Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1854-12-09

H. Institute to the employment Of Counsel To aid that
prosecution. This belief f-r is producing sn iriprcs
sion nn'avoraS'" to and to the lasi,u,e. Knowing
IL 10 be unioundcd in TRUTH Thought NV duty To ap-
prize you of s existence that might, take such s,cp
In reference to it, us you should deem advisable.
Several Intelligent 81, ilemen her, and elsewhere ia
king for granted that the thing go have expressed
surprise to me that should have assumed such respon
sbiliy o course, have given the proper correction
aud explanation whenever the opportunity Afforded
Most truly, your.,
(Sisucd) THOS j. NICHE
Here isa letter from Mr.. Niche, Who Of all men, cueh,
to have known upon what responsibility he relied for his
fee, written one month before my Report to the Board
Visitors had been prcpsrcd-writtcn without solicitation
and giving, In language that cannot be
positive denial TO the charge that had been made
"hnoein9 Il TO be unfoundtd ia traih"-"of course
have given the proper correction and explanation wh.n
ever the opportunity afforded" lu my reply to Mr.
N. state that " have determined that Board OF
Visitors meet soon, will forbear all reference In
tho public prints To notice the publicly would
be to imply that felt the force Of the complaint alleged
and feared the effect Of public opinion while any cou,
municstion on the subject, however dccitey prepared
might be interpreted a. Quo means of rreudcing The
public mind against the prisoner directly aud Of
hciay responsible to tho Board OF Visitors To them |,
IL my duty report all my official acts aud 20 them
shall make full expose Of all the part have borno in
this whole transaction" This Is ALL The immeci,te
relatives aud friends Of Cadet Blackburn knowing at the
time, they had the fu opportunity Of knowing tina,
had heard from the Board o. Visitors or from Dr.
Blackburn, to whom had written; and had therefore
from the Of authority bind either the Institute or
DE-. Ii. Tor the stipulated oe assumed all the pecunary
responsibility myself voluntarily came forward and ol.r.
ed to protect me from pecnnary loss should either the
Board Of Visitors Dr. b. fail relieve me from this
responsibility This fact is distinctly announced in NV 10
port the Board that feelings OF deicacy towards my,
self personally might impose upon them no constrsut
but that they might be free their sense of duty
or Of policy might dictate.
Now, any Of candid mind believe, that with
the distinct dsavowa OF authority appropriate the funds
Of the Institute without the tut Of the Board of yisi.
tore, for the purpose specified aud the knowleds edye
my part tina; ha actually assumed myself personally all
pccunisry respons by in the premises could assert on
oath, aud that, too, trihoA morr, the very oppo-
stcy
More than this the argument based upon the evidence
which is reported be correct it woull 20 furhc- and
Place me in the absurd position Of appopraug the funds
OF DIR blackburn himself without his knowledge
Tor the same language reported in both cases. "paly
at the expense Of Dr. b. partly the expense Of the
si;ute.'
No; this could never have been nv intention in the owl
dence which give. acted tho rcprs ntativc Of the
ntees; Of the Institute aud of Dr. b. in cugagng the SER
vices OF Mr. Niche =, Tar my official responsibility IS
full aud comple;e-to the Board of Visitors for the duty
discharged TO the Institute; Dr. B., for the duty DIS
charged TO his snr TIE iurds of the Institute were un-
Ger the control Of the Board Of Visitors alone and could
be pad or pledged only by their authority. The funds of
Dr. b. could only be involved with his consent 1 know
this-and, therefore, with just rcgrd to SO plain n
principe o common ard Of right in my letter 10
Mr.. Niche assumed all peculiarly responsibility myself
giving my individual oblg him for the entire Zee
uu the authority If the Board Of Visitors on the one par;
and Of D. r. OF the other, might relieve The
sponsb y~hiis' rug erpSct,d aud bcliered that the
subsequent action of both parties would relieve
~ Ny expectations iully realized so far as the
relatives aud friends of Cadet Il. are concerned.
This plain statement OF facts shows how easily mscon.
ccption may have aisen ia cOnoundug the ocidi re-
spo'sibity involved IN employing Mr. H., uLdcr tue
Pecation that the Board Visitors ,pprovrd the act
the Institute would bear portion Of the EXPENSE viii.
The private !adviiual pccunary responsibility which
also assumed-a Distinction all important be
but which language, not carefully reported and critically
examined, might leave ambisuous-abd especially So
VIXEN the point aimed by the iuterogatory 20 Cadet
horer, which drew my evidence TO discover
my part IN the Transaction. bu whether any Cadet had
contributed to TIE expenses OF The prosecionl Ca the
other a tue reported evidence do.s give the inter
tosa'oFies OF counsel or explanatory made by
witnesses in connection with their evidence; and there
FORE does not proper record of the scope or in
tent CT the language of the witness Mr. Mosbys report
oil my evidence on the point a, issue is oows-I copy
With strict regard TO his own punctuation
II had also written TO the father OF Cadet B. ard the
Board OF Nsitors expressing both views Of the case
ahd oil me necessity OF having Mr. N. additional Coun-
hearing from either had take the respou
soiy myself aud employ Mr. " Snp,. of the Institute
partly at the expense vi Dr. B., the decedrn,s father
and partly AZ the eIpease of the Institute No Cadet ba
Counsel"
An how did the expense borne,
s she sIp : Z, Dr. g. sis
the evidence perfectly eons,sn With ny satemen,
seti'a a? sosss9n q s sds
eesf I q there Ss:e1 ss
and before Of Visitors. 80 far a sa
IA hey the should be could to
o .As h.r 1 e. b copying
to The Governor, July 1. 1854: ''''''' A'i'e'''a
,, Ks.Fse. from Report Of Committee Di.cplae)
he eSsasee .ns s Isn1S has s
IA ,io 80 seere al as upon The occurrence Of the
it n Ct that a, rs 100
mos. n s s 1s s might
naI S sao.s apssory a, eSnnandns ofeer I, Away
ss If s1 .a, ss "a Il .g
TyHs 't @,iof most .sf sSSa
u ,hsE an ssords The very best usaOn of the perfect
Extract from the Report Of the Board vi,itor,)
hun sSh5eon with The psaiaSa'e Of the death ofeade Black
action Is asked by that officer we would
nor deposit, hs e sni. ss .saa Hs 3. s6 Of
n ne Of should tey
,a . z, g. ssa ID Sd S %es
% EN- q q Ts @ re- 4sriss ,,S s , gisa y 5 s
f5a .as, s es;;3 ;g GssgSe%
'a 1s sis e ~ mot SenerS%s and ira" .. me-
ts ""hs; i"gng out Gfh' close association ,eiA 6is m
d m,i a. ne .,b nnnrd Of y,'o paid portion Of NJ h
ednci,on could have been applied to TN OBJECT
rae entire fand derived from the State has been
sss f b5al Of y v.i ana n nsTs
mos, to provide fully
ai1 ifonie contingent Jrd the fund Is de-iy
"a ron HE fHHio os Cfpe Cd,s AeDsr,s-a which
Contributed L.Cst largely and most essentially
ne comfort OF the Cadets. and ahich ts
arsei With an1fdng them that legal which the emer
nci-s Of the event demanded 80 the
attempted 70 be sed by diversion public funds.
TO Va. education OF the orphan the
BASED upon an Hypothesis which oa1rded admirable theme
'f exciting 'ympha'iss In the case and nothing
a., FRANCIS II. SMITH.
ts Jas! ~ closing the above received
ctter from Thomas hitic Hsg
Tract: ITO
(copr)
,,n g., srAuSros. December !. 1854.
psr siri oHly returned from Cov!ng,yn last night aud
yihn three Of your letters waiting for here
I mol neei Of Letter yOu fot,
rhs 70 remind me Of the portion you occupied
Ie. III n9 UhEi'iian Gaze nsunLerstOoI you
'neh'. nsvsT Authorized by you either verbally IN
E'ttg 10 look 10 the institute my am part of IT, You
y LITER To me made yourself ndIiuaIy onbie the
w. aud that responsibility fully by
rom h's " last In Conversation told that Mr BACK
lenh. had agreed TO relieve half the
-, spPe .othr visitors relief from tho other
put meyer ieilmaed a he'd any thought Of applying
we gnIs OF h' InIuie for IL payment unless ~ ap,oIsd
5oru our correspondence has beer tnislad or
Nona ssnd you your letters 70 Dat do not nre
flerntcr their substance IN this 10
e, wiz gay that have rad the printed copy Of Re
spft 70 yoE Board, touching employment In tn Christian
case aud lna u accord sny With recollection Of the fae
boItTgy YoE1l -
Cot. p. II. EsiTg, Lexington Va. ~
TBE sroRT RoUrg TO CiuroRsA, -Tne San Francisco
Herald OF a late date saysi-