Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1854-05-04

/ through false sense OF JusbeF. - I..:
,arranted in his CONCLUSION that comblhalioh
80 forned AGAINST him. and were Dragging that
they had put him down anu "ei'
r went 10 the Church, Il only place that he
+ l5 moot with h. and there seeing b. pass ana
his lips curl with contempt and reproaen upon
him. asked him olt. and required nm 10 give LIN
an explanation for his conduct to""rus mn. -
sbould not have gone TO church at night Tor Inc
nnrnose of having an interview with Il. 1t was
an ;nnroper time and place, and was the cause Oh
the preat public Indignation at the tiihe "nich
oa,,sed ali m style the act which followed from
i a ..blaek assassination" If c. had held his
interview with b. in broad day hgn' anu u, a
rroner Mace he would have been JUSTIFIED by lhhl
very community which has condemned bun. IL
would have been at least considered case Oh eA-
cnsable homicide II was the combination that
] ( nroncrIv considered as formed against nun,
that induced him to arm himself az he did before
he went to hold his interview vito Is. lie theh
took up arms against bis oppressors Every one
will admit that c. must, under these cIcuhls'hh-
ees. do something. Three persons had come to-
oether TO the interview at the passage OF the lo-
/ tel to intimidate him. and cause him to COVER be-
/ fore them Ii is insisted by the Prosecution
that &. should have challenged b. rather than go
into the matter as he did. 1t is strange that be-
cause c. did not do what they think he should
/ have done (send challenge whlchls tself II ieio-
uV,1 under the circumstances Hlust pt ooh'
uf murder. All Cs. companions insisted aud I'D
vsed him that he should do something. lie was
then bound to do something. The very persons
who now condemn him as n murderer would
have scoffed him and treated him as bhghted
and blasted thing, if he had patiently borne his
insults. | then demand his acqulttal III the
name of that law whose home is in the bosom OF
his God, and whose voice is the universal harmo
ny of nature. lie then was bound to do some
thing, and be demanded an apology, aud Is. re-
fused it, and when told of his conduct attacked
the victim of all his abuse.
Judge b. then referred to the good character
sustained by the prisoner, by his respectable
neighbors, who had come here to testify to his
excellent character and innocent and amiable life
If B. had been that high soued chivalrous man
that is claimed for him here, and been actuated
by that spirit at the time, he was bound to have
made an explanation to c. of his course and de
clared to him that his intentions were not to in
iure him, and that he would try to release him
from the mputations which he was forced to bear.
b. refused all this, and was determined to rlyet
this degraded character upon him, from the cir
cumstances proved in this cause.
Judge b. then went into an argument IN rela-
ton to the position of the parties when the fatal
wound was inflicted and in relation to the test
mony proving three pools of blood; and to the
theories set up by the Commemorative counsel
in relation to the same
Judge b. then referred to the fact that he had
not heard the evidence with the intention OF an
argument of the cause, YET his great interest IN
the matter caused him to remember every mate
rial circumstance. His love and regard for the
unfortunate boy now upon trial for his life, (Mr
c. had been member If the Judges law class,)
had caused him to remember it, and to use eve
ry exertion to save his life. He referred TO b.
having c. down upon the ground choking him to
death, and that in the agonies of losing his own
life, had inflicted the unfortunate wound that re-
suited in the death of b. 1t had been even pre-
tended here by the private prosecutor, that these
marks had been made npon {. as ground for
defence. Judge b. declared that he would not
occupy the position here of his enforcing a con-
victon of the prisoner, by such arguments, TOR
all the wealth of the world and that no consid-
Grafton could induce him TO take upon himself "a
responsibility so weighty to his soul.
The Court adjourned two hours for dinner
| hear it suggested on the streets that it is ru-
mored that it was a stratagem between Mr.. MOS
by and my self for him to pretend to be sick, and
to enlist the sympathes of the jury by that means
in the prisoners behalf and then ! would take
his place mere. This is but the malgnlty OF Sian
der, and appear here through necessity alone,
TN TO attempt to supply the place OF that gentle
man, and did not know that | would be under
the necessity of arguing this cause until an hour
before came here. had n suggestion ON last
evening that Mr. Nj. would likely be unable to
proceed, and that gentleman's physician assured
me this morning, that Mr.. Nosby would be unable
to be here, and that it would be even dangerous
for him to come.
Judge b. then argued upon the circumstances
that led to the tragica affair. lie pointed out the
course of the parties after they left the vestibule
of the church That c. after getting off the street
demanded from b. an explanation. b. refused to
give t,and thus refusing to do the last act of JUS
tee to the prisoner. would make repafation
for the injury he had done. c. then told him that
''he had acted ungentlemanly." b. told him mot
to repeat it." c. said you know that it is true
b. seized him and threw him down, and was cho-
! king him to death when c. drew the knife and
made the fatal stab.
Judge b. again here referred to Col Smiths
taking the responsibility" of divertng the funds
of the V. NJ. l. to the prosecution of this "boy,''
| that it was amonsrous error in Col. Smith to di-
vert those funds to seek the blood of this injured
and unfortunate young man, and insisted with
great vehemence that it would meet the condemna-
ton of all well thinking men. They wanted moth
ing less than the blood of c., or they never would
have been eager in diyertng those funds to a
! prosecution.
Judge b. then went into the argument of the
law of self defence, and referred to some au-
thorites to sustain his position.
Justifable 'self defence" is where party is in
great danger or apprehension of great immediate
personal harm; and lift is necessary to his own
protection, to advance and kill his adversary, he
may do So He referred to the case of Selfridge
! tried III Boston some years since for killing Aus
tin. This case referred to by several of
the Counsel as expoundng accurately thel law of
''sef defence" If the law is correctly stated by
the Judge in the trial of Selfridge, then the jury
must acQuit the prisoner in this case Nearly all