Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1854-04-22
NUMBER s5.

relation to the position Of the parties when The ,.l
gsen, oy the testimony, allowing d there v,. m
o' OF blood As the evidence In relation 10 ths us,,.r
on the uS.e; Of o read here 70 the jury the ave rules
showing the degree Of proof and The d.sr.. ~
iav required oy the law to justify conviction, show
ce1,.in, s uehse must produce In tho mind . moral
guilt OF the prisoner. oe' mo
o o. t1c physicians thought that II the mortal voan
vas inflicted vi bile Mr. B. was down that hs conH ~
nave arisen The other physici,ps think ,h.s - ,s
arsen once aud have stood for moment anil h.,. 49,.
h e "nere he last hay, but an Of the pbyscisn.
'ns' ne could not have arisen moro than once H.
then read number Of authorities to sbov b., iii - ~
physicians we're wrong and that b. might have
en' nave been down where the Sd pool 4 ssted tr
nave oeen, or at least to have received AZ. o,,d 49,
and then 10 have passed to the 2d pool ,bsrs he I'm ~
agan and staggered Off and fell where be v,s -. 49,.
lne mortal wound may have been inflicted In ,hs ~
ginning oi iee rencounter. He insisted that The nos;,i
esumopy Of the number Of respectable and unj,,ns.s
who testified to the existence of ~. sh,.
. ~ o,ood was ented to much moro weight than ,bs
negative testimony Of the number of eouaI, pnnn..s
oe witnesses, who testified that they had csrefIIs
pea ths ground and had the third pool Of h
saa a number OF authorities sho. ing the sunsrior
n nA' shouid be given 10 the positive testimony
nc .nen referred to the testimony of the
sa on each OF the positions. and commented On m.
lna. each was entitled to. II appears that the AZ
y ny vas as commenced about the engine Hopse .nd az.
anen mr. Massey saw them they were seuai;ny cr.s
,oNards the pavement leading from Msin s,,.s =,
a;c,nd =; 49, But whether the mortal stab v.a in
n'c,eo IN the beginning Of the rcncounter or .os
ana whether Mr. B. down twice or oni, nn.'I, es,
whether the jury believe that there v,s ,hra sna
on the ao sun Is equally guilty, he brought
~ 'ne reneouhter and took Ii. out TO that snot s g.
purpose Of assailiog him bringing on an aay
,h himself with weapons to any resistance
nent oe offered, and then taking B. out to private
hu IN TINS way being responsible for BEGINNING ~
bringing about the rencounter and then usine h a %
hat he had prepared is responsible for The s
shs u AZ us results. Aud il e. began the sray the fact
'ha, dufing It's cor tnuance B. had him down ana -
chokng him. does not justify g. In naictipp The ,r,i
wound nor does it modify C's guilt If n dJ n, -o,d
oe W eohuet with fundamental aIim Of the law Chat
10 mnh can take advantage Of his own vronp .,d ~
aet That b. was man OF greater physical s,eno,h ,h
y. docs not modify this position or in anv vsy ;n.,;e ~
l a. ns course But even by the laws of honor Cs con
uuct could not be justified. He had refused ,-hn ~
vised by his friends TO challenge b. and piye him -. ,
snahee 10 the conhct but against the advice of all HE
ne went to the church when b. was not erpeet;ne
" oong 'or an attack, and, getting b. to walk ont S
nm there, in the darkness Of the night sopsb, Lfs ~
O's own statements and accounts of the dgic,,. .s
SHOW that he went to the church TO seek hi,
Vehge ana bring on the ARRAY and that he ;d -, 49,.
70 shrhk from using the weapons he car,;ed ;h II
snonid be necessary in the aray for him IN mac IT,
anousn u when he returned the hotel after .ha
s'a oioH mad been Inflicted, expressed bis sn,;a G.
B and declared that he had not intended IN ~,
nad merely cut him in the face to make him o,ss Nj la
appears conclusvey that he turned round and IooS
ed al Is deliberately alter he had made b;s a.. ~,
was lying PROSTATE before him. Then ha r.,s.-H, % e
known before he ran to the Hotel that he had ;s,aS
upon y. deadly, or at least severe wound hs.a
never housnt that g. was entirely without blame in ,h
course that he took in relation to iae adv;cs h | " e
a., a. no. 70 go TO church with c. and in going 10 tell q
a. ne vas the person who had advised Miss n ,b;
ogse. u. was high minded chivalrous man NO 5onh,
anu ,hought that his duty to tell G. that h bS
sea ms cousin To this course But B. should never bs
oSS !he matter as the letter to Miss A. from G. ass
eonnuenuai and at the bottom Of It was written az; 20
hdence Then it should never have hssn r. 20 con
nave been returned to its author or esrossJ
has been SAID that C. afraid the Cadets vonM co
h n can't think that C. had any reason to
sItrhe
aets nave generally been orderly and peaeesbe ss
SET OF young men in the country. - Any
uon 1GgfI tsen adjourned until tomorrow when tho
non. a. H. H. Stewart will address the Jurv ~, hh,s
the prisoner. ' Jury on oehalf OF