Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1851-06-23

JUDGE WILSON PRESIDING.
THE COMMONWEALTH rs. JOSEPH ANGEL,
FOR MURDER or 7HOS. LOVETTl

1
THE COMMONWEALTH rs. JOSEPH ANGEL,
FOR MURDER or THOS. LOVETT3
Jvnr.-solomon Clark, Thos g. Bell, William
Burfurd Geo l.. Shrsldcr, VIM. Lavender, Jance
n b. cobbs, John W. Mays. Robert A. Pcndle,on.
Stephen II. Watts, Ambrose II. Burford, Moore
Barracks and james +. NJ. Shepherd.
Geo. Percival cxamincd.--On the morning thi.
occurrence hnppcncdl was riding up tho rcad. AZ
ter lpasscd Mr. Angels house, heard some one in
considerable fury turned round and saw him
crossing the road with couple Of stones in his hand
he got the outside Of tho road and threw them ut
a!cartman-pickedup two more and went down thu
cmbankment about half way be{w, On the road and
tho cartmau, and stepped with the two ,toncs in
his hand He was talking and told the curtmnn Il,
90 away and let the sand alone, eursing the cart
man, and the cartman at thut time advanced few
steps towards him. and told him To put down his
stones, TINT he did not want to harm him. Angel
stood there two, and threw the rocks
down--turncd round and told the eartmcn Il hc
didn't go away, he'd make him go. As he turned
around, he went towards his house, md the cnrt.
man returned to the cart. threw his shovel In his
cart, aud started his horse. About that time Mrs
| Angel came out Of the gutc and ran down to tho
cartman she got down 10 the cnrtman, picked up
some stones and threw at him. and struck him--sho
picked up more and threw them at him, and
continued picking them up mud throwing. and
backing to the road. tho cartmnn advanced upon
her, and lodging them she'd throw this
was going ON when ME-. Angel came out Of tho house
with n gun in his hard, crossed tho rond, took Il
position step two from the road on the bank;--
a he out Of tho gate | saw tho gun Ia
his hand, and told him not to make fool Of himself;
when he took his position on the bank, Mrs. Angel
was throwing ut the cnrtman not striking him.
and had backed nearly 70 where Mr. Angel was
standngi when they had gotten up to the bank, tho
eartman showed Mrs. Angel one side, and spoke a.
Mr.. Angel and told him 10 make her mind--nnd
said make" osain,but ut TINT time tho gun fred.
the eorimup sank rather than fell up the bill and
eascd down. Az Mr.. Angel came up to the road
after he lad fred, | asked him what wns in the
gun. then up the Police Office nnss
informed Mini. Talbot, the Constable that MIR. An
| gel Ind shot a man.
| Up the cartmnns icuth did not know him
| learnt afterwards his Thomas Eovctt,
| ] had scenhim before but did not know him.
ldia not scc him come out Of The honse with hia gun
The cart and horse Ind not gone very far--I SUP.
pose some four FIVE yards--whcn Mrs. Angel
came out, and he stopped his horse. or tho horse
stopped when he (I.ovct,) turned around towards
Mrs. Angel. Lovctt did not turn around til Mrs
Angel had struck him twrc The muzzlc Of tho
gun couldn't have been over fnr or five fcct from
MIR. Lovett when Mr.. Angel fred. Tho gun mp
pcared 10 be common shot gun-old fashioned
Hint tl,ink-1 am not certain ubout tho Hint
Mr. Angel held the gun with the breach under his
arm, Jr-i above the hip. ut ngc of about forty
five dcgrcc.-,iad tho gun il that position when hc
first took hs position tina bunk, and kept il 81
until he fired. MIR. Angel nbout three or i;mr
feet outside the rond aud on the bank, and Lovet
wus three or four yards below him. nearer tho
river. MIR. Angel elevated some three or four
| feet above Lo,ctt.
did not sec Loyctt strike Mr.. or Mrs ANGEL
| further than showing Mr.. Angel aside. The snnJ
bank was ten fifteen feet from the river bank
common water in tho winter covers tic sand bnnl.
but Mt low mark il Is n foot out---oriinnry
Tide in summer docs MOI cover tho bank by foot.
1t is hard for me to make one understand what |
mean by the tides unl-ss he WINS n waterman. High
ford n: the crossing above will the point Mt
any time, winter summer. When ills low fur,l-
ing, the point at which the sand was, il exposed,
and the ordinary difference between high aud low
f'rding Is about eiybtron inches. AZ the time hc
(Angcl) went down the bank, Lo,ctt was standing
behind his cart ut the sand bank. The cart was
not between Lovctt and Angel. The sand bank
was between Loyett aud the cart. I.ovett Ind
thrown his shovel into his cart mud started before
ANGEL came.
There is road turnpike between Angels cute
and the river. Ii il about go or 10 feet from Angels
gate the river ordinary Tide and straight accros.
the road. The turnpike between the place
where Loveu fell and Angels, between tho
turnpike and the river. Between d,c turnpike and
the river where Loyctt fell, is unenclosed and ho,
been ever since ] knew il. ! did not see tho
wound MIR. l.. received. nor saw him afterwards
Don't rccoileet the day ofthc month.
cannot tell whether the snnd Loyctt WINS taking
was on Angels premises not. The supd that hc
was taking was Mt the point joining the main lind
Ii was very low water nj that time, tho place whcre
be was getting sand exactly oppositc Angel,
house and connected with ,he mzin Bank Did M,
sec Lovett shovel in the sand and throw il into HIS
cart the cart was standing on the min Bank at the
point just where the sand being thrown in.
Angel and his wife had had POSSESSION Of the pre-
misses for nine ycnrs. The door Of their res
| idcncc distant twenty ifvc or thirty steps
or more from the place where the csrt An
gel had away, clnimcd the sand where Lovctt's
cart standing. He had always claimed tho
bank down to the river, at low water mark ~ his
own. Angel bad very frequently refused to per
nit others to take the sand AWAY. On this occa-
sion Angel told Mr. Lovcii lie must let tint sand n
lone and go away--fold him he should not have Il,
Loycu did not go away Immediately when Angel
gave him this waDing. Mr.. Angel was n shoemaker
do not reeolect whether he lind on his spcrk. and
apron When told Mr. A. nor to make a fool Of
himself he mado no reply So far ns know. Mr..
Angel was during the whole fihis time on his own
premises, except when in tho rond. Mr. Lo,ctt
when he was shot, was the premises claimed BY
Mr. Angel. II he had decd 10 tbnt land il was hi.
oil course--if bis deed runs as my mothers does
down TO low water mark. Itwas az muck in his
possession us any land uncnelosed. Tho nncnco,.
ed iand in front Of Angels house is us much in pos
session ct Angel as the sncpclesed in front of my
mothers house i- in hers. The land of Witnessed
mother is next 10 Angcs-Angci's had been 10 his
possession for eigh, ten years, mud his titIe
was good to the same if he had n like deed TO my
mothers Don't rccollect whether Mr. Loscu.
when advancing towards Mrs. Angel Ind n stone
N his SL.s) hand. Loyctt put both hands on Mrs
Angel and showed her inside and just nj that time
as he (L.) turned sawnrds Angel and spoke, III"
gun fired. do not know whether il was violent
grasp or not with which Lovctt took hold Of Mrs.
Angel. lie laid both his hands upon her person.
That thing was done on the land that they claimed
lie Angel and Mrs. AngeI. II was done aftcr ~
had been warned to go "a. | did not examine
Mr. Apg.ls ,rtp an ms IN asce rtain vIs k.r ,..s