Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1846-10-16

Il
which she wished Mr.. Boyden 10 have chanseo
INTO gold for her. NH &c
MT. BoypEu continued. | said 10 Mr. n. as
the mole is for you, you can take II Wnen 'ne se
want comes, and thought no more aooul = unn,
The next dav. when asked Mr. HoyIif ne naq
received II, 10 which he replied that he mao.
never saw Mrs. Myers in any room 10 my nouse,
except The parlor, although Mr.. and MIS- Niyei'
boarded al The Exchange for several days sVsei
Their. MIR. Robinson never told me lhas lney naa
| improper meetings, tha! remember but nave
heard so much. that hardly recollect. nave
no recollection of any body's telling me OF snspl-
cous meetings OF these parties, except what Mr.
Mosby told me- as already related. Asked now
! The warrant came 10 be issued al his request
said il was a mistake Mr.. Wicker, the coroner,
sought me, and enqured what knew about Inc
matter, and upon my telling him, issued ms war
rant without my having anything to DO win y. !
did moi lell MIR. Robinson that Mrs. Boyden had
refused 10 be introduced to Mrs Myers on ac-
count Of what had occurred between her ana MI.
How; do moi know that The request was ever
made-lquesloned closelyI beiieve mere Wa
something of the kind; bur really have heard so
much. that do not know exactly what did occur.
IThis closed the testimony for the Common
wealth. The defence then called Maj. POLLARD,
The father of Mrs. Myers. Alter he was sworn,
| MIR. Scott handed him a letter, and asked him II
he knew any thing about it. He said that ii was
letter addressed 10 Mrs. Myers whilst she was
al his house in June, which he had taken oul Oh
the post office about The 23d OF June.
Here Mr.. MAYO rose and asked, aFor what
purpose is that letter offered herel The prison.
ers are charged with committing homlclce:-
The committing magistrate is not TO Distinguish
between The degrees of homicide, and therefore
testimony which does not go 10 disprove The aci
altogether or al least 10 show that il was lnstila-
BILE homicide is irrelevant al this sage OF the pro-
ceedng Even if this letter were III evidence IN
mitigation OF The offence, il would be without Inc
pale OF Your Honors notice; but the law declares,
| that if the blood has had time 10 cool between The
proyocalion and The offence, the provocalion
shall mol be even pleaded in e1tenuation. But
this offence was committed on the 28lh OF Sep
TENDER, and This letter is dated the 18th OF June
how, then, can il be relevant 10 This cause?
MIR. LYONS rose to reply-lhe Mayor interrupt
ed him 10 say that he had determined 10 receive
all the evidence that might be offered, reserving
TO himself the privilege of regarding only what
he considered legal, in making up his opinion
Mr. MAYO yielded 10 The decision OF the Court;
bul Mir. Lyons nevertheless proceeded with a
splendid burst Of eloquence, that electrified the
audience and so enwrapped our alIenion as 10
make us forget our notes. IL is Impossible mat
we can do him justice. He claimed the right 10
introduce testimony 10 show the nature Of the
provocation his client had received. In The name
Of huu;au ily. in The name OF common justice in
the name oil law itself, he denied that there was
any principle in the books that would debar him
from this privilege. What, was he 10 measure
time by grains, and say when mans blood
would cool under such wrong as this : He
would mol 60 10 the books TO find This out, but he
would appeal 10 every husband in that assembly,
10 say how lobg man mus, bear an indisnity Of
this kind 10 gel used 10 il that he would reflect
calmly and coolly upon the act which robs him, al
once Of wife, home, honor, and reputation. He
claimed The right 10 introduce evidence 10 disproye
some OF The dying statements OF Hoyt, and thereby
dscredil the whole OF them; upon which alone the
Commonwealth conid hope TO rest this prosecu-
ion Throw ouI this evidence, and who could
say that when these parties went TO Hoyl's room,
| i, was mol for amicabe adjustments Who can
say how the ARRAY commenced2 This deed, il
done al all by his clients may have been done in
the heat of blood upon sudden provocation, or il
may have been done in self-defence. Therefore,
was il most important, that they should be al
| lowed to introduce evidence 10 show that Hoyl
was unworthy If belief; and by this letter. and
this testimony, he expected 10 prove this fact
He expected TO prove, that Notwithstanding this
mans solemn proleslations of his innocence,
under all the solemnily Of religious rites, that,
The husband he had followed this woman into the
sacred sanctuary OF her fathers house, and sought
| 10 debauch her, morally al least, in that sacred
| asylum. That when appealed 10 BY that father
10 spare his child 10 spare The honor OF his house,
he promised 10 dessl from his unhalowed pur.
poses, and before The end OF another day, before
! the lie had died upon his lips, the relentless sedu-
Ger was al his foul work again. He felt warmly;
no man who was a husband and father could
.JaT Ill al
ly believed that the law did not deny him The pri-
vilege that he claimed.
Nj ScoTT also addressed The Court in very
eloquen, manner on the same side.
MIR. MAYO replied. tle said that he was sur
prised al the excitement of his friends, but that
the case in which he was engaged was such an
4 one that no man could be embarked in il without
feeling deeply God knows he felt il himself as
| deeply as any man; but he waned this and eve
| ry other case in which he was engaged 10 be decl-
ded by law rather than feeling When he desi-
red 10 exclude illegal evidence, he did so because
| he considered the safety of the citizens only 10 be
secured by strict administration Of the laws oi
the land lie disputed many of the principles
laid down by his friends on the other side but he
did not dispute their right 10 use this paper for
some OF the purposes indicated, and il they had
only explained themselves when he first asked
what u,e they intended to make Of The leiler, al
/
objected 10 its being read.
| Major POLLARD now proceeded with his tesli-
mopy. He said: MIR. and Mrs. Myers came 10
see me al my house, in Nelson, in June last. My
wife informed me that she had detected Mrs.
Myers in writing letter 10 Mr.. Hoyt, in The
| CITY OF Richmond. We agreed that il was bel
Ter TO lei this letter go, and intercept the answer.
| attended the office myselifor that purpose, and
took letter out directed TO Mrs. Myers, after she
and her husband had gone TO visit some Of her
relations in Nelson. opened it, and found il OF
most improper character Tor any gentleman TO
write TO a married lady. | went down imme-
diately 10 Richmond-lhat is, got the letter
about the ODD, and arrived in Richmond on the
9th. brought this letter, the one now exhibited
IN Court along with me. found Mr.. Hoyt late
in the evening. said 10 him, This is Mr. Hoyt
believe; wish TO have some private conversation
with you, Sir. lie asked me 10 his room; | went;
said, Sir, am The father OF Mrs. Myers; l
have Intercepted such eter from yuu to her as
no gentleman would wrileto married lady, He
said what leller2 know oi no lelier pro-
duced it, He said, we'll sir, you see that that
letter is in answer 10 one that received. an.
swcred, yes Sir, that is plain enough. He Then
said he looked on Mrs. Myers as sster-ihat he
would sacrifice his life 10 serve her, and promised
me that their correspondence should be discon-
tnued. | told him thai nothing but desire On
my part 10 keep the matter quiet, for The sake OF
my family, induced me to deal thus lightly with
him; but thai he must stop all communication
with Mrs. Myers, ard that hereafter he must not
recognise her when he met her. This repeated
Two or three times, and he repeatedly promised
me il should be done. left him. The next evening
he came to my room, and said il might look Gu
rious for him to cease even 10 recognise Mrs.
Myers and asked il that were necessary. I
said suppose ed not, but that the communication
between nem must go no fnTlher-he promised
that il should not. He proposed that should
give him The letter that l'had, and he would pro-
duce the one 10 which it vas an answer, and we
would burn hem both. answered hat would be
down again in week or two and would lei him
know. was detained in town The next day and
about dusk, as was standing in the Rotunda OF
the Exchange was very much surprised 10 see
my son.in-law, Mr. Myers, who came mp 10 me
and told me, that he and his wife had returned
from Nelson, and were both stopping al The Ex-
change. went 10 the parlor TO see my daughter,