The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1852-02-06
have himself and bid him defiance. Testimony,
shout he a1y, corroborated that Of The other Wit

shout he srsy, corroboated that Of The other Wit
Alexander Dabnsy testified: that be did not see tie
s1uy he helped to carry Millsr out of the Theatre
however Mr.. Crump requested him TO eiye W
Mf1sf, saying that he would tsks ere Of him, and
this he officers refused to do Mr.. @ made 40 fur
ther effort to get Miller released. -
Albert Allen deposed that he heard the scuffie'
upon going to the scene Of action, saw Dabney Try
ing to get the dirk out Of Millers hands, he succeed
ed after some difficulty.
Mr. Egglesfon swore to seeing the concluding part
of the ARRAY, and to hearing Miller say, when
rested, "my friends, fight it out don't give tup So"
He had seen Miller in the third der in the early part
of the night making considerable disturbance and he
afterwards remarked to Haley that if no had been
doorkeeper he would have rung the bell for the off
GERS to put Miller out before they did.
The testimony for the Commonwealth here
closed
The witnesses for the prisoner were then called.
Col Bottom testified that he was lifting on
box late in the evening, Mr.. Miller came in and
commenced talking with him in very free, though
not boisterous manner. He appeared to be some.
what iIhumored and remarked that he was not
man to be run over. About fifteen minutes after
this the atfray occurred Miller evinced consider
able animation as if he had been drinking little,
but was in no way boisterous or unruly.
Messrs. Cox, Chestham and Woodbridge were
here sworn, and testified to being acquainted with
Mr.. Miller for periods varying from 10 to 20 years.
and always seeing him exhibit on every occasion
the department. of gentleman; that he was uni
versally beloved and respected in Chesterfield co.
by his friends and acquaintance; that they had
never seen him illhumored or in liquor.
The counsel for the prisoner here waived other
testimony of similar import.
DR.. Bolton, Mr.. Miler's attending physician,
testified to binding up the wounds the night of
the fracas. There were two wounds and one
bruise on the head One above the temple, about
an inch long, which bled profusely-probably two
quarts. The other two were of no great account.
He found the inner or alma bone of the right arm
broken in two SO that the bone separated and one
piece stuck out under the skin about hands
breadth above the wrist There were three other
bruises On the arm and one on the finger.
Thomas Burton deposed that he was in box
about ten feet from the door, and heard no loud
talking noise, until the atfray had commenced
He went out and saw gentleman having White in
his arms, who said "Let go, viii not strike him
any more"
John West deposed: that he was standing not far
from Mr.. White, by the first tier of boxes, when he
heard kind of kissing noise and upon turning rounds
saw White and Haley advancing towards Miller. He
saw blows interchanged and heard White cry out
xiii him, John, kill him. Before he heard the
Kissing he had heard no disturbance whatever. He
Haley and White strike Miller two or three times
in the course OF the difficulty. Had never seen Mil.
Ter before to his knowledge.
Col Crump deposed that Mr.. NJ, with some other
gentlemen and himself came to the Theatre together
They sat in the second tier of boxes and after while
Miller went up into the gallery. They after fol-
lowed Miller, and found him in the gallery bar drink
ing with some friends-but orderly. Haley came in
and requested NJ not to talk loud or he might create
disturbance; and NJ. said he would not and soon
after they all went down stairs and sat again in the
second tier. Miller seeing friend Mr. Bottom in
the first tier said he would go down and talk with
him, and be back in short time. Miller went down,
conversed with Bottom, and then left B , and not a
minute elapsed after this before he (Mr c. heard the
cry Of "a fight" Upon going down stairs, he saw a
man with his hands Miller's throat pressing his
head back, Haley holding on to his left ARM and two
gentlemen on to his .ght Mr.. C. then went to Mil
ler out of whose hand the dirk had been taken, and
putting his arm around him. said he would take care
OF him, but the officers refused to let him CO. Upon
going out with Miller, an old man came up and said
where Is the damned rascal who stabbed my son."
On the way to the cage, he heard him abusing Mil
ler On arriving at the cage he asked for a chair
for Mr.. Miller and was very uncourteously replied
to. Mr C. then went to state that he with Haley
proceeded to find Doctor, and on his way con-
versing with Mr. Haley-Haey told him that White
was man OF unfortunate temper, and that if he had
taken his (HS advice, the difficulty would not have
happened Mr.. II. explained that he did not remem-
Der to have said anything more than that White was
OF quick temper. Mr.. C. further stated that Haley
had said he was sorry he had had anything to do with
the business
Dr. Jeter testified to knowing Miller from bow
and to his universal good character
Messrs. M. Johnson and Scott then summed up
the testimony in few brief remarks which our Inn
tied space forbids presenting, contending that from
the testimony, it was apparent Miller had had no
words previous to the affray justfyng the hasy &C.
ton ofthe officers that Miller when he scufed with
the officers after their deliberate resolve to turn him
out acted on the defensive, the position of the arm
made apparent by the situation of the blows proved
before the difficulty commenced as the overlooked
disorder in the pit of "boots" boots that White
had not acted with forbearance or prudence that no
malicious or premeditated intent to commit personal
injury was made apparent that the ssabbing must
have taken place-lf it really did occur-when
White first laid his hand on Miller and the scufie en-
sued and that Miller had certainly in sickness, de-
privson of time and attention to business notoriety
and misery to feelings, been sufficiently punished, if
crime he committed.
Mr.. Myers stated that he appeared for the Lessee
and Officers OF the Theatre but he didnot deem il
necessary to argue the case then Mr. White had
simply acted in defence of his life, and could not be
charged as acting rashly order must be preserved
in the Theate, at all hazards, or it would be made
constant scene of riot.
Mr. Scott rejoined, stating that in his remarks he
kalr %.