Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1853-09-22

DRAGON watch against their own and every 49,
$3.50 chTnent can easily see that the most
~ A, means by which the Court can trench upon
this right are through its own power OF oecluIls
mon the admissibility of evidence. Under cover
of exercising that power It may take me Jaw o. !ne
case out of the hands of the jury; one lnhoVatl9N
NAV lead to another, until ut length the whole
nn,,eT may be taken away. l am satisfied that
could not reject the evidence now offered, without
deciding the law of this case, and thus depLlVlns
the Jury of their constitutional privileges. UnueI
our lawof homicide when requires tnat 1in ,ra
shall be not only wilful, but deliberate and pre-
meIitated TO constitute it murder in the inst de-
gree and Which denomiuates all other murder
murder in the second degree; wide door IS open
ed for the enquiries of the jury. The character
of tbe accused, his metaphysical nature; his Sus-
ceniibilities, his temperament, The nature OF the
provocatioD, its actual effect upon hlm' WheIhet
he had reasonable time to cool, or was suthcleht-
" cool to have commanded his actions; all these
may enter into the consideration oil the Jury LEI
it not be understood that, in thus permitting this
testimony to go before the jury, that endorse til
that is that pronounce il conclusive for the OBJ
iect for whichit is offered even in surprising 1t
to be in its fllhst extent what the counsel tot the
prisoner avow it to be. All the Court DOES, IS 10
pennt it to go to the jury, weak strong as 1t may
be when there, it is their constitutional right 10
iudge of it according to law, it is their moral ana
religious as well as constitutional duty, to judge
Of It according TO their oaths.
The examination of Mr.. Clabaugh was commen-
Eus
ing entertainment given IN Cumberland at MI
Heffel fingers hotel, on the 2Sd of January Late
| in the evening, whilst dancing perpetual moloh'
witness standing aside, Sprgg caught swami Vlo
Iently by the ARM finging him OIL saying uet o1t
of the way, you are out of yourplace. Swami sa'u'
| well, am wrong, i was out OF my place: Spllgg
manner was very rough; he gave Swami neaVy
| Jerk: Swann'S manner was very humble; udht
| hear Sprgg say anything OF swans courage;
| can't saw what Swami had previously done; DIDN'T
| see Swami turn the lady; was not noticing; IL was
late IN the evening" such time as parties are apt 10
get excited; described the dance as quick ana any
| interruption unusual, but no necessity tor rude
ness; thinks Sprigg must have heatd Tue apolosy'
seemingly in anger; had never said SPrlsg dlo't
hear the apology; had told James Sprigg oil the
matter who said will didn't hear IT. am posliiVe
| never said he dld't hear; Sw0nn'S lady was then
| seated: If my partner had retired should nave
done so also; was surprised at the manner 'H"'
Swami received the repulse.
DR.. Charles L. Scoley-was present at the pail;
heard difficulty had occurred; went TO Swami,
who said 1t happened IN the dancei that nc nau
oDologised to Sprigg twice; had communicated 10
SnrigT what Swami had said; Swami had apology
Sed twice, and he believed SpriGg had heard hlmj
asked Swami to accompany him to Sprlgg' SuPPo-
sing Sprigg might not have heard the apology; act
ed Voluntarily; went afterwards to the supper
room. took Sprigg aside, communicated 10 him the
fact of Swann's apologising, and saying he had no
III feeling; Sprgg denied that Swami had apology.
sed; wanted Sprgg TO go 10 Swami, that ne would
be witness to verbal apology; Sprlgg declined, anu
said Swami must come to him; whilst talking, W m:
10. Sprigg, of Michael, his cousin, came up ana
lsaid 10 Snrigg, sYou making fool oil yourSel;
deceased said he would not allow any relative to
make use of any such language 10 him; Mr' opngg
then left them; deceased uttered oatns; was uuEH
Iexcited, and evidently under the influence OF IL
ouor; he was much more excited alter his relatlVe
Iieft and said he would take the first opportunity
Ito insult Swami, either by boxing his ears CT spit
Ting in his face; witness returned TO swami iounu
him more excited than previously; Swami Salo ne
lhad been informed by servant, that Sprlgg lnten
de TO shoot him; and he had concluded to let mat
tiers take their course; had not communicated 10
lSwann Sprigg's threats; considering they grew out
of his excited state; didn't communicate 10 Swahh
what he had said to Sprigg.
VIM B. Barrell-On the oath OF January, atter
dinner, was standing with Swami at the door oil
the u. S. Hotel. where Swami takes his meals;
Sprigg came up the street, crossed over 70 5ne
Inorch in front of Swami and myself; halted de-
lIiberately: spit with force in SwannS face; W.T.
lness received some of the spray in his own lace;
witness asked Sprigg what he meant, Spngg, Turn
inp waved his hand towards Swami, satstylng
witness twas intended for Swami, witness had
Iheard nothing previously OF the quarrel; Sptlge,
a short time after, turned and went away; witness
lasked Swami What it meant, but he did Mt say
what led to it. but said, what shall a man uo l am
calm and collected; but he was, really anytnln
else. Swami. farther said, al have but one thing
tn do" Swami did not say what that thing was,
but witness thought he understood him; abo ut
FIVE minutes afterwards, S@ann inquired II could
get any friead TO carry challenger witness told
him no one would carry q challenge.
Cross-examined-Saw Sprigg next at DR.. Dough-
erty's Office about two hours after; on first going
10 the door, witness found it locked; called to
Dr. Atkinson, who he supposed was inside; Sprgg
from the inside, asked ''who Is ihere! witness IN
formed him; Sprlgg asked II any Dody was WIN
him; he informed him there was not, was admit
ted when Sprigg again locked the door; bout 1lve
or ten minutes after, Sprlgg left IN sleigh; mad
told Sprigg he was. safe, and on going out, he
| looked up and down the street, got into sleigh
and drove off; witness, Henry X Atkinson, ana
two mr. three others, were in the Doctors Office;
dom recollect who was in the sleigh; thinks Tins
was about two hours after the occurrence; Sprlgg
said he had understood Swami was armed with
revolver, and that he had been at the door, ana
that he, Sprigg, was waiting for pistol; don't
know that he was armed; this all occurred OH the
same day; when Swami was spit upon, Sprlgg
wuIked away at his usual tate; did not stop 10
answer my question, and walked away SO qulck'
that Swami could not have struck him.; was wal
ting for arms that he mightmeet him on lar termSj
heard nothing, at that time, of Sprigg being arm
]. Philip Roman-Met Swami and BarreIl in the
afternoon, on the corner oil Centre anu Baltimore
SITS; Swami called him aside; alter lew moments
conversation, Swami passed across the street.;
and turning, Sprigg coming up the street; wit
ness turned his face aslde in going oil, expecting
a renconre. Sprigg was outside the once when
Swami went over. THIS was about 2 O'Clock;
witness walked to the corner of Baltimore aud
Liberty Sts., when Swami came over to him; saw
nothing ofSprgg then; had turned his back be-
cause he did not wish 10 be witness; Swami
Joined him again about four buildings off.
Gross. examined-Knew nothing of the splitting,
when he met Barrell and Swami; had stopped to
speak 10 Barrell, when Swami called him uside;
and said Will Sprgg had spit in his face; witness
said, ''s it possible" Swami replied, it is; wit
ness said, ''why did, Mt you shoot him9'' Swami
said. '.yonder he is now" and passed over IN the
back; Swami had not said he was going 10 shoot
him; Darrell could not have been far off. when
Swami returned, he SAID, 'see that, he locked the
door, and said he wanted to converse with wit
ness but nothing further took place then; thin ks
Swami told him Sprigg had spit in his face, with
out saying word; had heard of the ballroom af-
fair before saying, "why don't you shoot hima"
Mr. Barell, recalled-Swann asked me TO Cross