Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1854-05-11
Trial of Christian.
TO The Editors ofthe Enquirer:

4
LExmGToS, April 30, 1854.
A statement in your last paper hns met my eye
and as il is calculated b convey a very erro-
neous and unjust impression as to the division of
the jury in the Christian case, ! beg leave to
give you nm opportunity of correcting IT. When
the jury retired, and the vote was taken upon
the issue sent up in the record from the examl-
ming court, there was but one juror who voted IN
favor of capital conviction. Afterwards upon
consultation, the one referred 10, with eight 9th
ers, concluded to convict Of murder in the Sc
cond degree. but with the express intention of nc
comparing this verdict with recommendation
10 unconditional Executive pardon. The other
three members of the jury were III favor-two OF
entire aeqnltal and the third of imprisonment in
the county jail but the latter WINS willing. il
necessary, Ia acqnit entirely. Thus the praeti-
cal division of the jury was this nine III favor OF
Il verdict of murder in the second degree, with
recommendation To unconditional and Immediate
Executive clcmency three in favor of entire ac-
quittnl. These facts communicated to me
by several of the jurors of both grades of senti-
mcnt.
You have seen so much of the proceedings of
this trial that can scarcely venture to say
word more in relation TO it. unless it be as to one
or two incidents connected with the close of the
argument. Public expectation had been wrought
TO high pitch in anticipation OF the fual argu-
ment from chas. l.. Mosby Esq, of Lynchburg;
and great was the disappointment felt and ex-
pressed ON all sides, Mt the unfortunate illness
which prevented his appearance. Mr.. Mosby's
fame as an advocate and iurist had preceded
him. aud the remarkable ability displayed by him
in the searching cross examinations OF the dlfie-
rent witnesses, had given ample assurance that
the highest hopes of his client and friends, would
ba realized in oftho finest efforts Of his life.
But the length of the trial, joined to the oppres-
siye hcnt of the weather. acted upon his frame,
already cnfeebed by previous sickness, to such
an extent, that his physicians warned him, to at
tempt speech, would be to hazard his life
Judge Thompson who had visited Mr.. NJ, and
WINS acquainted with his condition, expressed in
court his great regret that "the accused should
lose the benefit OF the great experience, learning,
and oloquence of the counsel in whom he and his
friends had Justly placed their chief reliance and
declared the loss to the cause of the prisoner to
be such as could not be adequately supplied"
Upon being informed TINT our townsman, Judge
Jno. w. Brockenbrough would, in this extremi-
ty, appear in behalf of the accused, Judge
Thompson expressed his qualification at it, and
sa'd that there was no objection, legal, moral or
social to his doing So Judge Brockenbrough
then proceeded TO address the jury in a style of
argument and lofty eloquence such rs have ney.
or heard surpassed. After an absence of ten
years from the bar, Judge b. showed himself full
~ equal to the emergency, and whilst the close
ness and power his logic might well have been
expected from him. yet,in the other qualities and
graecs of tho orator he to emincnce
which delighted all, and especially those who
feared the effect of long disuse and absence from
forensic contests The large audience assem-
BLEED to hear him gave respectful but unequvo
cal indications of the impression produced by his
effort, upon both their judgments and feelings.
Trusting that you will find room in your col
umns for these hurried lines, remain yours &c.