The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1854-04-26
TA1AL FOR MURDER 8 8
80 Ccm@ex sesltkss. Ckarles n. f.s.,..;.. e. =.
q ASrasr Of Thomas BlacSSrrs, : ~ sc

8 3L FOR MURDER
= Mrr1as sse = =. = mCxariss B. caristssn, for sAe
'ss' ~ xhozsas BlackBnr,, ( = - -
IN the Circuit Superior Conf :, = p.,,..-., -.
County. " 8 h'e0 %
JvDor LUCAS P THOMPSON, pre.;d;..
EIGHTH DAY-cosrrrurn So,
FR1DAr, April 2lst, ga
being compelled to break off the repor, -.
day 10 the middle of Mr.. MrcHrE's speech, We hi.
morning concludeitl ss1.s5
seeing B. with lady must have known that. = -
saw him with lady he could not be armed He
went, expecting this, swith his pockets full CT es
pons and his arms full OF sticks c. SAYS thst he
nsa wenI mere nc 70 zee b. expecting that the matter
vised MIN TO write note to B. for the purpose Of
bringing about peaceable adjustment And Mr.
motifs had written note for him, and hen C.. in.
formed MIN that b. had said that che fook the 20
sponsibility for his and his cousins scts9 r ;.;.e
ed upon seeing B., and said sthat B. wss slander;n.
him as coward, over town" Himself beirr ~
witness, he intended the meeting to be hostile
one, or that r. would retract what he had said s,r
Saturday. He goes to the Church thus armed He
sees b. and takes him out. Two Cadets altbnu,h
they had heard that the difficulty was settled, sil
thought there might be disturbance at the Church
u. H. Qai iuu
them so around in the dark, and apprehendinr no
difficulty then, returned into the Church. Was this
not enough to have satisfied C. that there was no
combination of the Cadets against him. and that his
unworthy suspicious against the young gentlemen
OF that noble Institution were unfounded and to
have caused him to refrain from using his deadly
weaponsl They go into dark corner and the
unarmed one is murdered in few moments in
tells his companions that he has killed B. in eelfde
fence and that he is not hurt. c. then says that B.
was choking him, and he stabbed him in self.de-
fence and then demands that the Commonwealth
shall acquit him. or show that hs did not do it in
s'self-defence" C.was a lawyer himself or was
here receiving instruction the laws country
from the we'll stored mind of his able instructor That
instructor was also ready to give him advice in
any difficulty that he might be in, and stood here in
Ioco PARENTS" c. did not think proper to ask that
advice, but mistated the matter to his fellow stu
dents, and then acted contrary to their advice
1t is not for the Commonwealth to show that c.
did not kill B. in "sefdefence." Hemust show this
himself, and after the killing is proved, it must be
taken in this case as crime of the highest degree
and it is for c. to mitigate 1t to cast doubt over
it. 1t he cannot do that then the Jury is bound to
see that the highest penalty Of the law is inflicted
Though others should suffer with him; though his
mother and sisters should have to follow him to a
felons grave, and be ruined by his crime still the
Jury have sacred duty to perform to their COM
munity, to the laws and to the welfare of society II
there remained no rational doubt of his innocence
most serious oblgations to find him guilty. But If
a reasonable doubt remained of his criminal guilt
they should acquit him.
ID 1t is insisted here that, as the Commonwealth
has introduced the declarations of c. in this cause
that they are bound to take them as true. Mr. NJ
here read some authorities showing that if C's
declarations are taken as evidence they must all
be taken together, and that although they were in
troduced on behalf of the Commonwealth, still,
they could by other evidence, show that they were
untrue or improbable, and that the Jury could be-
feve or give credit to some parts of his statement
and disregard the other parts-or disregard all Off
truth falsity. He insisted that upon the prison
ers own confessions, taking them all together this
plea of "selfdefence" was swept from under him,
and that although c. thought that he had killed B.
in selfdefence, still 1t would avail him nothing un-
less it amounted to what the law considers justifi:
able killing in ''se!f-defence." Thelaw had defined
what was meant By justtying, party in killing his
adversary in "selt-defence" The party killing his
his own life, and be in danger of losing his own
life or of great bodily HARM before he can rely
upon the plea of "selfdsfence," and must not, in
the same ARRAY have struck the first blow or be-
gun the rencontre. The laws. of the land recog.
Mise no code Of honor and never authorise the in.
fiction of personal chastisement for personal in.
suits. Mr. C. must have meant, when he said that
he killed B. in "sefdefence,' that he was defending
the affray or brought it on designedly 1t was his
own fault that his honor and character were in
jured, for he brought it on himself .r-
Whether B. was standing up or being down over,
c. and choking him, or in any other conceivable
position still c. is not entitled to the plea of 'self
defence" p -sat .sfa.e ts. s.f5 -
When C. asked the advice of his. friends before
going into the difficulty, GRAVE AND STRAIGHT FOR.
WARD NORRIS SAYS CHALLENGE HIM." But c.
said he would not challenge, him because "Old
Specs." (Col. Smith) would not let B. fight, and
that he had no money to go off to fight a duel.
They told him to fight B. street fight, and he
fused. They told him to fight him with his fist c.
said B. could whip him Mr.. Moore told him then
to cane him. c. said they would double on him
and that ne believed B. was armed and would kill
him. Mr.. Moore told him ITO acn him ii he attack.
ed him with weapons" C. made no objection to
to that course, for he was armed and had determn-
ed to use his weapons. He.had caps prepared, and
bullets moulded and bowie knife at hand. He had
motive In thus preparing himself. What did he
take out forf To get an explanation No!-he
had declined sending the note for Ihat Did he do
to fight him tistcuif or beat him with stick No,
he had declined all these modes ofredress. He had
said that B. had told him that "he was man Of infa
nous character Thus exaggerating this difficult.
ty with B. by saying that B. had told him he was
Infamous" He must have wanted his fellow stu.
dents to unite with him in some outrageous act
Then for what purpose did he take B. from the
church around into that dark place! He did not
take his own stick. He took a LIGHTER one, and
said that it was enough for his purposes. 1t was
enough for his purposes as he had two pistols and
that dreadful bowie knife. He then. having before
said that stick would not do in contest with B. in.
tended to use and rely on his other weapons. If he
did intend to use these weapons in conflict with
B. alone, why did he take them with him? He intend
ed before he went to church, to ask B. out And he
did ask him out into the dark and when B. would go
farther with him. he there, At the hay scales be-
gan the difficulty. His plan was formed before he
went to church. He had watched him on the street
or at the door, and B. left the lady he was
with C. came up to him and tapped him on the
shoulder said he wished to see him. C's declaration
thokR bod6 I<xr.
ed the vestibue, and he then determined to demand
of him an explanation Who can believe this C's
companions were adyising him not to got church
to see B. but wait for another occasion more suit
able, when c. hearing the church bell begin to ring
Immediately left the room and started alone for the
church. He must have gone then to the church
to carry out a preconceived purpose, or why did
he thus 60 against all this advice with such wea,
pons about him He must have, at least, intended
10 use the pistols and the bowie knife, If the stick
should appear to be insufficient They were at
least intended to be used as a last resort Then G,
had gone into the matter with the intent of using
deadly weapon.