Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1854-05-04
Argument OF Judge BIookenbTough In me ~
al of C Christian fof Murder
TENTH DAY.

.srl,. l,,,,r Nth ladies. Who had assembled Il
hear tho ARGUMENT of Charles J.. Mosby, tsq.
# Iynchburc Ii was. however soon iaaae
known 10 the crowd assembled. that Mr. u
vas confined 10 his bed BY sickness, and u al M
physician said il would be- impossible aud Jan
gerou. for him 10 attempt to address the Jury.
Hon. \. II. H. Stuart announced to the '"nIt 'i,'
| condition Of Mr.. Mosby. and that Judge bfo,h
enbroueh would conclude the argument on De
half of the prisoner. -.
Judge Thompson Expressed his regret tna,
| the counsel that the prisoner had 50 inuch feneu
ON for his defence. should be unable Ia ureu' NE
| cause and that it was unfortunate that Mr.. Nos
| hv could not address the jury in his behalf thhi
he had seen him that morning. and he was una
BILE from his prostration by sickness to discharge
his weighty duty 10 the prisoner. Judge ! hohlP
son remarked that under these circumstances
there was nothing improper or Illegal Ia Judge
Brokenbrough's taking his place IN the argument
and that be thought it entirely proper for INN 10
do
Judge BRoKExBRorent then addressed the jury,
beginning with the most feeling and affecting
statement of his embarrassment in thus appear
ing before Them and the immense responsibility
devolying on him. He quoted most beautiful
and appropriate passage from PARADISE Lost
where the Poet calls on the divine power of hea-
ten IL assist him, aud empower him 90 discourage
this most weighty duty in "A manner consistent
with lis weighty responsibility.
lie then referred 10 Mr.. Mickie's position IN
this cause, and that he had been employed by the
friends of the deceased and the Y. NJ. /. to inter-
pose bis great intellect 10 sustain the cause of
the commonwealth. The funds appropriated by
the Legislature of the State 10 purposes OF eda,
cation had been improperly contributed TO add
ADDITIONAL malgnity and venom to this CAUSE
This conduct in peryerting these funds was wor-
thy of all denunciation. 1t had been done Tor
the alleged purpose of protecting the memory OF
b. But who was here who would plant netfle
on the grave of that young man +! All were Will
ling to extend to him the most lrreProachaoie
character. 1t has also been said that this fund
should be thus msdirected for the purpose oil
sustaining the character and position OF the '.
NJ. /. Col. Smith has, through grave mistake
or desire to pander To public prejudice, thus ap-
propratcd these funds to seek the blood of the
prisoner. This is Il singular act of patriotism to
be thus appropriating these funds to a private
prosecutor who has with great ability discharged
his duty and earned his fee. | reflect not ON
Mr. Niche, as know him to be incapable of do
ing any thing which he believed to be wrong for
any pecuniary consideration. | believe that as
noble heart beats in his bosom as in any mans.
He has, however, thrown out of the cause every
circumstance and consideration that could weigh
in behalf of the prisoner, and urged his conyIc.
ton by every argument and every circumstance
that could drive the minds of the jury to con
yietIon of the prisoner OF murder in the first de
gree Mr.. NJ had his clients behind him urging
him on, and party 10 give a stanc laugh at his
iests and jokes, and al the positions assumed by
the defence, and who thus attempts by that vi
pnr's breath of popular prejudice which has per
vaded this community, and even entered this
sanctuary of justice, to give weight to the prose
cution. and to the conviction of the prisoner
This is the course that has been pursued by the
special and private prosecution OF Col. smith
The commemorative Attorney has not gone thus
far but fairly considered the circumstances and
evidence in this cause.
Judge b. then went into detailed statement
and consideration of the evidence of the cause.
e and Il. had come here rs high minded res
pectable young men and upon perfect equality,
and had been received in the community as gen
tiemen. G.. becomes acquainted with Miss A.,
beautiful and accomplished young lady, and en-
cages her company To go with him to church,and
sometime afterwards she had even thought prop
cr to remind him of his engagement. When his
heart was warmed and enlisted for the young Ia
ely by her smiles, elected by his respectful at
tentions, and when he animated with the
purpose of even addressing her and seeking her
hand. he receives the chilling note that Miss
A. declines to go with Mr.. c. to church accord
ing To engagement" Mr.. {. knowing t'Iat there
was some cause for this treatment, and naturally
surprising that some had been slandering
him, wrote her note. asking III the most res
peetful and ilattcring manner for the name OF his
'.calumniator," and if it should not be given that
his note should be returned Noanswer was re-
turned to this note. nor was it returned itself
Some two weeks afterwards Mr.. {. went to Mr..
Moore's TO see Miss y, and she refused to see
him. He bore it ALL believing that he had "A Sc
cret enemy who was thus secretly injuring him.
This note is then made the subject of merrment
between Miss A. and the unfortunate Is. Mrs.
Moore nnoccntly asked Miss Alto show the note
not for n moment thinking that any difficulty
would arise from it. 1t is insisted here that the
spirit of hohor as dictated by the code of honor,
iequired b. to notice this letter, as the person
who had advised Miss A. not to accompany MIR.
c. to church. But this code of honor is denied
as applying to Mr.. c., and from the argument he
is not to have the benefit of it. Mr.. b. had yo-
lated the fundam entail principle of this code
which was to wantonly iniure or insult no one
b. had acted through mistaken sense OF duty
and honor. If b. had gone to c. and told him in
n proper spirit, and courteous manner the actual
state of the case, and that he knew nothing of
him personally and had given him his author,th
matter would have been amcably settled and
Mr.. llumes,by stating how he got his information
of Mr.. C's. character in this community, would
also have been honorably acquitted. b. dsre
garded this duty to c., and seeks Cadet Humes
and lIorner, two of the stoutest and most athletic
of the Corps. He goes with them in hostile
manner ('wth hostile purpose Horner says
| in his testimony thinking and intending that c.
should cover before b. They call for him at the
! Hotel. {. and b. were profound strangers to
each other, yet b., without even seeking an in
PRODUCTION to c., calls him out and takes him
into the passage, and says to him, i am the man
who advised Miss A, not to accompany you to
church, and Il did it because your character is
such that did not think it prudent for her to 90