The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1854-04-28
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should do something. He was then bound b, 4,
eomethng. The very persons who now condemn h;.,,
- murderer. would have scoffed Al him and
treated him rs blirhfed and blasted tbiDs. -
had patiently borne mis- insults i then demand his
acquitfal in the name of that law wIose horne & IN
the bosom Of his God, and whose VOICE Is the nni
yersal harmony of nature. He then was bound to
do something, he demanded an APOLOGY ana 3 r.
fused IT, and when told of his csnduct attacked the
victem Of all his abuse = 80 - - - - -
Judge B. then referred TO the goad character ma.
fained by the prisoner, By his respectable neigh
bors, who had come here to n nsify 10 h;s excelie,
character and innocent aniahle life IfR had heer
mat hish-sou'ed ehiyarous man that is ciaiuei for
nim here. and been actuated by that spjrit At ths
nme, he was bound to have made an explanation
70 T. OF his course, and declared to him that bis in
.en,ions were not to inure him, and that he womb
s s. 20 relesse him from the inputaiions which he
Ss.sd .o!ced to bear B. refused all thie and was
~; ened TO rivet this degraded character upon
cause. 'A1 i'''auoes proved IN this
10 ,bs nos,, .nen went into argument in relation
was inflicted and in relation to the
ing three pools of biosd; and 10 n, .hsay pios
up oy the commonwealth counsel in relation N
Judge B. then referred to the fact tb., ;.
heard the evidence With the intention Of @ ,'.. aos
ment OF the cause yet his great interest in sl
ser caused MIN 70 remember every material cir.
eumstance His love and regard for the nnfor. "a
nate boy now upon trial for his life fMr q M
been member of the Judges law class had esn.
seq himto remember it. and to use every exertion
70 save his life. He referred to B. having c. down
upon the ground choking him to death. and tfaf f.
the agonies of loosing his own lite, had inflicted
tne unfortunate wound that resulted ia the death
OF b. 1t had been even pretended here bv the pri
va.e prosecutor, tnat these marks had been made
upon e. as ground for defence Judge B. declar.
ed that ne would not occupy the position here Of
thus enforcing conviction of the prsoner he
such arguments, for all the wealth Of the world
ana that no consideration could induce him to
soul s. " ~
The Court adjourned for two hours for dinner.
hear it suggested the streets that II IL Ynmor
ed thst It was stratagern between Mr. Mosby and
the sympathies of the jury by that .i - en:'
soners behalf and then would take his nlsca harrs
nus but the malisnity of sander, and L appear
nse nrousn necessity alone, and attempt to sun
Ply the place OF that gentleman; and aid not know
that would be under the necessity of arruine tbis
sesti,n on last evening, that Mr. NJ would IiIeIv IL
unable to proceed, and that gentlemans physician
unable to be here and that would be- even dans
GUS for him to come 81 go. - 49,. "a
5qdss I'd s B. then sIsned nPon the circumstances that
the parties after they lekhe vestibuIe Of the Church
That u AFTER getting of the street, demanded from
fusng TO do the last act OF Justice to the nrsoner
would make no reparation for the injury he had
done. g then told him that she had acted unsen-
you knew that it is true" B. seized him and tbre -
him down and was choking him to death, when G
drew the knife and made the fatal stab EfFR -
Judge b. again here referred to Col Smiths s4ta
the responsibility of diverting the funds Of the
" NJ. TO- the prosecution of this 'boy''that it
funds to seek the blood of this injured and inform
nate young man, and insisted with great yehemence
that 1t would meet the condemnation of all we'll
| thinking FThev pofh Jos~ a..
blood of ,or they never would have been SO eager
In & diyeIfing g those fund: to prosecution a :
OF self defence" and referred TO some authorities
to sustsin his position .a,iri,- -
personal harm, and it is necessary to his own pro
lection, oadvance and kill his adversary he NAV d.
80. He referred to the case of Selfrfdge, tried in
Boston some years since for killing Austin. IThis
case was referred to by several of the Counsel as
expou1dins accurately the laws Of !" selfdefence'sj
II the law s correctly stated by the Judge Ia tho
trial of Serdge, then the jury acqut the priso-
ner in thi; case. Nearly all the physicans testify
him, when the fatal wound was even, and the Com
monwealth. finding that the testimony would not do,
BY their outside agents drum up a number Of wit.
doubt but that they believed what they say, but
they belong to class Of persons who, When the I
Il Iexpected thatit would tnfn out soos They make
ont this third pool of different sizes and locate it az
different places Hethen commented at large ON the
relative weight of positive and negative evidence
and feelingly alluded to Irish jest of Mr.. Niche
the subject of positive and negative proof which
the blood to run cold in his veins-thst such
mirth should be excited at such jest ON the most
material part Of the evidence ina criminal of the
importance of this that it matter that should
be treated with great seriousness.
Judge B. then went into careful examination of
conflict and the third pool Of biood~and insisted that
If c. had not killed B.. that B. would have killed G.
He then urged the Jury to aequit the prisoner and
| wrong hereafter-restore the boy to his weeping
mother and heart broken sisters, and you win. a.
| monwealth and to all others, as he has suffered
greatly already II ts3 fettl n s.fsf5. .e = 4 i
Judge B. concluded his most able and effecting ar.
gument 81 hours BY powerful appeal to the Jury
in behalf of the prisoner. urging them 10 show the
greatest mercy 70 the Of the youthful offender
and If posi- bic, 60 acqult him. ~ saF f''asss
The argument will close to morrow by the conclua.
Ing speech by Capt p s. Moore on behalf Of the
-" 80 49, - s,.a.--srsa sre5Rsa si4a-g
~, ss7. = s-. ELEVENTH DAY.. .s .is,r. svsss9
TUESDAY, April 25, 1854.
One of the Jurors was unwell this morning az
to require couch in the jury box to lie on, while
Can't d. E. Moore Commonwealth Attorney
began the closing argument for the prosecution
After some comments on the duty OF the Jury TO ex
cude from their minds, as was urged by the prison
ers counsel all preiudices opinions formed from
rumors in the cause before they were sworn, he
urged them, if they should think from the evidence
that the prisoner is guilty to execute the law which
they were sworn to administer. The law had been
framed by the experience of ages, and all expe-
rience showed that its execution was necessary TO
the safety of society, and 1T had been modihed 70
suit the different ages upon whom it was to operate
It is relied on here by the defence than an unwar-
ra6table prejudice had been raised against the
prisoner those operated on BY ! had employed
revenge. It was right that additional counsel
should be employed 10 assist ths pro:ecuon, whea
side, and some Of them the ablest lawyers in the
State. :. e 4 -
suc circumstances to employ sddtional connselto
assist the prosecution, and the ablsst nave
acted both 10 this country and IN England IN assist
fng proser utions Mr.. M. had been the rcguias |
prosecutor in this court for number ef yesrs ana
was 4 gentleman who would never carry the prose-
c,,tion farther than he believed i was proper ior
6;r, To 90 Ire had been employed, and had con /
ILL sS ts act nnaer peculiar efFcumstsnces Col
smith had acted n the matter from sss ssnss s,s % o.
so,,ns man who had bees placed here under his
charge and pro1ecop By more q tnsss % ,s Ie..srs
Thev were mere efforts to have the whole matter