The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1854-04-28
duty, in msnner consistent with its weighty

=: SAs ~ " MF. MIehle p0Sltt0n
IN this cause, and that he had been EMPLOYED
by the friends of the deceased and the Y M.
/, 70 interpose hls great intellect to sustain
the cause of the Commonwealth Tba frnds
appropriated by the Legislature of the State state
to purposes of education. had been imnro,,ar.
~ contributed to add additional malipnitv and
venom to this cause. This conduct n ner-
yerting these funds was worthy of all denun-
citation. 1t had been done for the alleged
purpose of protecting the memory of b. hut
VINO was here to plant nettle on the grave
OF that young man An were willing to ex.
tend to him the most irreproachable charac-
ter. 1t has also been said that this fund should
DC thus misdirected for the purpose of sustain
ing the character and position of the " NJ l.
Col Smith has, through grave mistake or
desire to pander to public prejudice, thus ap-
propriated these funds to seek the blood of
tne prisoner: This is singular act of patri-
otism, 70 be thus appropriating these funds to
a private prosecutor, who has with great
ability discharged his duty and earned his
fee. 1 reflect not on Mr. Michie, as l know
him to be incapable of doing ANYTHING which
he believed to be wrong, for any pecuniarv
consideration. believe that as noble 4 heart
beats in his bosom as in any mans. He has.
however, thrown out of the cause every cir
cumstance and consideration that could
weigh in behalf of the prisoner, and urged
A.' Soh'ASeioh Wy CNcI uIIl6nI ana oVGrY
circumstance that could drive the minds Of
the jury to conviction of the prisoner of
murder in the first degree Mr.. M. had his
clients behind him urging him on, and party
to give satanic laugh at his jests and Jokes.
and at the positions assumed by the defence.
and who thus attempts, by thatviper's breath
of popular prejudice, which has pervaded this
community, and even entered this sanctuary
of justice, to give weight to the prosecution,
and to the conviction of the prisoner This
is the course that has been pursued by the
special and private prosecution of Col. Smith.
The Commemorative Attorney has not gone
thus far, but fairly considered the circum.
stances and evidence in this cause
Judge b. then went into a detailed state.
ment and consideration of the evidence of the
case. -s g4.r.@
G. and B. had come here as high minded
respectable young men, and upon perfect
equality, and had been received in the COM
munity as gentlemen. G.. becomes acauaint-
ed with Miss A, beautiful and accomplish
ed young lady, and engages her company to
go with him to church, and sometime after
wards she had even thought proper to remind
him of his engagement. When his heart was
warmed and enlisted for the young lady by
her smiles, elected by his respectful atten-
tions, and when he was animated with the
purpose of even addressing her and seeking
her hand, he receives the chilling note that
4 Miss A. declines to go with Mr.. G. to church
according to engagement" Mr.. G. knowing
that there was some cause for this treatment,
and naturally supposing that some one had
been slandering him, wrote her note, asking
in the most respectful and flattering manner
for the name of his "calumniator," and if it
should not be given, that his note should be
returned. No answer was returned to this
note, nor was it returned itself Some two
weeks afterwards, Mr.. e. went to Mr.. Moore,s
to see Miss A., and she refused to see him.
He bore it all, believing that he had a secret
enemy who was thus secretly injuring him.
His note is then made the subject of merri-
ment between Miss A. and the unfortunate
b. Mrs. Moore innocently asked Miss A. to
show the note, not for a moment thinking
that any difficulty would arise from it. 1t is
insisted here that the spirit of honor, as die
tated by the code of honor, required b. to
notice this letter, as the person who had ad-
vised Miss A. not to accompany Mr. G. to
church. But this code of honor is denied as
applying to Mr. c., and from the argument
he is not to have the benefit of it. Mr. L
had violated the fundamental principle of
this code, which was to wantonly iniure or
insult no one. b. had acted through mista-
ken sense of duty and honor. lib. had gone
to G. and told him in aproper spirit and cour-
teous manner, the actual state of the case, and
that he knew nothing of him personally, and
had given him his author, the matter would
have been amicably settled, and Mr.. Humes
by stating how he got his information of Mr.
C.'s character in this community, would also
have been honorably acquitted B. disre-
garded this duty to c., and seeks Cadet
Humes and Herner, two of the stoutest and
most athletic of the corps. He goes with
them in a hostile manner, ("with hostile
purpose" as Horner says in his testimony
thinking and intending that G. should cover
before B. They cali for him at the hotel.
c. and B. were profound strangers to each
other; yet b., without even seeking an intro
duction to e., calls him out, and takes him
into the passage, and says to him, II am the
man who advised Miss A. not to accompany
you to church, and II did it because your
character is such that did not think it pru-
dent for her to go with you" BIS purpose
obviously was to put the alternative before
Mr.. G. to cover before him or fight. b. came
in menacing manner to C., having his hand
in his breast as though he was grasping q
weapon. 1t was well calculated to take c.
by surprise, and to confuse him SO that he
weuld not know how to act at the time. z
But the statements of g. in relation to this
matter, after having been introduced by the
Commonwealth, are sought to be excluded
from the consideration of the jury or they
are asked to disbelieve every part of it that
is favorable to the prisoner. G. g statement,
both before and after the awful tragedy, are
entirely consistent throughout, and agree
precisely with the circumstances proved.
e In relation to the circumstances IN regard to the
interview, the two Prosecuting Attorneys differ to-
tally, and both of them read the rules on circum
srantial evidence showing that If there is doubt
in the minds OF thejury, they must scqut. This is
of itself enough to throw doubt over the whole
matter, and to justify the jury in acqutng the prs-
oner,--C was then insulted and wronged through
out and then b., through a ialse sense of honor,
comes to intimidate him and make him cover be.
fore him,-B. turns away, having insulted the boy
that had never injured him, and tells Humes and
Horner that itpas jxst a. he erpected He has NOT
courage to strike child = He then sends word 10
Miss L. that he had gone 10 see G. and had told him
that he was the Heafassniafor.y-B.d did all of this
through afalse sense fjustice was thus warrant.
ed in bis conciusion, that combination was form!
ed against him, andw Dragging that they had
put him down and were resolved 70 keep him down.
! C. went TO the church, the only place that he
could meet with B. and there seeing b. paes,s and
his lip curl with contempt and reproach up0n him;
asked him out, and required him 10 give him an ex
PLANTATION for his conduct towards him. C sshoHld
not have gone to church at night for the purpose
NJ n Wins an yrtnrvievw ssjf n saa m iu7e5FOU.