Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1846-10-16
~ r I A T.
oc w. =. MYERS, Sam'l 5. Myers, anu
:" VIM. :. Burr, for the Murder OF Duuiey
Marvin Hoyt.
rive extract the following from the Standard Of

MAYORS Court, Oct IL, io4o.
a,1I o'clock The MAYOR took his seat ana inc
accused, who were already under recos
appeared with their counsel few minutes a'e'-
wards Y, ,s.,,o tho
The MAYOR sent for Mr.. JOSEPH MAYO lne
co,nm,nwearh's Attorney, for the city oil kich'
n,ond md requested bis presence during the ex-
.n r,;ns,;on tha, he might have The benefit OF bis
ass;s,apce if he should require il. MIR. MAYO
aid he was engaged in another Court, and lnat u
would be l O'clock before be could gel OH, ano
asked il The examination could moi be delayed "n.
M that hour. After some hesitation, the MAYOR
re. olved 10 proceed, and send for MI MAYO, "
anv nnes,ion should arise on which ne should
nesd III. assistance. The examination was Then
entered into.
Dr.. E. H. CARMICHAEL was sworn.
Here Mr.. R. G. ScoTT, one OF the Counsel
for The accused, arose and said, ne had lntenoeu
10 ask The Court 10 request Inc gentlemen OF inc
press. whom he saw before him, TO suppress inc
sr pa1te statements that were given in al tnie
staee OF an investigation of This sort, that The
minds of the public might remain uncontamlna-
ted. and the fountains of justice might not be pol
soned AZ their source bur i, was now 100 late, The
nress of this civ has already teemed with repors
Of the evidence taken on Saturday before the
Coroner. which the press he would say. 10 hot
ami indecent haste 10 pander to the morbid appe-
lite OF The community had published, greatly 10
the prejudice Of his clients. They had suffered
wrong and most cruel injustice in this one-sIded
statement that had been thus given 10 the public
In one paper he read document (alluding 10 The
Cofoner's charge) the most monsiIous that had
ever fallen under his eye-most gross ana inoe-
cent in lis character; neither true IN morals nor
in law Before these publications were MADE he
had intended 10 ask the Court 10 make 70 Inc press
The reoues, that he had already alluded 10, which
he had no doubt would have been respected; but
q, ioIo
asked for no restraints now they only oesifeo
from the press the poor boon, that everything that
,ranspired today might be fully and fairly Tepor-
ted.
Or. CARMICHAEL then proceeded with his evil
dence substantially as given on Saturday oeiore
The Coroner. Was called on TO see Hoyt on Inc
morning of the 2Slh; found him severely wounded
in The head told him he could not live; he exhibit-
ed great composure; related TO me the circum-
stances; said Burr raped al his door; told him 10
come in Burr handed him paper 10 sign; while
he was reading it, Col. S. S. Myers and VIM. K.
Myers entered, and Col. S. S. Myers required him
10 sign i, Immediately; declined dong il, and then
William r. Myers came forward and shot him.
On Wednesday before he died, was requested 10
ask him Ia relate the circumstances again he
did relate them, substantially the same ne was
perfectly in his s"nses, and entirely competent to
give evidence; there can be no doubt bur that The
wound In head was the cause OF his death.
CRoss EXAMINED. In answer 10 questions from
MIR. Lyons. Know nothing about this affair, ex
cepl what Hoyi told me. H. said he was resting
on his elbow, reading The paper presented BY
Burr, when the Messrs Myers came forward
He did NOT tell me al what time he get out OF bed;
did not see the paper, both conversations, thai
on Monday and that on "Wednesday last, were
very shor, and hurried; held The last on Wed
nesday, al the request OF the Mayor, simply 10
see whether he continued 10 repeat his first ac-
count and he did so exactly.
DR.. Nuts sworn. Called by DR.. Carmichael
10 assist in The operation 10 be performed on Mr..
Hoy5 went in and asked him how he did; said
pretty well, except that they had been giving him
some blue pills; remark, that had never seen
man exhibit so much fortlude he replied, that
the reason OF il was that he was sustained BY
good conscience.
CRoss ExAMiNED-Did not make post mortem
examination; was present al conversation held by
Dr.. c. with Hcyt on Wednesday last and heard
him tell Or. G. what he had just related; at that
time Hoyt spoke but iltle and seldom, excep, 10
reply almost calegoricaliy 10 questions put 10
him; he never put any papers relating 10 lhs
matter into my hands, nor did encourage him
TO talk about it; when he spoke 10 me Of his limo
cence, he did not say OF what but only in general
terms, that he was innocent.
Dr. CARMICHAEL was called, and in reply TO
question from Mr. Lyons: Hoyl only said to the
he was innocent OF the crime; he did mol say what
crime DR.. G. began TO relate what he said oi
MIR Boyden's innocence, but was stopped by the
Court, as being ireevantto the case.
MIR. Evans was sworn-repeaed his testimony
of Saturday, and again read the affidavit signed
by Hovt, published in Mondays Enquirer)
Cross ExAMlNED.-In drawing up the paper,
put down the words as Hoyt used them, even 10
tau,oogy. A, the end Of each sentence wouo
ask'him if it were correct, and make such alteta-
tons as he directed. Did mol converse with Hoyt
on this subject afterwards, but went again 10 take
his affidavit upon the subject OF Mr.. Boyden's
innocence OF any participation IN the matter
Heard him say on that occasion, "Well Boyden,
this presents something the appearance OF
butchers block" Was told by Mr.. Tyler who
came for me, that he was sen, either by Mr.. Hoy
or Or. Carmichael don't know which.
Dr. CARMICHAEL was called and asked by Mr..
LYONS If he knew how Mr. Evans came TO be
sent for Replied was 10 an adjoining room
10 the patient, when MIR. Boyden asked me il il
was not customary TO take the affidavit OF a dying
man under such circumstances. thanked him
for reminding me of this omission OF part OF
my professional duty. | went back and asked
MIR. Howl il he desired 10 make an affidavit. He
said he did, and then got Mr.. Tyler TO go for
MIR. Evans as the nearest magistrate.
Rev. Moses D. Hoae was sworn. Understood
on Wednesday last that Mr.. Hoyt was dying
went TO see him in my ministerial capacity
When went in, he said he was much obliged 10
me for coming. | told him hoped ne was MAX
ing use OF the time hat was lett him 10 make
his peace with God. He said 81 have already
been irving 10 do so" | then spent the time in
quoting such passages of Scripture as thought
applicable TO his case, and in praying with him.
He seemed perfectly calm and collected and en-
tirey 10 his senses.
ORLANDO PEaRaM sworn-Deposed as on Sa-
turday-lives in store next to Hoyt. ! saw The
Myerss 60 up The street; heard three pistol shots,
as supposed in Hoyt's room; didn't 60 in; four
or FIVE minutes afterwards saw them pass down
the street; had heard rumors about Hoyt and Mis-.
Myers Two or three days before for the first Time
bu, had seen nothing 10 warrant me in supposinS
them 10 b. true.
JOAN A. HAYES sworn-Lives two doors be-
low Hoyre; saw The two Myers's go into Hoyis
Office; did not see them when they came oui, but
saw them a few minutes afterwards with another
gentleman return and gel into hack standing in
the alley in the rear of the Exchange heard The
rumors about Mrs Myers and Mr.. Hoyt two or
three days before but know nothing Of my own
knowledge about them; heard several persons
talking about them on The pavement before The
Exchange. This gentleman STOOD very close,
almost brow beating examination, without
Ainchng, although he was evidently little asi-
tated.]
EUGENE PENDLEToN sworn.
[Jusl then, it being one o'clock, the Common
wealth's Attorney appeared in Court and TOOK
bis by the side of the counsel for the accused
Mr. PENDLEToN went on 10 give in his testi-
mony exactly as he delivered i, on Saturday.
CRoss ExAM,NED.-I have been living with MI.
Hoyt three years from last Nav. heard reports
which connected the name OF Mr.. Hoyt with that
of Mrs. Myers Tor several days before II was
shot.
mir MAYO here asked If rumors had been pre-
viously received in evidence. The Mayor stated
that they habitat il was his custom, whilst sit.
ting as a committing magistrate, 10 receive all
the evidence that was offered, that he might know
what witnesses ought 10 be recognized 10 appear
before higher tribunal. OF course he took care
10 discard all tina, was illegal in making up his
opinion Of the proprieiy OF discharsing or send
ing 90 the prisoners. The examination then pro.
ceededl