The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1854-04-28

n Ten LinEs o. tnss 49,. ]. -. s.,ss -
Ssss en.s ensfsed IN exact psopoffio. - isonssf
sres. Il stsethas c. had bseu erisvo..,. -.
yet this giyeshim no right to seek rev eprer ~ g
efess OF his wrongs. This does NOT chss.-. 80 - =
80 nom being murder of tho frst dexree. Ths ~
uted tribunals OF the country fof reres ~ g.
wIonss and he has right to take the u,eater &.
nc. g gwn ~. banda Il setting under such griev
safs ss u sucn nature. he seeks his adyerssry md
i An's naM, Y murder Of the 6FH de4reos If he
sommhe murder under such circumstances, ii d NOT
ior you TO pardon him for the offence. The \.
doning power ana thc ssfribute OF mercy hslonr 10
pardon the prisoner, but you have no power over
| Although the circumstanees werc su.uicious a.,
the part Of B. at the interview in the passsa2e and
indicated that B. wished to intimidate c. ssS n,ss,
have been armed, yet G. had Tina to reflect and cor
suit his friends He then went and purchased re-
volver, and the circumstances lead 70 the conviction
that he bought Il tor the Conflicts He got posses
| sion of Mr. Winns bowie knife, and armed himself
for the conflict did not say az was alleged by
the counsel on the other side, nor did Mr. Niche
say that G. should have challenged We only
said that It would have been better for C. to have
done SO. c., thus armed and hearing the church
bell ring. said to his companions, II must 60" and
| thus be went to the church to look for B. Can
there De doubt then that the panwas all laid afd
g. had determined to take B out for the capaie4
Il appears that c. was excited when he asked b.
out. They go out into dark cross.street 1Js
declaration made Afterwards Ia relation the con-
nict, were made under circumstances that would
induce him to state them fayorably to himself Did
| he think that an explanation made by r. 10 him
alone there in the dark, would retrieve his reputa.
non 70 the community, and would be satisiaction
He should havereqpired the explanation to be /,
maze In the presence of others if that was his pur
Rose snaI ne might be set right in the community.
| =. Drought ON the conflict, and then killed RI
even though b. had him down Al the lime vel he +
guilty OF murder. He read here some authorities
sustaining this position and said that he coucurred
with Mr.. Mchie 10 his position on this point =
| If c. calculated on acting on the 1.,,e,n..
tive that B. might offer-it B. made an expIana.
ton then all would be Weli-if he refused 70 eve
the heexpanation--then {. intended to use his wea.
| pons and thus kill him, C. cannot now rely on the
plea OF .'sef defence and Is guilty of murier of
the first degree He thus carried out what he had
formerly declared he would do. 'e74 ss hshfsoafss
When refused to apologize C.. then ingulted
him expecting B. to strike him, he would then seek
bis reyenge-B. did not strike him at once shut told
him not to repeat it, c. according TO- his own
statement, did repeat ID, and then B. took hold of
the purpose. 9di 7di g saa3 81 1ss7 q 9sl
Capt. Moore stated thae he differed With Judge
Brockenhrough and also with Mr.. Afichie 10 reis.
non to the correctness OF the law on Selfridge's
case. Judge B. thought the law was correctly
| stated In that case. S3 499f97ssd M. SIT
IfC did any thing that brought on the conflict, he
adversary be is guilty Of murder G. was NOT ia dan
ger of losing his fe or of even great bodily harm a.
he alleges, when hs inflicted the 5stai Wound Few
persons are killed BY choking in fght and It appears
and Vas sbs o'i q se s ana 'hTas 1a
Capt Moore then went into an examjnation n re-
laton to the proof third pool of blood and that
Sow sns hsa sss the
up no theory nor we're they bound 20 set up anysre
fs' dssaes j. ,ssss e h ,h
set up aud sustain an hypothesis Of innocenoe. The
existence Of this third pool had been proved by some
Combat and could as blood s point
where they supposed the parties to have been. and
they seem to have thought that parties ght accord
ing to the rules Of msthe msIics, and have aecnrd
the parties were scuiiins The only rational soiu-
.sthat this third pool had from before the
wound must have been given at the beginning of the
tight After the eonaict @ spIang upon the psysr
was lying PROSTATE on the ground, and dying from
his wound. G. then must have known, before he
went to the hotel that y. .dyins man He thens
CAPT. Moore re- them % .ahorsea ths jar py o wthdw
ltheir minds from every other consideration except
taa .sg
must discharge their duty By finding him guilty. and
has power 70 .temper the wind 10 the shorn lsukf
DO net lhink that G. intended to dee when be Ie-
him. He seems to have relied alone On the ground
of 'self defence, p about which he seems ~ haSas
as sas bosn e q o
tce to the prisoner they bound to- their dutyf
punished, the safety ana peace Of society is sndan
sered, and their recurrence will be frequent. fs.
the degree f eSdsncs e.
g the guilt Of the prsoneE you should acqaif hn =
IT. on the otber hand the evidence 50 streng tor
which yo @ would scs Il matter sa' u s.a inporssnss
Niche and myself differ toto caIo in relation to de
weight TO be given 10 the provocation sNo imust
weigh the circumstances and form your own conclu-
Two parties had been formed IN thi. community on
this judicial investigation pGsebfhat
o :ns C. bssinsss as s
bonum" MI. B. was wIgss III making his sfpnpH,
G. did anything wrong bsrs, except that ne Svss
suilty Of some fdyolfties. II wogld consider i my
COMO farther than the facts warranted Ifhink that
as u SSsR.s a.s & MI g. =
10 that way without asEips Miss Als eansssl- p,
ss dss Iss e s ss saoss 5
something for his character under these ercuU-
stances: Butc did the worst thing that Hs soald
You can give whatever weight You think proper
to these opinions OF mine. II you think that the
prisoner Il guilty you must then find him guilty.
We have no other way but to act ON hnmsn testime-
in fully considering the matter and then the
csnciusion of guilt. Your conscjeneesi have no
more 10 do with the matter than those Of other per-
sons, the matter Is now with yoa. 80.
The Jury then retired 10 consult on their vesdItt
After rernsinins ID thsirroom sbont hsif an hoas,
shey retained into Court With the declaration that
they could not agree. ,Judss Thompson than read
TO them some nstructions that he had prepsred de-
6nine the law clearly on the destinations and char
.ri.fics Of the different degrees Of murder md