The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-10-16

THE INTERCEPTED CORRESPONDENCE.

lHD iNIEhUEI TED NORTHUMBERLAND
from the Richmond STANDARD. and Republican, Oct la.
Trial Of VIM. II. Myers. samnel s. My err
aud William >. Burr, FOR the Murder OF
Dudley Marvin Hoyt.
MAYoR's CouRr. Oct IL, and 10. ls46-At II O'Clock
the 18th, the Mayor took his seat and the accused
who were already under recognizance appeared with
their counsel a few minutes afterwards.
The Mayor sent for Mr.. Joseph Mayo, the common
wealth attorney for the city Of Richmond and request
have the benefit OF his assistance If he should reSure IL
Mr. Mayo said he engaged in another court and that
twoud be one O'Clock before he could geto and asked
the examination could not be delayed until that hour
After some hesitation the Mayor resolved TO proceed
and send for Mr. Mayo, if any question should arise on
was then entered into.
DR. l. H. CARsucHAHL was sworn
cused and said he had intended TO ask the
request the gentlemen of the press whom he saw he
lore him. to suppress the er pare statements that were
that the minds of the public might remain
ted and the justice might be poisoned at
CITY already teeming with reports of the ovidencs
taken Saturday before the Coroner which the press
he would say in hot and indecent 10 pander to the
morbid appetite of the community had pubished great
~ to the prejudice Of his clients They had suffered
wrong and most cruel injustice in this sided
ment that had been thus given to the public In one ma
ge the most that had sysr fallen unaer
Their true in morals in law Before these rubIica
tons were made he had intended to AJAX the court 10
cd TO- which he had no doubt would have bean
cd but that now it to late His unfortunate ciients
press the poor boon that every thing that to-
day might be fully and fairly reported.
Dr. CAnMIcHArL then proceeded with his evidence SUBJ
senfialiy as given on Saturday, before the Coroner
Was called onto Hoyt the morning of the 9sh.
found him severely wounded in the head told him he
the circumsances said Burr trapped at his door told
him to come mi Burr handed him paper sgn; while
tered and Col Myers required him 70 srn ;mw 1a
diately; declined doing it and then VIM R Myers cama
forward ana shot him. On Wednesday before he died
again. did substantially the same he was perfectly in
his senses and entirely competent to give evidence
was the cause of his death. p
Crosserdminsd-In snswer to question from Mr.. Ly
told me- H. said he was resting on his elbow. readiGr
the paper presented by Burr, when the Messrs Mvcrs
came s ne ana not tell me a what time he got
on Monday, and that on Wednesday last were varv
abort and hurried; held the last on wednesday at ths
request OF the Mayor simply to whether he CONT
nued to repeat his 6rs account and he did 20 ak
Dr. MILLS sworn-Called by Or. Carmichael to assist
and asked him how no did; said pretty we'll except that
they had been giving him some blue bills; remarked
he replied that the reason Of it was that he was
tanned by good conscience.
Crosseraminsi-Dd not make postmortem examna
nom was present ct conversation held by Dr. c. with
Hoyt Wednesday last and heard him tell Dr. C. what
he had just relaed at that time Hoyt spoke but little
and seldom, except to reply almost categorically to
quesonsput to him; he never put any papers relating
TO- this matter into my hands, did encourage him 10
talk ahodt NJ when he spoke to me Of his he
DAD not say OF what but only in general terms that he
was innocent.
Dr. CAnMrcHAEL was called. and In reply to quss.
ton from Mr. Lyons-Hoyt only said to me he was in.
of the crime; he did not say what crime. DR. g
began to relate what he said of Mr. Boyden
but was stopped by the court as being irrelevant to the
Mr.. EvArs swcrn-Repeated his testimony of Sat.
urdoy and again read the affidavit signed by Hoyt
Crssseramined-ln drawing up the paper, put down
the words Hoyt used them, to tauology Atthe
and mike such alterations a. he dirvesd; aid not con-
verse with Hoyt this subject afterwards but went
den innocence of any participation in the matter heard
him say that OCCASION Well Boyden this presents
s " Tyler who came for Sat he %as .sa
either by Mr. Hoyt, or DR.. Carmichael don't know
which
Dr. CARsIcHAEL was called and asked by Mr. Lyons
ii he knew how MT Evans came to be sent for. Replied
Il was in an adjoining to the patient when Mr.
Boyden asked me 1t was not customary to take the az
fdavt Of dying man under such circumstances1 ]
thanked him for reminding Of this omission of part
he desired to make an adavit he said he e did and
then got Mr. Tyler to 60 for Mr.. Evans, the nearest
magistrate as ,,
nesdsy last that Mr. Hoyt was ying him in
my ministerial capacity; when went in said he was
was making Of the time that was left him to make
his peace with Gcd he said have already been trying
Of Scripture thought applicable to his case, and in
praying with him he seemed perfectly calm and collect
ed, und entirely in his senses.
street heard three pistol Shots supposed In Hoyts
them pass down The street had heard rumors about
Hoyt and Mrs Myers two three days before for the
first tme but had seen nothing to warrant in sup
JoHN A. HAWKS swom.-Lives two doors below Hoyts;
saw the two Myers 60 into Hoyt's Office did not see
Uhon thnv lxs.x~ Al
afterwards with another gentleman return and get in
back standing in the alley in the of the Exchange
or three days before but know nothing Of my swn
knowledge about them. Heard several persons talking
f ns vsrv ns
ing examination without nching, although he was evil
IDENTIFY little agitated]
EUaENE PEnDLEToN sworn
lust hen 1t being ono o'clock, the Commonwe alth's
Attorney appeared in and took his seat by the side
Mr.. PENpLEIoS went on to give in his testimony ex.
actly AZ he delivered it on Saturday
three years from last May heard reports which con-
nectsd the name Of Mr. Hoyt with that of Mrs Myers
f Mr da Ssr before ars ny, wa. shot
received in evidence The Mayor stated that they had
that was his custom, whilst sitting as committing
that he might know what Witnesses ought 10 be rscor
nized to appear before higher tribunal OF course be
TOOK e. s al mat was in making up his
prisoners. The examination then proceededl
Mr.. PErpLrToN contnued-Mr Hoyt asked me two or
three days before he shot IL had heard apy reports
about him and Mrs Myers; said had; he asked me to
netce who talked about them hereafter and to let him
HI ow, he wanted to put stop to them; told him
would; there was NOT much intimacy between me and
Mr. Hoyt; this was the first time he spoke to me Of
Mrs Myers; after this conversation, did take motto A.
and never heard any speak of the rspor; the sub
jsct mentioned between again until after he
va. shot; do not recolec who it was that heard speak
Of these rumors; can't remember Aerw ards question
ed again by MIR. Scott he said:] ] think remember
hearing Mr. Poorc speak of them, also Mr. VIM Big
ger Mr. Hoyt did not ask to tell him who had heard
talking about it, only inform him IL heard any body
talking about II again; therefore did not stel him who
bad heard talking about it. lin answer to questions
BY Mr. Lyons:] had Mr. H. and Mrs Myers in
vsrsation at carriage door, stood in the street,
rscoliect only which this happened stand
Ing m our door when the carriage drove up opposite Mr.
CrantzS door (where Mrs. Myers dealt Mr.. Hoyt was
IN the office, but whether he behind in front Of
the screen that sits before the door cannst say
men NOR at any time gave him, either by word signal
nstics Of Mrs Myers approach; this occasion he
came out and passed me as stood in the door, and went
do not know how he knew the carriage was there;