex thing we hear Of Jones, is, that he is at the
house of his uncle, BLACK who is licensed by
the legal censors m0run OF our Corporation 10
keep M one fihose suburban establishments
which are the curse and bane OF all populous
towns. The woman to whom we have referred
is also there, stimulating Jones TO avenge the
blow which had been inflicted ON her. Thus
urged, AVID possibly acting under the unusual
eIcitemen, produced by the influence of anger
ard slight intoxication he prepared himself
with dirk, after Hamilton had been some time
separated from him-with what intention can
only be positively inferred from the catastrophe
which ensued-although the evidence Of his de
cIarations: at the moment, and aflerwards, could
not have left a reasonable doubt on the minds
TO kill Hamilton if he should perchance come
within his reach.-l, SO happened, that Hamil
ton, unaware of the fact that Jones had obtained
dirk with the avowod intention of avenging
the blow which had been inflicted ON his para.
mour, was in the act Of approaching the same
house (Black's) wholly unprepsred to de.
fend himself against the assault OF
ssan, who, if he had been even unarmed,
would have been an equal match for hun
in combat. 4 mutual friend of both OF the
individuals, perceving that Hamilton, unpro'
vided with any weapon of defence or assault
was approaching Blacks and hearing, az the
Same time. the threats of Jones, met Hamilton,
and advised him to return TO his boat, (aoou'
200 yards beluw.) Hamilton did so; but, II
appears from the evidence, for the purpose OF
procuring a heavy stic", to protect himself as
he said AGAINST Joness dirk. Two or three at
tennis were made 10 dssuade him from soiny
within the reach OF Jones, but they were una
yailing. lie, however, declared his determination
only 10 use his stick (whjch was ofs tremendous
sizc) in case Jones should make an assault upon
him with The dirk. AS Hamilton approached
Blacks door, Jones (whn, 1t seems, was not
appraised OF the circumstance, } EXCLAIMED "uod
dam him, will see his hearts blood before
night There was 10 Evidence that, IN this
expression, Jones alluded TO Hamilton al
though, his previous threats against that Indi-
yidual. as we'll as his subsequent declarations
mus, have lei, that impression on the minds OF
ali who heard him. Confident of the fact that
he was alluded TO, in the remark ofJones, from
q he information he had previously received
Hamilton struck him, over the shoulders OF
another man, very probably with an intention
TO kill him, (ior the stick was large enough 10
have effected that purpose,) If the assa''ah'