The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1854-04-25

ShSuiustdHce, uTet KNOWN ana proven
curing the progress of this trial. As the Common
wealth has introduced evidence In relation to this
thiru pool of blood, it is incumbent on them to re-
conce 1t with the other facts proved and to estab-
isa tneir nypothises beyond reasonable doubt and
a reasonable doubt 10 Left the jury ia bound to
give the benefit of that doubt to the prisoner. He
then commented upon the testimony estabishing
the existance Of this third pool and the evidence
OF the number of respectable witnesses denying that
such pool could have had any existsnce and that
It was impossible that the third pool could have
peen where described by the witnesses, and no
blood from that point TO the spot where B. and G.
were down together and that If the wound had been
Inflicted at the pretended third pool B. would never
nave been able to continue the fight to the other
side OF the street, and there have choked c., and
have again arisen and staggered some twenty feet
to where he finally fell Col Smith, Major Preston.
Dr Junkin, Mr.. Massie and DR.. Davidson, all testi
hed that they had examined the ground for the pur-
pose OF finding blood where this third pool is said
TO have been, and were unable to find any after the
most minute examination, repeated on several oc-
casions. They think that it is impossible that blood
eoulo nave been there and they not have seen it,
Most OF the witnesses testifyng to the existence of
this third pool were BIASED and prejudiced against
the prisoner one OF them said that he consider
ed the killing black assassination and they all tried
70 see blood where 1t would be most against the in
nocence OF the prisoner for it to be- The evidence
against the existence of this third pool when the
witness had gone to the ground for the purpose of
examining that spot is much positive evidence
as the testimony of those swearing to the existence
OF the third pool.
Mr.. then insisted that it was apparent from all
the circumstances, that c. had not inflicted the NOR
tai wound until he had been abused, assaulted and
ehoked to sutocstion and then in e1tremis, he had
inflicted the wounds on Z. He here discussed ,be
law, and pointed out the distinctions between the
different grades of homicide, according to the COM
mon law, and the statute in Virginia
Alter MIR. Stuart had spoken three hours the
court took recess until after dinner-the sick iu
being again unable To hear the
At three o'clock. Mr. Stuart again proceed ed with
his argument.-He here read number of authori.
ties and reports OF similar cases-in which the pri-
seners were acquitted. He then referred to the
marks in Mr. C''s neck, and to his being choked
until he spit blood, and that he was overpowered
by the greater physical strength of Mr. b. and was
justifable then, in the eye of God aud Of man, in
killing his adversary That it was the natural feel
ing that pervades all animate nature to resist
wrongs and to resist even until death for the preser
walton Of his own life. In that case, he is RENTED
to his natural rights,--the laws OF nature and of
God, are above all human laws,-and far beyond
all human legislation 1t has been declared by a
higher law, that thou shalt not kill" thou shalt
love thy neighbor as thyself," and to "do unto
others as you would have them to do unto you"
and 'when you are struck on one cheek to turn
the other also" II these rules were required to be
carried out literally there would be no christians
1t not expected that they were to be acted upon
literally, and so with the laws ofmen Their spirit
to be carried out according to the principles of
common sense, and according ito the judgment of
the prisoners peers. If tkis were not the case no
law could be madepractical, and carried out in the
manner and spirit of the law maker There is no
provision in our Code on the subject of "seLf-de-
fence" because 1t was of such nature that the Le
gislature hasi never attempted to define what were
the rights of "se defence" but left it to the uries OF
the country to settle 1t accordngto the crcumstan.
of each particular case and to give scope to the
natural feelings of the jury and their opinion of the
case from the circumstances proved. And the cases
hiuc ahnxx ftofsx hall.
that his lite is in danger, in peril of great bodily
HARM then he lie jusifable in killing the assailant
and heis justified in killing him ifhe believes is ap
prehensive for his life, if it should afterwards
appear that he was not in such danger. In this
case G. was shocked to such degree that he could
not even call out for assistance. Although it may
appear that Mr.. C.'s lite was not in imminent dan
ger yet it appears that c. only intended to inflict
slight wound, and unintentiOnally killed him. then
the jury must bring in verdict of not guilty.
He then appealed to the jury, that in few
short years they would have to stand as culprits
before their God, they should now judge as they
wished to be judged. He reminded them of the
youth of the prisoner, friendless and fatherless
boy, and a stranger among us that the prisoner
trusted to the intelligence, the justice and the
mercy OF the jurors in this the hour of bis deep af
Fiction. He referred in most feeling manner IN
C's friends his associates and his classmates not
deserving him in his distress and in bis wretched
condition.
His widowed mother was here, anxiously wait
ing to hear the issue of her sons fate-to know
whether her son should be consigned to felon's
doom, should be set free to join her and to con-
sole her for the short remnant of her days, and be
her JOY and her hope or her eternal sorrow. His
Young sisters Just blooming into youthful lowell
ness and in the spring time of lie were here alec,
waiting to hear brothers fate, and to learn if he
was to be consigned to dark cell, and to leave
them his sad fate for the rest their days
1t was for the jury to say should that be free,
and be delivered back to his friends that the
joyful message might be carried to that mother and
those sisters that her con 'was lost and is found,
was bound and Is free. -
Mr.. Stuart concluded his address to the jury by
most affecting appeal such it is in the power OF
few men to make, aud such as Writ only could
describe
THOMAS ]. NICHE then addressed the jury on
behalf of the Commonwealth.
After calling the attention of the jury to the se
rious obligations resting upon them and that they
were bound to acquit the prisoner if he was inno-
cent, but that if he guilty they should execute
and enforce the law without fear, favor or atfec-
ton.
Mr. NJ then explained to the jury how he hap.
pened to be engaged to assist the prosecution-that
he was here from high sense of duty, and not for
the sake of the fee that he was to receive but as
Capt Moore insisted upon his engaging in the pros
ecution and as Col. Smith also desired his appear
ance in the case His desire to assist these gentle
men, and from personal feelings towards them, and
on the application of the father of the deceased to
yindcate the character OF the deceased. ne con
sented to assist the prosecution If it had not been
for these considerations for the purpose merely OF
having the law vindicated, would never have ap-
peared in this cause for any fee. do not appear
here to stretch the law beyond its proper bounds,
to seek to infct vengeance the prisoner, and to
become the "persecutor" for the friends of the de-
ceased and the NJ.
. He then referred TO the deceased having been in
duced to leave the Church of Cod and being enticed
into dark place, and without one moments war.
ming he was brought to sudden death /; and the
defence up by the guilty party is "self defence
He insisted that if all the declarations of C.. himself
are taken It'll still of wlful, deliberate and
premeditaied murder; but lfthe jurors have a ra
tional doubt upon their minds of the guilt Of the
prisoner, they should acquit him. The law was
careful of the lives of its subjects and none but
those who appear to be clearly guilty should be
punished. That SELF defence had been clearly
defined in the law, and unless the prisoner was re-
duced into q condition requiring him to kill his ad-
versary for his own selfdefence when he had not
caused the emergency to arise. he 10 tjustied 10
killing his adversary. And C. brought on the en-
ergency by beginning the affray, and was then re-
duced to the necessity of killing B. to save his own
life this is no self defence The man who does the
first wrong, and brings ON the tight is responsible
for all his acts during the aray, and II bis adversa
rv kills him he has M rioht q the excuse