The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1854-04-22
lFRoM OUR SPECIAL REPORTER.
TRIAL FOR MURDER.
Ihe Commonwealth re- Charles b. Christian, for The
Murder of Thomas Blackbnrn.
In the Circuit Superior Court Of Rockbridge
County.
JUDGE LUCAS P. THOMPSON. Presiding
FIFTH DAY.

L AOhoDAhr Apfu 1Stn.
When the Court reassembled-
DAVID E. MOORE, Attorney for the Common
wealth, opened the argument for the prosecution
after brief reference to the crime belonging to
that class which could not safely be permitted to 60
unpunished-to be committed with impunity he
went into definition of murder and its different
degrees under the English Common Law and the
Statutory Laws of Virginia.
The prisoner at thebar was charged with wilful
detber ate and premeditated killing Notwithstand
ing that the evidence had occupied nearly six dav
OF investigation, the lay within very narrow
compass. The main ingredient was the killing
and it was not embarrassed with doubt as to who
committed the deed. They had not to rely on cir.
cumstautial evidence, which was 80 embarrassine
and difficult TO juries. and by which the Corpus de-
ticti was so hard to establish. The slayer in the
case before them was well known CHARLES B.
CHRISTIAN the prisoner at the bar was known to be
the slayer OF THOMAS BLACKBURN The simple
question then was was it done under circunstan-
ces which amounted TO justification The jury
were not sitting there as board of honor to moot
points OF honor they were not permitted to travel
out of those considerations which to enlighten
their verdict under the law of the land
Mr. Moore laid down theproposition that all kill
ing malicious The burden of proof of the kill
ing devolved on the Commonwealth; that must
be proved beyond a rational doubt-and il there
were rational doubt the prisoner must have the
beneht of it. When the killing was established
then the laboring oar was thrown back upon the
prisoner upon him devolved the responsibility of
establishing such facts would amount to a iusti-
fcation, and to do that the evidence must be very
strong and conclusive. Provocation would not
avail to reduce the offence to murder in the 2nd
degree unless it had been so recent and sudden
that the individual had not time to cool-had not
time for reflection, and his judgement time to par.
ley with ITSELF The speaker here quoted from
Russell and Roscoe to illustrate this position-to
show what was regarded as deliberation and what
result of momentary passon-the .furor breris-
But not only required that the action shall be
be under the influence of this excitement; but that
the means employed, the 1eapons used, mast not be
d1spr0porttoRed to the ProU0cdtioa and among other
cases, Mr.. M. quoted that wherein a boy beaten by
another, came to his father and the father becoming
greatly excited seized heavy stake and after run
ming threequarters OF mile, struck the boy that
beat his son, on the head ,inictng wound of which
he died. twas held to be murder; notwithstand.
ing there was not time to COOL because the instru-
ment used was disproportioned to the offence.
Alter reading and commenting upon these pas
sages he required to the facts of the case of Chris
tian 1t appeared that the prisoner was aggrieved
by being informed by Blackburn that he gave the
information to a lady which induced her to break
on her engagement with him. That engagement
was one 1t was true, OF no great Importance: but
the prisoner was no doubt provoked and conceived
that he had cause of offence against Blackburn
Blackburn it seems after seeing Christians letter to
the young lady requesting the name of his calunl.
wanted the author of the information upon which
the young lady acted and promptly went and told
him that he, Blackburn, was the person who gave
the information. He made the communication in
respectful terms; all the witnesses concurred in this
without variation in the slightest particular That
the communication of an offensive character
cannot be doubted. Ii was a provocation which
caused the prisoner to seek revenge but to seek it
in a way which the law did not tolerate It would
be difficult for man to prepare in more deadly
manner than did the prisoner to carry out his pur-
pose of revenge. He provides himself with re-
volver-a very deadly weapon; he also possessed
himself, against the will of its owner Mr. Winu of
an instrument celebrated for its deadly character
(the bowie-knite) besdes hese he had single
barrel pistol This was all done deliberately, and
premcditatedly Then the prisoner selects the
solemn occasion ofreligious devotion at Church as
a fit one for his purpose. He asks Cadet Lang
horne If Blackburn would be at Church. and he
had spoken to others of calling upon Blackburn at
Church on that day. Could it be doubted that he
| considered the occasion opportune for revengel-
Could there be any other conclusion than that he
repaired thither perpetrate the deed which he a
terwards accomplished
He goes to church and plants himself 10 the vesti
bule where he has full opportunity to Blackburn
| as he went in. He was there seen by Cadets Mat.
thews and Mckinney. Blackburn entered and
passed into the church. He soon returned and
spoke word to Cadet Matthew'S when Christian
stepped up, touched him on the back and said he
| had word to speak to him, and B. readily assent
| cd.
Did Blackburn expect to be called upon at all7-
and least of all, at such timel Whatever may
have been the understanding of the parties at the
first interview to the terms of parting one thing
is certain that Blackburn thought the matter at an
end No doubt Christian was taken by surprise
when b. called upon him at the Hotel He NAV
not have been prepared to disclose his course of
conduct. He evidently had had no idea who had
| made the communication to Miss Anderson for
his letter to her fishes in the dark 1t was entirely
han ot Chrisf aba,
and may have been embarrassed, as any body
might have been, though having the spirit to re.
sent the insult But Blackburn gave no indications
that he expected any thing further would be done
with the matter. He did not speak of it and one
conclusive evidence that he expected no difficulty
then, was that he went to church with young la.
dy: fact, which, should of itself alone have been
sufficient to have protected him from Christians
purpose According to thetestimony of the young
lady, there was nothing unusual in his appearance
and his whole manner was such utterly to forbid
the idea that there was In his mind the remotest an.
prehension of a difficulty with any one. In this
frame OF mind and at church, he Is sought by
Christian, who is armed to the teeth in the deadli
est manner while Blackburn has arms aohaterer
They pass out OF the church into the Main street.
and go round into the cross street to the moi MT
where the tragedy took place.
MIR. Moore said he then came to point on which
ne confessed there was more discrepancy and con-
ict than he had ever known in the testimony OF any
He alluded to the conflicting testimony about
rencontre. The conflict was between most respec-
table witnesses. Yet that the misfortune OF the
| prisoner at the bar. The killing was established
and it could not be controverted that the law pre-
sumed all killing malicious, unless to be palliated
| by circumstances which the prisoner must prove
by conclusive testimony. The difficulties present.
ed by the conflicting testimony for the accused
The prisoner at the bar selected the opportunity and
| the weapons. He sought his own occasion when
| there was no ear to hear and eye to see. If
there was mystery thrown over the affair he was
the author OF it and he alone was responsible It
| was not for the Commonwealth to remove or solve
T.
The speaker here referred to the evidence of Mas
| sic and Benton Taylor to the beginning of the
| fght-the sounds of whip or other instrument
the scuffe-the appearance OF the bodies lying
upon the ground, in close embrace, with their
| heads towards the witnesses-ther rising and
one showing the other towards the hay scales,
where he fell: the active movement of one on
the pavement AMI his turning aud looking at the
fallen body. This one, SO turning, was recognised
by Benton Taylor as Christian and Mr.. Moore con-
sdered this turning of Christian and his momenta.
ry looking towards Blackburn, he lay motion
less on the ground, and he must have known dead
or seriously Injured utterly Inconsistent with his
Hotel thai did think he had