Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1854-05-16
TRT4f, OF CHRISTIAN.
LEx1xGrov, April %, 1854.

Mountaineering argument in the Christian
| trial. which closed on Tuesday evening, 25th
instant The Commonwealth was represented
bv Can't. d. Z. Moore and I. j. Niche, Esd,
! G. L. Mosby. Hon. A. II. II. Stuart, ]. s. Dor
! man, r. L. DOYLE, S. ii. Letchcr and j. Ster-
ritt conduct tie defence. As might have beer!
! anticipated from the eminent counsel employ
/ ed, the argument was in the highest degree
! exciting and characterized by consummate skill
and eoquence. The necessity, owing to an
unexpected turn in the testimony, that forced
the prosecution to change their position, called
forth the energies of both parties to meet tho
emergency: However, It was not necessary Tor
the defence to change theirs very materially.
This necessity will be better H4deSstood by fur
ther explanation. IN the opening OF the pros
ccuticn, one of the leading points was to show
that the wound in the neck was Inflicted at tho
instant the first witness for the CoTnShonwcalth
saw Christian push Blackburn from him, after
they had risen from the ground: To do this
phvsici: rs wc-e called IN to pT5fe mat tins
would have been instautaneousty fatal; and
that, had il been inflicted while the parties
were Down, B. conlG, never haze !isefl.;; bItthe
preponderance of sheir testimony Tent toshow
that he could have risaA and would have done
so involuhtarily:. But at . late state of the
evidence. several witnesses testified to seeing
third POOL Of blood near where the conflict be-
gan: the prosecutors then shifted their posi-
ton, and tried to show that the fight began
with the knife. and that the wound in the neck
was the first that was given, since little or no
blood coula have possibly reached the ground
from one of the other wounds. Had tins been
established the strong presumption would havo
been that 9. wentupun the ground resolved to use
his weapons. This enabled the defence TO avail
themselves Of the Commonwealth's medical
testimony, to show the physical imPosslbility
of the struggle heard by their witnesses. But
with great skill. and convincing argument, Mr..
Niche showed, from the prisoners own narra-
tive, that the plea of seIt-detcnce could not bo
sustained. thus battling the efforts made to sus-
tain plea of sclfdefcnce based upon the pri-
soner's statement, and the natAre Of the con-
fict.
On the evening of the 18th instant, the ar
gumcnt was opened by Capt. Moore. largo
audience was present eager to hear every word.
The case was opened with much ability and
candor. Capt. Moore approached the duty IN
voving upon him with very appropriate ex-
preston cf his sekSe Of the responsibility rest
ing upot him. While he applied the rigor OF
the law in testing the merits of the case, Yet
he failed not TO give the accused what was
justly his due.
The argument on the part Of the defence was
opcued on the following morning, by ]. B-
Dorman, Esq. His speech, six hours long,
evinced talent Of high order and great versa
tiIty; the large audience present listened
with undated attention. The po-
sitions he sought were that G. was grossly
injured man, and that from first to lasthe act
ed upon the defensive. consequently the act OF
killing itself was one OF sc't-deience.
argument on Tuesday morning in speech Of
Great beauty and power. The tSOts of the case
were lucidly laid OPEN the positions he took
were the same in substance as those Of the pre-
cedino speaker: In the course Of his remarks
he made touching allusion 10 the distress Of
the friends of Blackburn, saying he would not
conceal tl.o melancholy fact that desolation
and woe had befallen a household Yet no
would give them rs his advice, the words of
Holy Writ: Vengeance is mine will repay
saith the Lord - that he would morever advise
them not to look downwards for consolation in
revenge, but upwards to Him who alone has
power to heal and bind up the broken hearted.
His closing appeal was truly pathetic. Point
ing to the youthful prisoner at the Bar, who
is just 70 years Of age, he said: Gentlemen of
the Jury, remember, when, in your retirement,
this youthful prisoner deprived at an early ago
of a fathers fostering care, has been immured
in the cold walls Of the prison, deprived Of
any kind attentions; except the occasional visit
of his mother and sisters-dcpriyed of the
pure light of Heaven, unless chcckered bY
the bars of his prison Remember his wild
owed mother and sisters. who are just blush
ing into wotnanhood Like the widow Of
Main, she weeps because her only son is dead
to her, moved by like emotion that moved
the Compassionate Son Of God; commission
me as messenger to bear the tidings to her,
50 thy son that was dead is alive, thy son that
was Il prisoner is free r One of the most re-
markahle Characteristics of the orator, is that
the most sublime and impressive fight Of his
elodnence, derive their beauty and power from
inspiration. His power of repeating inspired
quotations, and applying scripture illustrations,
is really extraordinary. One invoIunta1iy re
gret6, he did not sec his way clear, to conse-
crate Si6 brilliant talents to adorn that Holy
Religion of which he can speak SO beautifully
u He e. was succeeded by f. j. Niche, Esq, in
behalf of the Commons ealth, in a speech nine
hours long He seemed deeply impressed
with a set,se oF the soIemnity Of tie position
he occupied, and feeliugly dis4laithed all in
tention Of doing anything mora than what
his duty imperiously demanded
But there 1weTe something IN the tWlhRIe Oh
his eye that BODIED 20 good to the prisoner at
During the examination IF The witnesses
he asked but few questions, some of them
seemed irrelevant, and during the examination
and the preceding argument, an occasional
smile would play oTer his features; now and
then a sardonic grit would succeed long in
terval Of vacant abstraction in which he
seemed entirely Unconscious Of all that was
passing; tut the issue showed that ne WAS all
the while elucidating the principles involved
in the case, arranging the plan of prosecutions
and selecting burning epithets TO lash the cul-
prit, and steal the hearts of the jurors and
cornmuning with the shade of the murdered
Blackburn,
His mighty intellect was aroused By the e1-
igeheies Of the case, and his effort was worthy
Of the man.
Judge Broekenbrough was introduced to the
Court, and, with his hsnof's permission. pre-