Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1854-04-22
RICHMOND wHIG.
lRrroErKD FOR THE wHro.l
TRIAL OF CHARLES b. CHRISTIAN
TUESDAY, April Is, 1884.
FIyTH Day
Evidence for the Prisoner continued.


/ Evidence for the Prisoner continued
J. w. MASSIE, (again caled,l stated tba.-1b.v
amined the ground snce examined on yes,erdsv -
mined the distances. tape line drawn from IN.
mouse to the second pool near McCelands pave
latter line was feet long. and the former "a Q fss,
ihe third pool Of blood described by the Witnesses Who
SAID they saw il and Of whom were tbi, nornn, On
the ground with me, about l2 Seet from The si
towards the engine house. From the pool vber. NJ
nna e to this third pool was about is feet and from
.ne pool where Mr.. B. finally fell the second poo
heCleland's pavement was about 20 feet
"Eo. JUNkIN, ID. d. went to the ground vrbs,s
he murder was committed three occasions to euamine
he souud and see where the conflict had taken nl.ce
anu where Mr. b. lay. travelled III. ground IN and
mo ana carefully examined It, two pools only
ne one AZ The corner Of the scales Main stfee.
anu he other near hcCielands pavement described as
tne second pool walked all the ground and did
not see the pool described the third There was NO,
square yard OF the ground that did not pass over NV t
visit wasabout o'clock Monday morning tr;sd ~.
tracks to lind out where the conflict began wen, 10
ne institute on the night OF the murder aud saw the BODY
ooouy ana the wounds saw the body while there and
was present when the Physicians were examinnp ,h.
wounds Tor the Coroners Jury Ny second visit to the
GROUND vas on FRIDAY morning. then examined the
grounu very minutey, after had heard nearly all the
evidence before the Coroners jury paced the cronrd
AZ over s'ooping down to examine for specks of blood
were no spots Of blood visible my eye except in
the ddie oil the street There some spots of blood
near the pool next TO AcCelands pavement Uftbere
as sny other 1t was certainly covered up examined
the ground carefully between the scales and tho
gne house, and discovered blood there examined
II mhutely with my beat down 90 Thursday or Fr;I,v
made the third examination Where the witnesses have
described the third pool, and was with them on The
ground this morning examined, as stated above very
m'nutey and II there blood there il must have
been covered up. pool such they described, 1
could have easily aistauce of ffty 6.er go m
well as most persons Finding no blood between the sc,s
and the cngnc house, my theory confirmed ba, Mr.
was down under Mr. b. the place the pool next 10
hcted. "'te II"
DR.. j. r. JORDAN, (who examined by Common
wealth counsel IL have always thought that the wound
IN the back and also the Others were given while Mr. q
was down and Mr. b. top of him. On Monday morn
ing after the killing and examined the proupd -
examined the ground looked over it while
standing on the upper end OF the hay scales l
could have seen the two first pools 40 feet off
tnnk 1t very strange that did the third pool If
IL there. r
DR.. II. G. DAVIDSON, (who was examined h, c,,,.
monwealths CounseD-I the ground the night of
the killing Persons hunting about over the popnd
ana "hi'e mere the stick was found the engine
mousse being choked and the breathing partly
obsitucted would produce great uueasiness and
henson IL parties were lying close embraced as dcscr
bed in this case the one over could NOT pss HE LI
force in choking The other.
THOMAS L. PERRY (Jailor)-I was in the room fix.
ing ioF hr. T. when he was brought in. He seemed ex
cited and exhausted and said that his throat felt vsrv
badly, and he spit blood three times against The
WALL got him some water. still seemed re,tless-
lie was ceanly washed. saw a scratch on his left law
bone There were some small scratches OH hs neck an
one bruise large five cent piece coae under m.
Jaw His hair was bloody and looked like it was sandy
Mr. MOTIFS stald IN the room with him all NIGHT
Col p Ii. SMITH then stated that he had entered the
liii nj nlght after Mr. c. put in jail Mr. c. knowing
the relation that occupied to Mr. came up and shons
hands with me, and said, ~ had rather thai had died
JAMES C. DAVIS Ia law studentl- saw two or three
marks on one side OF Mr. Cs face after he was put in
Ji and some marks just under the awbone. On Tues
day afterwards still these marks on Mr. Cs face
did not examine his neck
Col. WIN DlLLARD.-I reside and have resided evar
since my birth in Amherst Co live l2 miles from NJ
yerv intim IN,
ana have known him from his childhood yr C. bs. al
ways sustained good character for integrity and as
peaceabe, orderly young have always considered
him warm hearted, generous young man.
Col. TERRY DILLARD.-I have known and been very
intimate with Mr. T. for ten years. His character very
good Neither myself nor Col William billiard are rea-
ted to Mr. G. considered Mr.. C. as a warm hearted
generous young man. His family and connections are of
high respectahiity.
Mr.. SAMUEL wALKER-I have known Mr. G. du,.
ing his whole life Until 1850 lived IL miles from him
IN Appomattox, but had n farm where Mr. c. lived
aud was intimate with the family have always regar-
ded Mr.. e. as peaceable, hearted and peneIon,
young man. Since 1850 | have lived in his immediate
neghborhood His associations we're as good as those of
any in that neghborhood He was one year at school
in Richmond, and afterwards spent some time studying
law with Terry billiard, Esq.
DIR. hEGGlNSON.-I have known Mr. c. since IsaG 7
have had good opportunities of knowing his general cha
racter, being his mothers family physician He has al
ways supported very good character His conduct and
associations were always those Of gentleman He has
been kind and afiectionate son TO his motbar Us r.
her died some years since.
The prisoners counsel then stated that they had other
witnesses summoned from Amherst but they not being
here the testimony through for the prisoner when
the counsel offered TO introduce evidence
again in relation to the third pool OF blood This was
objected to by the prisoners counseThe Court refused
to admit this evidence, the ground that IL was evil
dence in chief
The evidence being concluded by both parties
Capt ID. t. MOORE, Commonwealth Attorney opened
the cause 10 the jury behalf of the Commonwealth
Aer remaikng the serious obligations of the urots
TO the prisoter and the Common he then sta
ted the charge preferred agans. the prisoner He then
eIpounded the law to the jury and pointed out the diff
erent grades OF murder and their prominent Characters
tcs, aud the lnges made in the Common Law by thu
Statutes OF this State. lie then read the statutory provis
ions the subject OF murder from the Code Of Virginia h
then pointed out and eIpounded the different
that it necessary for the Commons es lth 10 establish
-hrst, the killing and secondly, the guilty agent The
first he alleged had been established beyond all controversy
lie then stated that where there killing established
aud the guilty agent shown conclusvey in
the eye the law that done with alice The nltv
agent being established by updoubed proof the aborpg
oar was with the prisoner show that there was ma
lice, or that there justification Provooaton would
not amount to Justification even, reduce IL to murder
in the second degree unless that proyocAon was so re-
cent that the prisoner acting under 1t when the decd
committed, and unless Of such a degree as TO
make the prisoner under such influence as 10 be
deaf TO the voice Of And II he acted under a
slight provOcatou il amounts justification and un-
less the provocstion be recent, II amounts usdca.
ton He contended that in matters oa criminal nature
and in ise, oil Others all persons presumed Aave
Intended 10 do Whatever Is the natural and inevi-
table consequence OF their owh acts He then read
from a number Of authors on the criminal law to
sustain these positions, and show the distinction
between express aud implied malice II there had been
time for the prisoner to cool and to reflect the provo
cation his Subsequent resentment By iniiictng wound
the other party, VIII be considered revenge and mali
ciOus resentment and will not be justification IL an
pears from the evidence Of this case that Mr. O. felt him
soi aggrevd at the conduct Of Mr. b. In advising Miss
to break her engagement TO accompany him to church
Though the communication Of Mr. H. to Mr. O. at the TO-
teryiCw in the pass'ge calculated wound the feel
tnssa auI 10 kUtna Va NJ h..
appear that there anything Often sye Ia the man
uer Of Mr. H. 10 making that communication This could
not be considered greyous wrong Mt @. armed him
self shortly after this With revolver single barrel ps
tol and bowie knife and, on the evening of the next
day aud that on Sunday he vent the church. and there
waited for Mr u. to arNe IL may be tue that Mr. o. /
taken by surprise In the interview In the passage aud
Il j. likely that be did not communicate his future
intentions to Mr. b. Of carving the matter further IL il
At lsast ssran bat Mr. B had expectations Of any
difficulty With any one, he bad gone to church with
lady, aud expected TO return with her NJ O.. met with
him at tie inner door Of the church. and go, him to walk
TO street in the dark IL s true that there 4.
aorI,Fs Ala In a 0k,s -