Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1838-11-08

the store. he was asked n he would have
/, wrapped up aud said .ha, he would
i, was accordingly wrapped up, blade and
all IA coarse wrapping paper. Between
and o'clock on Friday Same morn.
ing, ilfc prisoner carried 10 the store Of
Mr.. Whitley Ratchet which the counsel
held IN has hand, which was similar in al
respects TO The one found near the BODY
wrapped up in paper and twine of The
same kind As that which was used by Mr..
Drake at that time.
lie further said ,ha, the prisoner, on
the day OF the allS.rd murder. was dress
ed IN blue or black close bodied Goa,
and blue pauialoon. and on that cNcuin,
between Z and : o'clock, LETT the house
Of his uncle. Thomas Stew art. ia company
with his father. aud that On the next
morning, when he left his unclc's house
Tor The boat. he had on black fIock Goa,
and white pantaloons. and took With ham
large bundle. but returned the next dav
with a much smaller one. The Goa,
which he wore on the da, Of the murder
has never been found or heard u since.
and he has refused 10 gave any informa
ton respecting IL; and he should contend
tia, /: had been made way with by the
prisoner.
On his return nothing was found IN his
bundle except pair OF blue pan,aloons
now produced IN court, and upon hi, per-
son was found an ounce phial OF spirits Of
turpentine with which the pantaloons had
been literally washed, and when asked
why he had put the turpen,ine on them
SAID that II was 10 take out paint which he
bad got on ,hem-on board the boa, which
the counsel said he would show could cot
have been the fact, they having been lied
up III the handkerchief which entirely CO.
Nered them. He said he should contend
tina; upon the pantaloons were spots of
blood, ann that the turpcntinc was used TO
take out these spots. II is true, he said
that there are no spots Of blood on the out.
side OF the pan'aloons, bu, there ate some
on the INSIDE OF one OF the pockets.
lie further said that, late on Thursday
evening, the deceased had in his posses
sion watch, which lac wore in his waist
coat pocket wi,hou; a guard, and which
was gone on Friday morning, and tha,
upon the arrest Of the prisoner. lie Tas
asked for the watch, and said he knew
nothing Of II. About ID or 20 minutes
after the prisoner had passed up the street
from the steamboat wharf, the watch was
found broken by negro man. " no he'd
just driven his dray down the street: but
he could not name the particular place
where II was found. He said he should
however. from these facts and circum-
stances, infer ;ha. i: had been dropped by
the prisoner.
Tho D..
left the house OF Thomas Ste wart between
: and : o'clock, Z. NJ. on Thursday the
day Of The murder, and were seen io.e-
Their about dusk, within two or three hun
dred yards OF tho place where the mur-
der had been committed, and al the time
the deceased was murdered, he was heard
10 cry out "Oh Lord. am murdered 80
and blow alter blow was inflicted uron
him, and that be also cried out 20 vii
lie :" or 20 William O William"
After the arrest Of the prisoner, and
while he was confined in Jail IN con
NersaiIon which he had with Mr. NIcho-
las Tracey. one OF The keepers, he asked
him what the people on, Of doors thought
Of him. Tracey told him that seven out
Of ten thought him guilty 90 whic!Aihc
prisoner replied. iha, II ,bey did not take
care. some others would get iato the
scIape as well as he ; ard then rclapsins
as il were. into a moody or distracted
state. said az IL 10 himself 1t would
have been better Tor me IL had not gone
there all this grows ont Of that piece Of
land on the Eastern shore" "Gentlc-
men Of the jury" said Mr.. r.. "ihe will
Of his father gives him that land.
Mr PusroS, ihc counsel Tor tic accused, r.
Plied, 10 Substance. as follow.
One thing they could not bu, have OBJ
served from ;he statement of tie Counsel
for The State wa. that although the array
of circumstance hichhe presented e1e
entirely terrific, yc. none Of them were
based upon any act of The accused. lie
SAID that from the very nature q tie
charge thcy were called uion 20 prove e
negative. AMI iIst they would show a.
The Counsel for the State would cnjeay1r
10 show, hy assumption. that he vas false
~ accused and that hc cannot De- CON
yic'ed on facts. tut u convicted ~ ~. IL
must be on cifcumstanccs alone. without
facts % sustain them. That they shog't
rely ora the good character Which IT, bad
ilfl''''lNif hANtHlIfN. Alh Andf llItN y hIt
hc allie 90 shows such breach 90 ne chain
of testimony produced by he State it4t
would entirely rl tie pri,oncr from ,he
houih'c chstse 81 paanoiie. They should
RELY be- aid upon oil want uf motive 90
ihc part of he accused aud urcn b. hrr
character. Hc would not =, ihis time 20
into more minnie detail e The iesiino-
rs The, Lould offer bot would wait unm
ihc STATE bad closed and then oil.r their
testimony IT, said that many thing. sd-
vanccd rs thc Counsel f1f tie state could
noi tc sustained rs evidence and that
they you'll show that many q ihc con-
ciu.ion. u1w stated wcre abnritief.
tlaI.r ..n-s.. .- es.r srI t,rir-
h gully .1.'1,a~i ia- fa-s shn.- go
.oal irru,.. i.rH ,.f.a..
efl h.p ran' m rc ls.e.r
tt aa W t .h H
,-.. r.rI..r. ..f $500. ..s ..I..f .r fIr I.t.f