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


before b. They call for him at tho Hotel and wer,
profound stranse 10 each other. yet B, without
seeking an Introduction ~ @ calls him OUT and takes hin
into the passage, aud says 20 bin, am the VII,
advised Miss not to accompany you to church. aud ="
did because your character is such that did hul
prudent or her 70 60 with you" Be- purpose obvious
him OF hght, ID came In . menscng TO O. hav-
log his hand Ia bis breast though no srsspny
weapon II was well calculated To take by surprise
and to oonaso him that he would not know HOY
But the statements Of O. In relation to this matter ate
having been introduced by the Commonwealth sough
arc asked to dsbelieve every part Of that 10 favourable
to the priso' eros both before and after the
awful tragedy arc entirely consistent throughout
| agree precisely with the circumstances proved.
In relation to the crcumst regard tho inter
view. the two Prosecuting Attorneys differ totally and
both OF them read the rules circunsantal evidences
showing that there doubt 10 the minds Of the jury
they must acquit This Is Of itself enough throw !
doubt over the whole matter aud to justify the jury
| acquttpg the prisoner. O. was then insuted aud
Wronged throughout and then B. through false sense
honor, intmidate him and make him COVER he
fore him. b. turns away having insuted tho boy that
had never injured him. and tells umes and Horner tha,
as sst a. he erpoeted He Aai not courage srike
child" He then sends word to Miss A. that he had
gone to see o. aud had told him that ne the "eaa
niator b. did all OF this through false OF jus
tice. U. thus warranted his conclusion that CON.
onAtion formed against him, and Dragging that
they had put him down aud were resolved to keep him
| down. -.i
" went 10 the Church, the only place that he could
with B. and there seeing b. pass and his lip curl
with contempt and rproach upon b asked him out and
required him to give him explanation for his conduct
towards him. O. should not have to Church night
Tor the purpose Of having Interview with B. Ii was
| an improper tim, aud place, and the cause
Of tho great public indignation the time which
caused all to style the act which followed from tia "back
assassination" II O. had held his interview with D. In
broad day light acd at proper place he would have
justified by that community which has condemned
him. It would been at least considered a case OF
4, HIM, ri Ia fha
pey considered formed against him. that induced i'm
hi nsef he did before he hold his inter
view with d. He then took up arms against his oppres
Every one will admit that T. must under these cir
something Three persons had together
the intervie" at the passage OF the Hotel ntmida-
him. and cause him TO cover before them. Il Is insisted
by the Prosecution that o. should have challenged b.
rather than go intu the matter as he did, Il strange
because did do what they think he should
ione ('end challenge which itself FELONY, under
he circumstances must be convicted OF murder All ca
companions insisted aud advised him that he should d.
something. He was then bound to do something The
| PERSONS who Condemn him q murderer, would
| scoied at him and treated him bighed
LASTED thing, IL he had patiently borne his insults.
hen demand his acqaai in the Of that Law who's
is in the bosom Of his G 3D. and whose voice tn.
universal harmony OF nature. He then bound to d.
uehing, aud he demanded apology. aud B. refused
aud when told OF lis conduct attacked tho victim
| ] his abuse.
Jadge b. then referred the good character sustained
" the prisoner by his rtspectsble neghbors who had
here testify his excellent character aud limo
ent and aniable e II B. bad been thath high soued cb.
that is claimed for him here ate,
that spirit the time, he bound have made -n
explanation TO y. Of his course aud declared him ID
intentions we're not 10 Ijure him, that no wou.
~ release him from the imputations which he wa
freed bear b. refused all this, and determine,
rvet this degraded Character upon him. from the cir
| umsuances proved in this cause.
Judge D. then went Into argument in relation to tn
oston Of the parties when the fatal wound Inflicted
nd IN rels ion 10 the testimony pr wing pools Of blood
nd To the th.'ries by the counse
| IN relation to the same
judge eierred the fact that he had not heard
evidence with the intention Of argument of the
,use, yet his great interest in the caused him
emrmbrr materia. circumstance His love and
gard for the unf boy upon trial for his life
dr. c. had been member Of the Judges Law class ha'
aused him 70 remember il, and to every exeruon o.
his lie. He referred TO b. having c. down upon tn.
,round choking him DEATH aud that in the sgouies
sing his life, had uh c:ed the unfortunate wound
resulted in the death Of Is. l. had even pre-
ended here by the private prosecutor that these marks
al been made upon G. as ground for defence. Judg,
declared that he would occupy the position here
mis- enforcing conviction of the prisoner by such argu
ueuts for all yhe wealth OF the world, aud that no con
liberation could induce him take upon himself respop
s'bility SO weighty to his soul.
The Court adj Iurned for two hours for dinner
hear suggested the streets that It is rumored III,
sratagem between Mr.. Mosby and myself for hir
pretend be SICK ond enlist the sympathies OF ID
Jury BY that means in the prisoners behalf and then
would take his place here. This is but the msignty
/
20 attempt supply the place Of that gentleman and
lid know that ! would be under the necessity of ar
uing hi. until an hour before came here. ha
suggestion last evening that Mr. II. would likely
unable proceed and that gentlemans assure
ne this morning, that Mr. Mostly would be unable to b
here, and that It would be dangerous for him I
come.
Judge d. then argued upon the circumstances tina. lie
the tragca affair. He pointed the course of III
parties after they left the vestbue Of the church, Tha
U. at er getting OF the street demanded from b. an CT
L n ,nl H., a
the last Of justice to the p would made no rep
ation for the injury he had DONE O. then told him tina
he had acted ungenemany." B. told him mot to re
peat n @. said "you know that it is truen b. seize
MIN and threw him down, and choking him TO deaf
when C. drew the knife and made the fatal stab
Judge b. again here referred to COL Smiths "takin
the responsibility" Of diverting the funds OF the " H.
the prosecution Of this Boy" that il a monstrou
in Col Smith to divert those funds seek the bloc
Of this Injured and unfortunate young man, and insiste
With great vehemence that il would meet the condemna
ion OF all well thinking men, They wanted nothing les
han the blood Of q. they would have been
.ager in divertpg those funds prosecution.
Judge Is. then went into the argument Of tho law q
sell defence, referred 10 some authorities su
ain his position.
Justifs lie "self defence" is where party i,in grea
hanger apprehension Of great immediate ersona ia
II II il Is necessary his protection 10 advance
nd kill his advers ry, he may do so. Ho ref rred
OF Selfrdge tried 10 Boston years nee 70
killing Au.tin. This case referred to by several
e Counsel as exPoundng accurately the Law of "sei
defen O." II the Law Is correctly stated by the Ju ig,
tn trial Of Ssrdyc, then the jury acqut the PRISON
in this Nesy all the Physicians testify that the
believe that %. had o. down and him. when th,
| +tal wound was given, sud the Common wealth fndn,
the testimony would not do, by their outside agents
| uum up number of witnesses prove tho second poo
II blood. have doubt but that they believed wha
hey say but they belo class Of persons who whet
they hear any thing strange yes II koew BEFORE
Il expected that il would turn So" They make on
third pool OF different aud locate IL 1t diferen
| Iaces. He then inmerted at large on the realty,
'eght Of positive aud negative evidence, aud ieelingi
'lIud.d TO Irish estof Mr. Achle the subject
ositiye and neg proof which had produced grea
iugh, ani Judge b. said il caused tho blood to rur
old in bis veins-thst such mirth should be excited
uch jest the most tera part OF The evidence in
fipiuaI case Of the importance Of this. That IL was
matter that should be treated with great seriousness
Judge b. then into a careful examination OF th,
violence and crcu instances Ia relation the conHict
nd the third pool Of blood-and insisted that iiC hac
| ot killed Is. thEl b. would have killed U.
He then urged jury acq nc the prisoner and send
im hence aImOnsnrd to go aud commit wrong here
rr-restore the boy TO his weeping mother and heart
broken sisters, and you viii, sincerely believe dis
;narge your duty the Commonwealth aud 70 all other,
| - he IA "a suffered greatly already.
Judge Is. concluded his able and esctinp arpu-
nent Of lie hours by powerful appeal 70 the iry In
ehaf OF tho prisoner urging them 70 show the
| n tha Mi hs oil, nd IA