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


inc already given the opening speech on the 81
of the prosecution, il is proper that the deien
should also go before the jury OF the public II
Valley Star of the 9th has an article. severe
rsbuking the Charlestown Free Press Tor maj
ing the declaration that if there should fail to
a conviction in the case. criminal prosecution
must hereafter be regarded "A mockery and
wanton waste of time and meneya-shieh end
with the following review of the proceedings
Tn. argument of the cause On both sides hH
roaoc,ca The highest credit upon the ability q
7, commenced on Tuesday afternoon. the lct
inst. with speech from Capt. DAVID +. MOORE
attorney for the Commonwealth N ednesda.
- oeeunied hv JAMES II. DORIAN, Esq, OF
,'eh.lf az he prisoner. We Use the language O
one of the most distinguished jurists Of the state
mon We say of this sprech that It was lucid n
order. admirable in arrangement. powerful ~
,,reuiSes and CONCLUSIONS. 1t possessed All th'
mar. which graceful aud impressive manner
cbaste aud elegant language, and, above all
r,ower and force Of argument could give TO a
srsech of the kind. Ii elected The highest com
r1epdation from all, and the wariae-t eongrain-
l.,;ons at his friends. tie was followed on
'T-Ihnys5av by the Hon. A. II. II. STUART in a
s,..ech. suol a. might have been expected from
q gentleman If bis distinguished reputation a. a
ia,z,-e- and An advocate. On Thursday after
,,o.n Tuos. J. NICHE, ESQ. who had been en-
Moved by the father Of Cadet BIAcknihN, ana
t. rol snTrH a. Superintendent 81 the \. NJ. In
stitute. 10 appear behalf Of the prosecution
commenced his address % the jury. aud eonciu-
ded on Friday evening. All viii concur ia the
r.;n;o, tina, he gave his employers full equlva-
laut for their money, If the most jealous and en-
erg,o efforts TO elicit testimony TO secure con
v;ction. and the most astute and ingenious aTgu-
men, ur.on evidence adduced can constitute such
o,,;,.ien. TWAS such an effort "a has been
I'm, seldom. If ever, heard behalf of the prose
cution in our county. II should happen 'hat
,be accused i acquitted il wiii not be for want Of
effort ON the part Of the private prosecutor to So
cure a conviction. Saturday was occupied by u.
L. DOYLE. Esq for the defence. liz ehori was
foreible impressive. and eloquent.
Il was expected that Monday would by tHAs.
7 Nos4y fsa.. but. ms fate would have If, when
the time arrived for the Court. he was confined
10 his bed by such serious illness as rendered II
impossible for him TO appear IN the ease' one OF
the counsel for the defence announced tins iact
10 the Court. and also that Judge BnokfShhouGH
at the urgent solicitation OF Mr.. Mostly, had con
scented to take his place; TO which Jsdge iH"Np-
son replied that under the circumstances ne
could see no moral, social or legal Improperly IN
the appearance Of Judge BRoKENnRetaH IN the
case out on the contrary thought II ait"g' th,r
proner. Although he was thus called upon with
out previous notice, or opportunity OF rrepaa-
tion.he discharged the duty ina manner which
excited the surprise aud admiration 81 all who
heard him Ills was an address, Whieh,although
produced thus upon the spur OF the moment
would have reflected credit upon ihs ahiest OF
counsel as the result of the most thorough study
and preparation.
The argument of the case closed ON Tuesday
evening with a very ahle speech from Cnpt.
Moore, on behalf of the prosecution and the cusc
was submitted 10 the jury.
The cause has been conducted with the great
est ability a. we'll by the prosecution as the de-
fence, aud no effort has been wanting 10 discover
or addnoe every particle oftestimony which could
have any important bearing on the gnlit or lnnp-
cence OF the aeoused.--lf the jury bud hin lnno-
cent under such circumstances, II viii result
from their conviction OF his innocence, alter hay
ing had the best opportunity to ludge'and will be
far from establishing the conclusion Of the Free
Press that criminal prosecutions are a mockery,
a wanton waste Of time aud money.
+. s Since the foregoing was set up, the jury
having reported TO the Court that II was imposs-
bic for them 10 agree upon verdict they were
discharged The case was then transferred 10
the county of Bedford, and viii be tried in Sep
TENDER.
We learn from one of the jurors that he and
the others who were in favor of It conviction, had
determined To accompany the verdict, n oee hal
been found with accommodation at the prison
or 10 Executive clemency, upon the ground that
although, in their opinion, Che case OF the aecus-
ed came within the strict loftar 81 the law, yet
under all the circumstances of the case, and IN
consideration of the griovous proyoeation under
wi ich he had been impelled 20 act they believed
him entitled 10 Executive clemency. aud an un-
conditional pardon"
Ii will besobseryed that Judge Brock enbrough
questions very roughly the proprietyof the part
borne in the prosecution by Col. Smith. II Is
both natural and creditable to Col. Smith that his
sympathies should have been deeply enlisted in
the case--but we are free to admit that we think
his zeal bore him beyond the requirements OF du-
ty. The commonwealth is always presumed to
be able to take care of herself. Ii should be re
membered that not the commonwealth attorney
only but the Judge and jury also are her minister's
appointed to inquire into and punish crime. She
has provided herself wit. all the agencies deemed
requisite for the vindication of the laws and the
protection of society. She stands III no need OF
the revengeful aid of those who have been wrong
ed, and prosecution thus urgedon and embii-
tered is too apt to become persecution. As TO
the appropriation of the funds of the Institute
by Col. Smith,in feeling counsel we suppose IT
viii stand like any other item in his aeeoant--to
be investigated by the Board OF Visitors, at thar
annual meeting and allowed rejected es they
may think proper.
But whatever may be thought of Col. Smith
conduct in the matter, cannot but feel that has
error was more vcnal than Judge Broken
brough's, We do not need 10 be told that there
is not, and cannot be,any connection between the
court in which he presides,and that before whiel
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