Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1852-07-09

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mail "a we are informed and could have been easily so sent
M c,se;herc being days for the letter go TO Pitt
;o Can't House and not halt that time was then nf-
v Bpt if there could be any doubt as 10 the reason
,ho endorsement, il is entirely removed By the annexed
c,nsn,,c If Mr. McCou who brought the convict 10 this
city: Hrx,,co ro.x-y
.rr,,v c..,g, that was the messenger employed 10
,r - '., t,h...sr from, the iail Of Pittsylvana
county and that Lieu, Governor Wyndaam t.oocf's.h m
siriced me- before lett FIR that purpose, 10 u ee c
;iun carving into effect the oalect OF my '.sso' 49,
r,eo that nch excitement existed in The c"unty
against said prisoner farther certify that Lieut..
Goac!tsnn gave ne This instruction uGcer me ap
s NJ said, HAT Shonl! Tie Communication oi me sao
san,cat become generally snuwn violence FEht DC III
upoa lis ittIe Pis"nes) p-scn, 10 prevent me
,Iun OF said c0nmutaton . -.
Thc aa,;c statement is the sum and Substance u me coz
vocation viii. Lieut., Governor Robertson. The words rse
n ma, conversation cannot OF course rccorc'
- 49, e. L. McCOGLL
,, y, ucf.culps exclamation with tie endorsement
-c .r. aot il il does not snow That Lieut. Governor
Robertson afraid Of popular outbreak "" '"n'e >!
., ,tz.cs a! p;sysani, at TIE commu!aon oi Toe sen
.crcc Granted by him. then facts and circumstances ?o'c
n,tl.ies IN ledge ycu wis. have TO PICK your NM nh
.o,irn Won eau, cover up The tracks hcre-!"e in'.
PRINTS are plain in tho sand
Acaia Judge R says: 81 had intended TO idFri's.
som: extracts from this testimony loucnine INC DAN
= OF the deceased, upon whose statements me case
seems principally have tetn rested Does 'ucge
Robertson intend, by this language, 10 'n'h"a!e "a'
he record showa That single witness says 'ia'
Thomas r. Wliiama c,rcys Insane when lie mace ms
.c. ration or ina he in his proper mlad cuEs
Ms illness which lasted TWO "ceKsi we ce''aint
hcu.t looked for such ruse from tha sourc" oG
,c.ly II il does not lnran that that II means
aay:!n. Now what the facts upon tas pon,i Inc
testimony Shows that during his illness the deceased was
of
sa,cfnent but ery n.ss vino said anything upon th!s
pyini s.vs lhat T.! OTHER TIMES he SHADE THESE
STATEMENTS OF -nE MANNER ~ WHICH lie RECEIVED HIS
DEATH wyusps SAID "HE SHOULD DIE, he COULD not
LIVE" &c, nc was OF PERFECTLY SOUND MIND. Doctots
VI .rrn nGd While this The case for three Gays
tine Just before his death. Why the iHsinison 'Ecn' II
il was no, in encet 10 mslcad!
In our first article gave detailed statement OF Inc
manner and tirs Of trial. simply because we did not regard
those points materially aiec.ias the merits Of tie case
n Judge Robertson ustes the action OF his brother upon
the ground Csser had been previously tried ana ac
united Of The offence and says LET have the facts As
ragY STAND RECORD and then processes 10 give
h.m Now is not s,rlusc thai after this sTINATioS 20
~ the uas that had not given ALL the facts, ana es
peci.lIy "As Tngy srA.n EROS RECORD is II not
strange we say JupaE r. should OMIT or n.soUoTE
INV nu,rTa fact exhibited by the ecordl And yet lie did
go as we sha. show He gives detailed statement OF the
date of tie offence the date Of tho warrant calling the
syecia Court for his trial. but curieusy oAITs 10 GIVE
-HE nay rpoS WATCH THAT CorRT WAS TO HAVE MET
Tor the trial Of Chester, though he gives Inc date
Of every other Court and incident connected there
with Tho upon which this first Court was
to have ne very material because showed the char
accr of the first curge against Chester and explains the
subscoucn, action Of the Court The record shows that this
Cou,t wss called for the l2h day Of Apr the rry dayupon
uhch Williams died, anu II Il had met might have tired
Chester before tic deuh OF his vc,m le charge therefore,
could not have for murder because death had mot en-
sued The charge then as The record shows, that he
luly and maciously beat with intention in go doing
TO kill him the said r. T. W. the great Injury of him. the
said T. T. Williams" And here again Is strange fact
The JUDGE quoting this part OF the record leaves out en-
treIy The i'm pcrtan words ITO The greet injury OF he said
r. r. w." This s the most important part, because II
shows the character o that charge and yet It's place Is
sunpled win "c" whilst the less important Is COPIED
Hce ,!cn, is omission, and quickly follows
nrsqroTArIoS 10 quoting the decision OF the Court npon
mis- al the J!ne omitted . ;ialicise the words "MASSER
,.D raru ",s THEY srA.D urox THE RECORD" The 49,
TORRANCE ard MATErIA.iTY Of this could not we think IS
cape the attention o! Judge That these words sho"
have been scscd upon the record rather remarkable,
and taken vita the context its meaning is obvious 10 he
brief inc record shows th;s that whilst T. T. W. was living,
rhc cour was called cor the l2Ih Of April 1886 and on
Tia; day Williams ti.d; the court failed 10 meet On me
&c II nf iay ,irwevcr, Chester who he'd been formally
ciae. s,u;c lie death o: his victim. win assantnS and
tin E. r. ~ was brought 10 trial In The nic"nti'n" j.
l. - h.' h .. tie beating, and upon the fiai II was
aora, s.grg II It he had Committed 1iuch higher oiince
,ar lie orc with wlci he hal cen char@e!-e had coH.
n:ttei 3rI> AID ha c; dpmate>s I,n'in@ ih't Lieut.:
~ Rpn. might pardon him, H. scr;enccd 10 b.
narg cor mere assault preferred 20 gay, they did, Ln;
aii Ccirt not guilty in manner "nd i0I7, A. IN
he inu:mat:r, a,Tc said .ars him i. alleged" In oae'
words liz in noi guilty OF ,t offence in this manner and
FORM out lie guilty OF h.e. cicncc-hc is guilty OF
murder and i.r ina: we will try him This view i,
fnel hy ;:,c fact 9t Chester is immediately rcomn:iited
q j! ard tpth-r cour called Try hiH. On this a.
IL :gcTi;ari u rhl:a IS ,siy dilrr: i5n lie fist.
Il c,.rn,a aitn with The 'nlurdtr" OF T. I. Vs., ard bj
uaaur.vrs &c convicted thereof. On inc first
al hr c:GigcJ win wholly different oi.nc', a"d bis
i,9usi, e. rri!rnf.y r'en!cd BY the C1r! opera
Ell orly NOTE prCscGGi Certainly i was no bar I"
r. .rl,ua ,ria J.3e Hobl::sou. opinion The contrary
withdrawing. ard in support III our view. We refer 1, The
4 n authority OF l2' pEerinss Reports page ieo, where
n The Gas. D: ,ic Commemorate: Williams Roby, Which
y!s :r 7,g, tho reporter gives the following point de-
.ed BY a conviction upon Indictment for
\, ns.aun ,ra Intent murder be- plead in bar
y, indictment Tor murder the offences distinct in
la character and in could party trial TO-
i one be ccnricis u other" This decided before
'ls33 ard Judge r. ought thank Tor referring him IL
i.
Suc. was tic law In Virginia al the time Of Ches'cs
r.l nnd psGnc. cannot be convicted Of oiirrc'
Of higher grade the with which he is gcd. II
therefore, conrc2n ia bar It requires argument 10
that "cq.itta OF committing the offence 10 Ibis
"naHncr ond form" is rot. 90
C!ei Justice Shaw. pronouncng the unanimous opin.
lon Of the Cont, says that the offences. "murGer"
ana IAN assault, charged 10 have been committed WITH
acnous intent murder" "di.nc in their nature
of distinct legal character ard in could party
m for The bo convicted Of the other. The iRdic
nrcnt for y.e. necessarily charges the fact Of killing
the Eta and mos! material fact which gives its legal
character 10 the offence" Ii he party assaulted after &C.
lonns assault dies within tho year and day. The act
winch ill the death assault and misiemcannr only
though aggravated, is shown By that event TO have been
mortal wound The cvert, strictly speaking, does
change The character Of The act blu, it relates back the
tire Of The assault and The act, which nigh! be