Monongalia mirror. [volume] (Morgantown, Va. [W. Va.]) 1849-1855, 1854-04-01


by him was even moro effective upon thu
minds of the excited, than closer perusa
of it since, bya studied emphasis upon Ger
tain words aud sentences, he insidious!y
conveyed the most malignant poison into t,
the breasts of my jurors against mo, II
cannot be denied, with truth but that the
Bench can always carry great force into the
jury box; therefore, in some of the States,
all criminal cases arc submitted to the Ju'
ry, after tho arguments Of the counsel,
withou. any remarks from the court, unless
especially solicited to elucidate some point
Of law on which the counsel differ in OPin-
ion, SO that the prisoner may have strict
Ily fair and impartial trial. If l had pos
ssssed this right, would not now have a.
any jus. cause of complaint to record a.
raiinst ono whom God has not fitted for the
duties of m impartial Judge,
To make out a case of murder against
me, i. was necessary to prove malice, pre-
meditation, tciynlness. Was either at
tempted? Was either urged, unaccompa-
MED by the most barefaced and transpa-
rent scphistry? A brief detail of the facts
will show, and I will not be ashamed nor
afraid to repea. them before my God, be-
fore whom, and at whose tribunal, am
so soon to stand, and have my case review
cd and reversed II have been too much
of a devotee at the shrine ofpleasure. Is
this crime? fit is, millions are at this
instant guilty of the same offence, and will
20 UNPUBLISHED. On the fatal 9th of July,
/ had given myself up to recreation and
pleasure; l had unconsciously partaken
too freely. One whom I regarded as q
friend, appealed to my sympathies, stating
that bis character had been traduced,
and requested mo to see him righted. l
volunteered to 60 with him for that pur-
pose, little dreaming what might occur
when we had gone part of the way, 1
los. all recollection, and knew nothing
more until after the fatal blow, which is
said to have been inflicted by me during
the fight have no recollection of doing
it, but will not shrink from tho response
bility, feeling consciously innocent of any
intention to tako the life Of human be-
ing. Heated with drink, and excited with
the pleasures of the day.. as well as the
circumstances attendant upon a personal
rcncontre, l must have been maidened to
a degree bordering on insanity. However
this may DO I deeply regret it, and believe
my maker will not hold ME accountable.
God is my witness, that | entertained no
unkind feeling towards the deceased
Have no recollection of ever having seen
him beforc-never meditatcd his injury or
death for o single instant.
By what kind of hair drawn reasoning
then can I be justly convicted of murder,
which must be accompanied, according to
the language of the law, with malice, pre-
meditation and piIfalacss. fl had q mo
tive-if I had entertained malice towards
the deceased had wayl.id himfor the pur-
pose of robbing him and killing himin or
der to effect my purpose-had killed him,
SO as to prevent bis being witness against
me-in brief, had I been instigated BY any
thing but the madness occasioned by the
total absence of reason, l would not COM
plain, would not have the heart to say
that my punishment was undeserycd, and
that excitement and prejudicicc were the
cause of my conviction.
l hold the jury guiltless, they were IN.
suspectingly led into error in my case, aud
bar of God, they have sacrificed me thro'
error, which they are likewise charged with
in releasing those who were also engaged
il the same difficulty, rithont any punish
meat According the ssric. letter Of the
law, mine was as much too heavy as their.
was to light, yet l congratulate them upon
their good fortune, and trust it will prove
salutary lesson to them for the balance
: Of their lives. Ny life is offered up as al
atonement to the offended laws. s"r
n / likewise forgive certain Attorney Z
near relative of the judge who l am in
formed, boasts Of. the part he acted in i'm
pressing the mind of the Governor agains
me. II be can appear before bis God will
as clear conscience as myself, Twill cheer
fully accord to him my forgiveness; if hi
can derive satisfaction by adding to N,
misery, / do not envy him such q heart.
To friends and distinguished gentlemen
who have shown their sympathy for me
and respect for my distressed family, since
: my incarceration, / return my most pro
found thanks l trust God will mete GU
10 them most abundant rewards for thei
kindness.
Gle tempcreth the wind to the shorr
} Lamb" and therefore leave my young
wife and little child to His tender nne
fstherly care, with tho full confidence tina
thoy will be cherished by His mercy. Ma,
He guide them in the paths of virtue, ant
teach them to observe more charity to
wards their unfortunate fellow beings, thar
has been shown to
DAVID JEWELL, in.
Great Rain Storms and Flood III 0
T.