The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1854-04-24
In the Circuit Superior Court of Rockbridee
County.
JUDGE LUCAs'P. THOMPSON, Presiding.
"WEDNESDAY, April 10th, 1854.
SIXTH DAY.

- ~'' 80 '@teo''f WIN "oo " nave du-
dressed the Jury to-day on behalf of the prisoner,
being indisposed, James B. Dorman, Esq, this
morning opened the argument in favor OF the
prisoner.
After referring to the deep obligation imposed
upon the Jury in their position to the prisoner and
to the high sense of duty devolving upon the pri.
soner's counsel, he proceeded to open the case
lie then spoke of the deep excitement produced in
this community by the tragic scene and referred to
the foregone conclusion at once formed against
the prisoner before be had had trial He called
upon the Jury and warned them in a forcble man
ner, of their duty in dscarding from their minds
all outside influences against the prisoner, and to
contne their minds to serious consideration of
the evidence and the circumstances proved in con.
nection with the cause He then stated the grave
charge against the prisoner as stated in the lndict
ment, and pointed out the different degrees of mur
der according to our statute, and referred to the
fact that malice indispensable ingredient in
such crime, and that the counsel for the Com.
monweah contended that there was cypress ma
lice in the case. He here read some authorities to
sustain his positions, and to show that malice is
not to be presumed, but that its absence is to be
presumed unless it must be inferred inevitably from
the circumstances proved. He agreed with Capt
Moore's position, in relation to justifable or excu-
sable homicide-such as where the person killing
was in imminent danger of losing his life of great
bodily harm.
He then stated proposition 1st, that the prisoner
was grievously wronged by Mr.. B. and end, that
IN seeking redress for his wrongs he has acted with
great forbearance, and has acted throughout on
the defensive although he has been sineulary un
fortunate He then referred to the circumstances
before the rencounter, and Mr.. C.'s having been
sent to Lexington as law student; that he had
always sustained the character of gentleman and
acted as gentleman. He had, il is true, some of
the irivolities of youth but was temperate in his
habite, and was received into the best company
Yet simply because he wore moustache he was
treated with Indifference, and in danger of be-
1Ino c1III nnt tln ay,d IS
community. He becomes acquainted with beau
t1tul and attractive young lady, who receives his
attentions with appreciation and encouragement and
actually reminding him of his engagement to ac-
company her to church, showed that she entertain
ed for him high regard Thus encouraged and
smiled upon by the fair one he had even expressed
to Mr.. Strayer his intention of addressing Miss A.
Mr.. Humes Is then struck with Mr.. C.'s attentions
to Miss A. and informs Mr.. B., her distant cousin,
that Mr.. c. was not a proper person for her
to associate with, and that B. should tell Miss
A. OF this B. then informs Miss A. of this,
and advises her to break off her engagement to
accompany C.. to church. B. gives the advice
and Miss A. sends Mr. c. card declining to
90 with him to church He still entertaining high
respect for her, called at Mr.. Moores to see ber,
and learn the cause of her treating him so. She
refused to see him, and his failure see her was
publicly talked of at Mr. Moores that night He
then wrote her respectful and complimentary
note. which Mr.. B. here read to the Jury. This
note, although written to Miss A. in confidence and
handed to Mr.. B. and read by him, laughing at the
end of each sentence, in the presence of Mr. Bruce
and Mrs Moore, and was brought into the room at
tae request ofMrs. Moore, being something rich
The Latin quotation meaning, farewell, farewell,
most beautiful maiden last FAREWELL" was re-
peated in the to Mr. Bruce, although the letter
contained request to Miss A. to give him the name
of C.s calumniator, or return the note to him
through box l0l, and thus close the sad drama for
ever. Was it right that C. should be thus
treated, sandered, laughed at, and his request to
know who did it, treated with scorni Mr.. C.
as much of gentleman as any of his calumnators,
and Mr.. Humes says that he was a gentleman, but
from rumor in the community about him. and
because some ofthe young ladies had sighted him,
he was not proper person to accompany Miss A.
to church. Mr.. B. in undertaking to notice anything
in that letter. was acting ungentlemanly himself
et he thought that he was acting most honorably.
He was mistaken in his sense of duty when he no.
;iced note written to Miss A. in confidence, and
which he had no right to see No doubt B. was
brave and chiyalrous yet, he had no right to
to Mr.. C. and tell him that he was the calumniator
He felt that he should be indignant that he was
styled calumnator in confidential note. by Mr..
c. when Mr. c. did not know that the per-
referred to in the note B. had looked for cadets
Hunes and Horner, two stalwart fellows, to accom-
pany him to Lexington, where Mr.. B. could tell G..
he is the calumniator Horner expected fight. and
that the only drawback from the fight would be the
difficulty OF convincing G that he had been insuted
Thus showing that was slow to anger, and would
notfght without good reason. Mr.. D here repeated
the evidence and the circumstances of the inter-
view in the passage ofthe hotel and that c. had ev
cry reason there to suppose that B. was armed
He insisted that it was first principle among gen.
tlcmea, and also among Christians to do no any
wifu wrong;and that had departed from this prin-
cipe, not only in making him mark for the finger
OF scorn, but in afterwards saying, thatit just
as expected, he has not courage enough to strike
a child, and that he took pity on him." Mr.. G.. be-
ing embarrassed and taken by surprise at this in
terview, merely told Mr.. B. that he would see him
again, and in the mean time consulted his friends
B. went to c. as cadet dumes says, for the purpose
of silencng him, and preventing him from making
the affair with Miss subject of town gossip
They well knew that was too much of gentle
to be talking in that way about lady, though
she had mareated him, and confidence had been
violated. Mr.. G. having no remedy at law to stop
these ISLANDERS against him, and the personal insults
making him the scorn and contempt OF the commu-
nifty, was he the only male person of his family
who had rot only his own name to uphold, but that
of his widowed mother and sisters-to do nothing
and suffer this thing to go on3 He, that would not
do it, has neither the faith of religion the dignity
OF honor. Mr.. Niche is here to defend the char
acter of Mr.. B. showing the importance of defend.
ing character. State Institution, and the friends
of the deceased have united to employ counsel to
defend the reputation of B. Then | think my
fret proposition has been established, and will
pass to the second. c had no relatives and friends
here but he went to the two Oldest and most relia-
bic members Of the law class, although he WAS
more intimate with others, for advice. He makes
no noise about the matter but asks them if they had
heard it, and then tells them OF the interview, and
that he had no acquaintance with b.
C's subsequent acts should be interpreted by his
previous conduct and declarations, which show
great moderation. Being doubtful whether B. in
tended to be responsible for the report itself or
merely for telling it Miss A. he thought it
sary to demand an explanation. Being immediate
ly responsible the laws of the country, he sent
a challenge and seeing that it would amount to
nothing as it was likely that B. would not leave the
Institute and thinking that B. armed at the in
terview, C. armed himself to meet any contingency
that might arise.
He contended that C.'s having the weapons was
not a conclusive presumption that he intended to
commit crime. He read from Bowers Law Die
tionary the meaning of the word preaaeditation. c.
carried them to be prepared protect himself from
numbers that might combine against him. Being
quite young, and having seen b., as he believed at
the interview, armed, he was under approximations
for his personal safety and that he carried the
pons for selfdeience, and that he never breathcd
the feeling of revenge and malice.
After revealing what he did, with much candor to
his companions il he had concealed the secret pur-
pose OF numbering B. he cannot be youth OF 16,
but "deyil incarnate." He must merely have in
tended to demand of B. personal explanation, and
A. .1.x sr. - IIa pa