Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1854-04-28

/ md mr.,
lection. But Of hese matters have anything 10 do
with the decon Of this They wsro mere .r,. tn
have the whole mau'r fully invesdgated. n - =
Capt Moore argued that the Lag was dlstipotlv i.ia
down, and nothing LEFT To the arbitrary decision OF
Jury. This "a necessary define the rights of ner.o,
and to have uniform rule for It's application 10 every
ton Of the country, and Is better to have the nnni.h
ment CERTAIN f h lees than to have heayy
.es with uncertainty about their being Inflicted Tn.
jury were not at liberty TO modify these rules because
they may think that the punishment too severe The,
must execute the law as they ndh end although their
verdict DO written In tears and Il may DO painful for
them In tho discharge o. TIA; duty, Jet they bound
Capt Moore then defined the Law In relation tn mi.
cause and pointed out that murder In tho Ar,
or second degree or mans.ughtsr and ,ho jury con.d
cred that the prisoner guilty Of e,.ee Of these tbey
must find their verdict accordingly Because the
for the prisoner plant their It's being murder In
tho hrs' degree or usshsole mansaughte naa-
ense your decision In finding that was murder In thu
second degree. IL the intention Of killing il Conceived
before the act committed before quarrel beelns
!. murder Of the hss. degree IfSo1eeirod at tho Time
been grevousy insued yet this gives him no right TO
seek for the redress Of his wrongs This does
Gs.nse ms case from being murder Of the rs degree
ted tribunals OF the country for redress OF his vronvs
and he has no right to take the matter his own hspds
seeks his adversary and kills him. Il murder of b. 6,
degree If he commits murder under such circums,snces
10 not for you to pardon him for tho oeuce Tho par
doning power and the attribute of mercy belong IN ths
Executive alone, and he may exercise IL and ps1don ths
prisoner, but have power over IL Although tbs
circumstances were suspicious the part Of b. at tho in
terriew In the passage and indicated that B. wished To
intmidate O., and may have been armed vet O. had time
to reflect and consult his friends He then went and nnr
chased revolver and the circumstance lead TO the con-
vction that he bought IL for the conflict lie got >, A.
sion Of Mr.. Winns bowie knife and armed himself for
the conflict. did say alleged by the counsel
the other side. nor did Mr.. Niche say, that O. should
| have challenged u. We only said that Il would have
been better Tor y. TO have done c. thus armed aud
hearing the church bell ring, said his companiops
mud CO. and thus he went to the church look B.
eau there be doubt then that the plan all laid and
Y. had determined to take b. for the couactp IL an
pears that was excited when he asked out They 20
inIo dark crossstreet Ca declarations mats
yards In relation the conflict ina ie under circum
stances that would induce hun state them avor.bl 10
himself Did he think that explanation mad, by 10
him alone there in the dark would retrieve his
III the community aud would be satisfaction for his
~rongs! lie should have required tho explanation TO b..
made III the presence OF Others that his purpose
that he might be right in the comnuity n n,noh,
IN the COZ 'c, aud then killed b. though had him
ioWn at the tne Yet no Is guity OF murder He read
ere come authorities sustaining this poon aud sad
'.' he coucurred with Mr. Niche his position on tbs
point
4. y. calculated on acting on tho alternative that n
n'gst ofer-if b. made an anatou all would De
sell II he refused TO give tie .xplanaon-then U. in.
tended TO use his weapons. aud thus kill him. caunot
now rely on the plea Of self deeuce aud is guilty OF
murder OF the first degree He carried out what he
mad formerly declared he would do
When b. refused to apologize u then insu.ed him =,
pecug b. to strike him, aud he would then Geek hi, re
sense-B did not strike MIN told him not to
epeat ~ according to his statement. did repeat
- and then b. took hold of him, and used tho wea
ions he had prepared for the purpose.
Capt Moore stated that he differed with Judge Brock
enor"ugh and also with Mr. Niche in relation To the cur
rectnss OF the law Salfridgrs Judg. b. tnourt
ne law was correctly stated IN that case.
II u did any thing hat brought the couac ct he ia
rrponsoe Tor Its ISSUE and II he then killed his adverse
osng his lite or Of great bodily harm as he alleges
When he Inflicted the fatal wound. Few persons ar.
<iled by choking in 6ght and appears rom the To-.
imony that @. down but a short time and was abIs
| to rise immediately, and run brisky away
Capt Moore then went into examination In relation
the proof OF the third pool of BLOOD and that the mar
les must have been their feet when the fatal blow Wa,
given The commonwealth had up no theory nor were
bound TO any, reconcng the proof In relation
TO ths third pool of blood The defence must after III.
'ns SIT up and sustain an hypothesis of inno
eence The existence Of this third pool had been proved
y some n'e respectable wte;ses and about the same
number has stated that they had examined the ground r
the combat, aud could 6nd no blood that point The
latter seem to have examined single line where tbev
supposed the parties to have BEEN they seem TO
thought that parties fight according rules of abe
n,''c' and have accordingly examined only line,
where they supposed the parties scufng The onIv
rational solution is that this third pool had run from
fore the parties fell when by Mr. Ma,se and thai
the wound must have been given at the beginning the
fight Alter the conflict G. sprang upon the pavement
and stood there to look back ani that was living
prostrate the ground and dying from his wounds q
then must have known, before be wen, TO the Hotel thu;
b. was dying man. He then threw away the knife i'm
mediRtely and ran,
Gap. Moore then s.hSIsa the jury withdraw their mind.
they appear to the mind, OF the Jury the prisoner
leave q who nas po@si
dc ni T Ssc n mt Ge5n 70 ls, .s v,
Hotel apd ben that he that .eeoupi r
aass s 70 sY. on
sfd SnsSs ,SSs bound a.
to do their duty to hs such are to 70
,sIr recurrence vim be itsqaen.. anu
Se douh. yoqr a. 70 The su Il. s sps ,su
all such doubt and make aesa on which You would
5 5n yGa
your conclusion, in he m.et the
Two Pa.is, had been formed In hI.
es. "Sns s@s r a iss
%'Ids that % M 5 say snc
fR T.. Of e.
mo eSus ssa .e ss e a. m think that
hing Of letter in that way Without .Iies
ssiS
You 81 4 nI H., sP
then hnd him guilty We other &C, on
and Of au
haze no more 70 do Eh the moster than hO.
Ths JG,y then seS ,I :. consul, verdict
T the is,.r.ton ia. III 'oai no, Jadgo ThoHpsn
sa as ssa sea.i DE-
| the u ent dssrees OF murder and mauslAughter.
The ia ssAu rsred and after rnmlnns
IN hour "a lls sat Word 70 tho Jiks tnt
agree we're brough. aBan into Court and all them
TIA. a. likelihood az ssns they were dis.
| cta ed.
The Judge Z, .l.ssd tina. the Prisoner better
move 70 r9lhe county Tor his ext trial would be Imp
olf 70 get jury here Without ofngng
county ana that ozlns 70 excitement another trial
had In THIS coily several mites ugge'ted and
length agreed that th- Ps,per should Bedfrd
| ne tried there at the next Circuit Court.
The Judge iscinei firnsh
he the Jury had
| nd the caus- had 20 be again tried,
rns Our, then aurnsd this having up en-
| tire tern.
Nm A. D. BRowS, OF OpiIak, In this State has
ted ne" EScayatug Macnire, which bids fair TO super
>ede those no" in Tho great desiieratum 10 RAJ,
road building the cbeapness which the work can be
executed, aud Mr. Brown by his invention has done
much We think, towards the accomplishment of this de.
'rable object Among the many advantages Mr. Browns
nachne possesses those u,e are simplicity Of
construction cheapnoss as compared with Others and tho
remarkably small expense a which IL IL workod-an en-
gine OF two horse power will DO sufficiently large
and Is calculated to do, With Ease half much work
ths largest Excavation, hh tho cost This fact
Of ITSELF there others, would bs sufficient 10
recommend il 70 general TIE principle upon which
II is constructed is such that II will be likely 10 get
out Of ordgr but shoui IL become So will DO easily ro