The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1854-04-25

| protect the innocent In this case c. had mad,
himself a moving magazine before he went into tn
afray. He had with him pistols, bowie knife ans
stick, and this case differs widely from the case
read by Mr.: Stuart Mr.. Stuart's case were wher,
the party killed was the assauitng party, or made
new assault sometime after being assaulted, and
| where the party killed was possessed OF great
er physical power than the other, and had warning
not to come to the assault before the fatal blows
were given The law of self defence being as well
defined by judicial decisions fully settled a. any
other law the jury are bound to execute IL Just as
they are bound to execute any other law and It is
their sworn duty
Mr.. M. then went into review of the evidence
and OF tho circumstances Of Mr.. C.s acquaintance
and intercourse of Miss A. Mr. B. did not occupy
me relation Of lover to Miss A., but that OF more
olsnteiesfed one, of sister intimate friend
lna who feit bound to attend to ber reputation and
character Mr. C. becoming acquainted with Miss Al
eburch .bs .ns1sed nsr company to 90 with him to
with him. and of this C. had no ground of comnaint
she was merely casual acquaintantance Of his and
no intimacy had grown up between them He then
bad right to take it for granted that he had been
slandered by receiving Miss AS note simply decli.
ming to 60 with him to church.
c. then sits down and writes his note tn M;.,
demanding the name of his cslumniator. This IL =
most remarkable letter written to young lady stil
in her teens. He addresses her an old acaua;n.
tance, and shows that II any one advises her net TO
accompany him to church, he calls him a slonderey
and ealunniator It has been urged here that thi.
letter was written in confidence and even if seen by
Mr.. b., that he should have taken ne notice of it,
No such confidence ever intended. If it was in
tended to be concealed from all the rest Of the
own friends it would be alluring her from them and
attaching her to him. Mr. certainly could not
have intended this, nor for her to have concealed
from her friends such thing and been bound to give
their names to him MIR. NJ. here read the letter of
c. to Miss A. MIR. B. had elven Miss A. this advice
on the recommends of his intimate friend MI
Humes, and on whom he could rely. Then MI b.
was bound to give Miss A. the advice about Mr. c.
and wss not to blame in the matter And it does not
har ayuh hat MI said f,A NJ
seems that Mrs Samuel Med. Moore in spirit of
mirth and merriment, advised Miss A. to show this
was letter talking of blood and thunder and con-
tanned sentiments of love, and Latin ouotatops II
was proper subject for merriment ana rdlcule B,
seeing that he had been overwhelmed with abuse,
because he had ventured to give advice to his con.
sin, he makes declarations of yepseance or of re
tribution but left smiling prevent the ladies from
seeing that he felt that be was deeply wronsed Nv
the denunciations of Co. and intended to take no no.
tice of it. But after leaving he asked his friend MI
Bruce, his advice in the matter, aud Mr. Bruce tells
him that he ought to see Mr.. G. about it, He then
consults Cadets Humes and Herner, and they also
Mr.. IS motive a noble and disinterested one
He had been denounced as calumniator and as a
base and envious fellow By the ''code of honor, y
tify B. in telling Mr.. c. that he the person slu-
ded to- but in requiring Mr. c. to retract it, This he
did not do-he showed great moderation. If g. had
thought that he had said of Mr. c. what he could not
sustain and thus again produce intimacy between
C.dL
interview, had honored him by going to tell him
what he had said of him; that if it not correct
he could correct it and c. himself seems to have
considered it. for he says that if that your mo-
tive, honor you for your noble principles
The Court tnen adjourned until o'clock to-mor-
row, when Mr. Niche will continue his argument
for the Commonwealth.
EIGHTH DAY.
FRIDAY, April 2lst, 1854.
Court met at 9 1.2 o'clock, and Thomas J. Niche
o.1o1 NTH hiS for tko
wealth. crowd OF ladies occupied the bench.
After expressing his regrets to the jury for detai
ing them 80 long with argument, said that the i'm
portance OF the case and his position required that
he should detain them again for brief space He
insisted that the positions taken by the very able
counsel for the defence did not mitigate but in
creased the guilt OF the prisoner They only show
ed the existence of malice at least such state
of facts from which malice must be inevitably
shown, and that they show premeditation from the
fact of c. preparing himself with deadly wenpons
No insult or aggravation on the part of B. could
Justify the course of c. He appeared here on be-
half of the dead, OF him whose voice was hushed
and whose lips were sealed He appeared to vim
dicate his honor and his character which we're as
dear and much cherished by his friends as those
of the prisoner. The vindicaton of D. g honor and
character was not different cause from the one
here before the Jury 1t was the same, and ndisso.
lubly linked with the cause of the prisoner, and
properly to be discussed in connection with it and
in vindicating that honor and that character, to
show the guilt of the prisoner by the rare argument
that acquitted the conduct of B.
He referred to the letter of C. to Miss A. to show
his hostile purpose in even boasng in his note that
he would bring the offender to justice believed
that there was danger of his interview bringing
| a difficulty and he boasted not of any vengeance
that he was seeking. This course shows his gener.
ous disposition, and brave spirit and that by wish
ing to do an act of justice and generosity to c. he
comes with courteous manner and open de-
meanor, and tells c. that he had seen his note to
Miss A. and it occurring to him that Mr. C. would
like to know the ground upon which he acted in ad-
vising Miss A. not to go with him to church. he in
the mildest terms that he could use told him. that
although he knew nothing of him personally, he
had heard that his standing among the ladies ot
Lexington was such that he did not think it proper
for his cousin to keep his company In making this
communication to C. he did it quietly gentlemany,
and in a more respectful manner than the conduct
of c. deserved. It's impossible that B. could have
told c. that his character was infamous, for il ID
proved that c. remarked to him that 'if that was
your motive honor you for your noble principles
Mr. B. then gave him polite ''good morning" and
| left Thus acting courteously to c. throughout
| though C. had demanded his name from lady, and
declared that he would bring him to Justice c. did
| not then insult B. or demand an apology, though b
| was before him unarmcd. In no boastful manner
| B. remarked to his friends on returning to them
that sit resulted just as he expected. and that
| had not courage to strike child" b. must then
have reported the result of the interview as 1t oc
CURED, and if c. was injured in the matter, he had
injured himself Hehad by his own course brought
| it on him. b. made no boast OF the result OF the
interview-he merely mentioned 1t to his most init
| mate friends who knew of the affair.
How did C. conduct himself after this interview!
did he report to his friends the actual result of thai
| interyiewi If he had done so his friends would
have declined any advice in the matter. But ne
tells them that he was inundated and that b. ne
believed, was armed He was asked why ne dio
| not strike T. at the moment, he SAID tnat ne
thought there was combination among the Caaess,
| TO beat him that one Of them had GOT ms s.lsx
/ from him. II has been proved here that D. wa HOE
armed and that there was no reason 20 peiiess
| that he was armed There was regulauon "
| the v M. l. against carrying concealed weapons,
and that it was proved that the Cadets maae d..
| a noint of honor to observe this reguiahon. pal
r. = counsel had referred to the Cadets having
| combined, and having beat cow,drover.
| cow.droyer had abused young Cadet, mere
hov Who came to the v. NJ. ]. crying. ana tnat
some Cadets had pursued him and taken .hat justice
| wh;rb the heartiess drover denied to the boy. 1t
:, -. certainIy an act OF much asgravation than
| r hsd received The Cadet who had taken c.
s,;cI merely took IL to look at II, and knew mo-
thinr Of B coming there to see G. about dim.
s,,ItS md that Cadet and another proved that the
s,;cd had been given back TO c. before called
MIN out of the bar-room. HC. bad told B.. that
| !. he would see him again" he could not have