Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1846-10-16
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MAYORS COURT.

Mr. Ira L. Bowles being called by the Common alth
and sworn stated that he resided Hanover Court House
bad personal acquaintance with either Mr. William r.
Myers or Mr.. VIM. s. Burr-but no those two gentle,
tpoinng them) house on the 25,h of sepem
bcr Mr. VIM s. Burr appeared there first and went in hi.
carriage TO the railroad junction. he returned to the Court
House on the evening OF the day. and both he aud
Mr. Myers LETT his house that night for Richmond. The
distance from Hanover Court House the Junction In t,
miles from Richmond the Court House. il is Is miles
by one road and 20 by another.
Ben F. Darricott. sworn on tho part Of the Common
wealth is connected with the Richmond and Frederick
burg X Road; Sunday. 9Th OF September last Mr. VIM
r. Myers in tho far ms the Junction
and then left there did know whether Mr. My,r. i'm
tended to to Richmond in any other conveyance
night
Thos. Munlord. sworn for the defence-t.on Of Col
Geo. w. Munford). Is accustomed TO 90 homo from
school about ~ o'clock every day has frequently seen
Mr. Hoyt 60 into Mr. Myers house that hour aud come
out ae1ut oelock-beieves these visits continued
by Mr. Hoyt up to July at the mo OF the vacation of the
Richmond Academy-thinks he him during the vacs
ton, but cannot be positive.
VIM. Rutherfoord-reca by tho defence. His at
tention was called to this matter by the soat
tho city In April last, no oyt the residence of
MR. Myers perceiyng that he observed by Hoyt he
went into the house. and Hoyt lettering about tho
premises-hc then observed Mrs. Myers window
Hoyt finally went into the house-he, H., appeared de-
sire TO reach and enter the house candesnely-Hoyt
would into Mr.. Myers house when he saw him
Mr. in his yard. He had likewise with Col. NJ I'M
ford observed the conduct Of Mrs Myers aud Mr. Howl nj
the theatre, and spoke TO Col Munford about hc thinks
that he Hoyt GO into Mr. Myers house after the 10th
OF April last at which time Mr.. Myers had received
anonymous note-nofying him OF improper relations be-
tween his wife aud Mr.. Hoyt.
JOAN VI Patton. Esq Desired voluntarily make
thus statement He thought from the evidence of Mr. Boy
den mat an improper impression might be made against
HIM. He would state that Mr. Boyden called on him ia
act as his counsel saying, the time
considerable evidence Of prejudice against him, from
vorabe reports circulated in the street After counseling
with Mr.. Boyden and Mr.. Hoyt no advised Mr. Boyden
according this evidence make statement TO the pnb
lie OF the matter He said him that he need not dis
close thing material witness hi. statement to the
public MIR. Boyden had acknowledged him the time
he drew his statement that Mrs Myers had him
(Bcyden) to send for Mr. Hoy-that Mr. Boyden had since
he in his testimony asked him If he had stated ell
facts in Court which he had made known him. Mr..
Patton replied that he had, excepting those of tho two vi
sits OF Mrs Myers at the Exchange. Mr. Boyden admit
ted that such the asked how he should come at
them MIR. Patton advised him apply TO be recalled and
TO mako this statement TO the Cour-the substance of
which was published in yesterdays Wing.
Capt Hunter recalled. Does know that Mr.. Myers
was aware OF improper conduct the part Mrs
Myers and Mr.. Hoyt-had never sent him a motto a, a
warning or known Of any else having done so-had
never held any communication whatever with Mr.. Myers
on that subject.
VIM Rutherford recalled. Mr. w RMyers after the OK
posion told him he had time before an anony
letter apprzng him of the conduct OF his wife and Mr.
Hoy; he then said Mr.. Myers he thought he know
who was the author of INT Myers had found II under
his dooras soon as he received the he got upon his
horse and went his house, through the base
men window, and there found Mr. Hoyt with Mrs. Myers
with his gloves and hat on-ho Immediately had Mrs.
Myers called out and showed her the noc-Hoyt soon
after made VISIT TO the oihce of Mr. Myers and said
him that some malicious person had been writing very
improper note about his visits his (MycrsO house-Hoyt
protested ne visited the house only friend Mr.. Myers
replied, that made difference what capacity his vi
sits were made he discontinue ihe very injurious
in circulation about ihem-Ioyt pledg ed him
self that they should be discontinued.
The following Is the ymous note, verbatim:
Mr. Mites want too look the conduct of your
wife she Mr. Holt very often aud gets many notes
from hm-he will be your house to day Do stop him
from or you will be ruined your friend aud unor.
tunaie
Thersday 10th Aprile "
The evidence both sides here closed
MIR. Mayo asked whether his Honor desired he should
say anything IN this matter. The Mayor desred to hear
him.
Mr. Scott stated that the for the accused desired
hrst TO separate tSe Of Col s. Myers and Mr. VIM
s. Burr from that Of MIR. VIM. X. Myers and hoped to
slow his Honor that they ought TO be discharged.
Mr.. Mayo c1ntended that the Mayor, a. n commit
ting magistrate, had power discharge a prisoner
from custody when the proof of the act was moi
established, and when the informing witness or wit
nesses were known eions and perIurod But when
tho act was proved circumsantaly proved. by COM
Peient testimony, the committing magistrate had power
10 discharge the accused. He conended that his Honor
had no power 10 discriminate the circumstances I'M
der which thc act committed II proven tho party or
parties committing the should be sent on for trial.
To sustain himself in this position he referred proof and
read from several decisions both English and American
admitted TO be good law. In this case he sad the act was
proved, and the Mayor had discretion left him and
should, therefore, recomm the parties prison further
trial. lie said That il a manifest feonious homicide
Mr.. Lyons contended that Mr.. Mayo had preudged al
three OF the parties and involved them all the persons
who killed d. VI. HOy aud that circunstantial
evidence. lie maintained that there evidence that
Col s. ). Myers and w s. Burr had shot or killed Mr.
Hoyt, and ihat heJ ought therefore, be discharged
tie maintained also. that there prima CIee evil
dence that either OF the parties killed Mr. Ioyt-te cyi
dence only circumstanta and the Mayor had annie
power committing Magistrate. this ground TO dis
charge the parties But the of the case Col
s. s. Myers and w. = Burr from the want of positive
proof of their having aided and abeted in the death of
Mr Hoyi should be discharged from custody. In this po
siuon he referred TO Russell 43l Margina sustain him;
where said that Tho person no standing by when
acrmina act committed and does endeavor
the murder or apPehend the murderer though very
criminal yet lie is not guilty Of aiding and abettng the