Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1854-04-28
WAS formed before he went

began the difficulty n.y., ai,.g plan M w. + formed . ,ss ! DyIels Or he .. ws fSe
ioor and as soon as B. LETT the lady he was with, &c. came
n and tapped him on the %sshoulier, and said he ~isned 10
r. MIN" C.hs declaration wue, that 3. looked upon MIN
| with scorn as he entered the ves'ibule, and ne then oe'e'.
o,inaJ RI demand of him an explanation" Who can believe
this9 c's companions were advising him not 10 60 TO churcn
~ see 3. but 10 wait for another occasion more suitable
when c. hearing the church. bell begin TO ring, immediately
,.T, ,he room and started alone 10, The church. He mus
nave zone then 10 the church 10 carry ONT a pre-concelvea
nu,oose. or why did he thus go against all This ndvice win
such weapons about him? He must have, at least, INTENDED
~ nae the pistols and the bowie.knife, If the stick should op
nm, 10 BIZ insufficient. They were, at least, Intended TO ot
psed as a last resort. Then c.. had gone into the matter
viii The intent Of using u deadly weapon.
Rut il il said that &. did not intend 10 Kill b. Every man
ia srnu,ssd, in the eye Of the Law, TO have Intended 70 do
wh,teysr is the natural and inevitable consequences OF his
ac,a He uses q ~itightful bowie kuile, and with il kills b.
and then says that he did not Intend 10 do il. Can such an
srcuse be takenf If il can, Then n man may do any act oil
vioIence, and afterwards get oil with the declaration 81 did
no, intend TO do IT," {. had been studying the laws Of his
rounlry Tor soMe twelve months.
The circumstances all show that G. had gone into a con-
hict urepared for any issue, and determined 10 come out
victorious, although il might be by taking The life OF his ad'
ve,sary. It looks very much like the fatal wound was in.
Iicl,d in The early part OF The rencontrc, from the 4stllness
nf The parties. and from the fact that b. did not cry out for
ossi.t,nce. After the fatal wound was inflicted, b. would
nocessariiy lose the power OF speech.
AIR NJ. said that he would contend for no particular theory
in relation 10 The manner in which the wounds were inflicted,
or in relation 10 the position o.! The parties al the lime. 1t
wss enough for him that the two pools Of blood were BIS
bIood and that Z. had Infected the mortal wound, and that
Tho circumstances were ~ Et;ted by C.. himself. lie then
commenred at large 90 the Ies.imony, in relation 10 the third
nonI of blood, and The manner in which that testimony was
inroduccd, and the fact that those witnesses did not wish 10
he oHicious 10 coming forward 10 give their testimony in this
case, There were some five witnesses who swore that They
saw this third pool of blood. and some five who s~ore they
examined The ground minuieiy, and did not see this third
poul. All these were highly c%reditable witnesses, and de-
serving of equal credit, yet those swearing 10 the fact thai
thew saw II, are entitled 10 more credit Than those swearing
that they did not see 1t. The first was positive, and The Sc
coud was negative. And that positive testimony 10 such q
Csc Is always superior 10 negative testimony the first mus
be- true or the witnesses mus, haze sworn falsely-thc eecont
NAV moi be true simply By 40 innocent mistake OF The wit
ues3rs.