Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1854-05-25

vas, 10 fact enrFrntly ramofen, hein me i.ns -
nrsl witness was eKamined, and eeio,e sne 80
mainly re.ied bpon By The Counsel fer ne accuses
II his deEencst al heen proved; that certain
named memberof the iuFyi wonia n-nz !. ~.
The rest would agree 10 = Eerdicf ii acquiital-
shaii make No attempt 70 account Tor tbs extfaef-
uinafy. bat notorious iaeti bit proceed y 49,
ciners. deserving The calm eons'aetano q 49,.
MAJ, who feels any interest ii The saieiy ana seoa
orseF Of so-ieiyI
The e;rcuuslance which struck rs as most e.
negkab'e in N. trial vas that the prisoner snoutus
~ etscf, have keen allowed not only 70 nase slssn
testimony in hisoTn behalf, without even 1ns s-ns-
lion Of an oaih bat TO give i nnder
which inpOsed naoa M iufr the necessity Of re-
eeiEisg h statements (inade after me &C. vas
done, ard when he was faily apprised o. ms Jan
ger a. frne ealess coafrsdicged 81 other evidence
or shown By circumstances = b. unworthy q etse-
IT. We fer 10 The taci Of the ifienes o. 'ne prs
onsr being intrhducei on he parg 81 the y oanon-
igeaiih 10 prove nj de laraliens, made az tue time,
and under lh= Circumstances lust referred 70. Ita1
4uch was The NECESSARY consequence 81 these VIII
nesses being intro need hF the Common eai.hs
vas, as We have understood, inumaied ~ me
Court in one 81 its instructions
Whether there Is Inevitable necessity, q m
Producing such testimony on ofhaf Of The Com
mon searh 10 criminal eases. We shall rot uoder-
lake 10 determine. We slpE OF 90 Leglslaiig en-
acim-nt OF rule of law however, which requires
ans hing Of the kint. And ne venture 10 atnfm'
mus be- niue tunes in len, = acq1il The accused,
however guilty he may Be. For il can scarcely be
questioned iut that ang sane man Will be able win
satiicit time 10 rgAect b Iaake up tale which,
II The jury are bound 10 take as true, must en-
sure his acQaiitai. on be xrunnd Of seldeience.
Whether the other testimony in the case, would
have .ihsa "a conviction OF not We shall not pre-
sumo 10 SAY but We thought then, and still think,
il was all The Common wealth ought ~ have intro
du ed. Had The testimony referted %. as iinpToP-
erly Introduced in our cpaiau) on The part ot the
Comm on sag NJ been Introduced tor he defence !,
the priso er's lecar us would hayeh had no more
weight fil ey could have been introduced al ala
Than they oug III 10 have had uncer the cffcumi
STANCES u the Gaze. Il is not cur purpose in these
remarks. "a cast eensurp on The Counsel Eho con-
Quoted The proSs9uiion, We doGhl not they took
the course which they thosgh,io be right ind prop
er. Oar on pirpose, is 10 point gu, what re-
gard a the almost inevitable effect OF the intro
dnciion OF such testimony on behalf OF the Com
mqnwealih.
Another CT rcams. ance ia this case, which seems
worths Of public attention, wa the fact, that no
Jess ilen six Lawyers appeared as the Counsel
a HIS accused. Oae 81 he consequences Of this,
which every ohefperceiyes, was. that the whole
unusually long serm OF lhe CoHft was coasamedin
tie trial not enby 70 III great detrnent OF an The
suitofs 10 the Gurt. but creating The necessity u
another person accused OF the same crime, remain
4 ing incarceratei WITHOUT atrial until The Sepiem-
Der ,e N Of the foaTt. Bat these are BY no means
the only, or The principal evils Of allowing per oas
accused @, Grim IS 70 engag as many Counsel as
1. thsy have The pfcunafy ability TO employ. II re-
/: qgires no exlra3r nay sagaeily enable one 70
Il perceive, that i,lmulipes the chances Of veal
E-+hy man being Able 10 paspone rial, until The
L Witnesses againSl him mag disappear, and ihsrs W
ensuTe his ultimate aeqlittal. The chances OF "a
trial eng defeated By he inability Of some one q
,lhe Jury, OF OF he C9uas- Oh the Court 10 EN-
dare spch hong corfnem nj would appear 10 be
more han equal Ap 1fenensians were entertained
during tAis frial laa Trial would be defeated
, twice, on accOnh, OF the sf.sness of Juror, ard
once on account OF The * ecied death 81 jurors
4 wife Auf oEaIut the Defendants Counsel was
prevented ~ illness iron speaking at the time he
was expected ,oIsgc tx. aHa another Gid not speak
al all and PERHAPS the infy would cot have had the
case submitted u h1h al an il be had notbeen ablt
I to procure a substitute. Unless some L, slative
pro-isinn is made to prev mi The employment of &
/ many CoanSel il wlDEs idle TO ak 81 there being
/ ahy equality between poor and wealthy man, al
/ 10 their responsibility Tor oh3ncss against society
/ and our county must bear he reproaeh, Of the pos
session ofsweallh being an ample security, agains
p1nishffit ni-ler public og.nees
/ Not the least curious circumstance IN this trial
was the Introduction On behalf Of the accused q
evidence in relation 10 an afrsy, which occurred
\ some va years ago between some Of the Cadet
and Cow-drover AL this evidence introduced
in violation If every principal df Law, and propri
etv and hnt partially gone into; furnished The on
| ly foundation ois most unjust imputaiinn agains
the de,ras (Mr@ b Of being OF an oyeihearina
ne acig Of Thai very case would 6ay
4 shewn i % be 80 had they been fully gone into
i But ihsFe was no part the testimony iptroduc
/ ed on the part q The Defendant which appears /
II " laHie 70 greater exec pion than thai ntrodue
i ed q prove remaFa aiieged 10 have b en- made 81
4 Miss a 20 Mr.. Christian and overheard by III
witness who was rot engaged in The G nyersarion
4 The substance oiths femark was thar she remind
+ e,tAlr q. Of his engagement 10 accompany her i
/ Churh
] The first question which cecurs Ia ne pi,J i
/ wheilet the witness could consistently with IN,
! rulesof etiquette and preprisly which prevail il
Tespeei4oie societg repeal remark overheard an
/ ar SUE circumstances, whout the consent OF tht
IartY aieSed to have male II, and without any on
/ PoHunilF si.en n expilin or deny. BUT NOR,
4 material inquiry ~ was such remark ever made
/ AID We are asiiiisd 40 saving on the best author
i iy that u tras Ept and that nothing Of the Kin,
s ever occurred Nor was there the Least foun5aiior
for the Rretence olMr. c having been upon term,
Of intimate frieadship ar Acquaintance with her,
SUNLESS was there sha 10y % found alton in truta
iof pretending hat she even sought tg4ncourags
OF desirhd his attentions
The facts OF the case, as TO their acquaintance
and her having consented that he might accom- pa.
I py her p Church. are simply these:
She never spoke 10 him bat ON two occasions in
ner rs. rs procured an Introduction to her at a
party al Mar Whie's aud in the course OF Inc even
ing, asked he's permission TO accompany her "a
Church a few days afterwards: 10 which sbe a.
senish On her Iftufn home that night she told
hei Aunt mat she regretted she had done so. She
tald she had gwen her because he had been
IN reduced 10 her hY gentleraan--and she COP Ia
MOI we as an excuse Tor refusing 10 lei Kim az.
conn any ner, any previous engageinent-and that
she had seen o.nipg ext ep,ionable in his depot
ment m 10 ibat 'tne oulJrom hat afterwards oe
CURED She had de- 'eTmiued not to 60 with him 70
Church il she could 7oid It, The next, aud only
L..
ether time PIE ever spoke @ her was at the Epis-
eopal lair, where his AT ,uiiO were Annoying to
her, and her prev ions purpose II declining TO let
him accompany her TO Church. We e confirmed
She had mo cover, ascertained onwha. she regard
ed as satisfactory evidence that he was an object
OF ridieule 10 some Of his acquaintahces al that
ior some Feasoa, bis sorieiy was begin mig 10 be
Stunned by most Of the ladies' o. the Town.
We have reason 10 believe fhai.shs b.d Il, ina
items from al least two other persons similar 10
given BY Mr. B. as 70 rs Standing in I.eYin9,a,
before that given by Mr.. b. and We knovy tIs, ~
note written to Mr. c., declining 10 aceoTonsn,,
him e Church was written with the kaovleSsre II
her peels and The ProPFisty Of her doing s. was
lad Mr. B. known all the facts Of tba 80. /.
probably would not have taken the course which Re
did; u7der the influence Of those high nohis snd.
chivarous feelings. BY which lis co59ncf rss a.
taated and his iamiiy and friends would have been
spared the inaiclion Of Hb;eh
has overwhelmed them with grief -"'en
If The Uncle If Miss A. had knovn a. -. -.
Of Mr.. c. TO her before il was s-en he VI
would have handed il back 10 Mr. n s.a,a e rs
probably, with decided expression ~ ~
.pfohalien o. lis having been written 1'saP-
ID reference TO the assaults ma Is on 81 60
,f9r his agency 10 employing counsel 10 80 g ~
We shall merely repaTk IL, - ~
i6lenily believe that his eourse mas ~ ~
fisea appioo.non o. every unnrejndiced mind, 10
Sa.en Ine sae.s a. pfssenied IL their true colofs.
diately aifer the act was done esree;s,,s
She cadets most Of whom were there1 ;ssa,,',ah