The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1854-04-25
In the Circuit Superior Court of Rockbridge
County.
JUDGE LUCAS P. THOMPSON. Presiding
SEvENTHDA

The argument was delayed this morning for
some time, by the indisposition of Juror, Alfred
Douglas but thejuror coming into Court the trial
proceeded. A crowd of ladies-an unusual thing
here-appeared in Court and occupied the bench
on both sides of the Judge to hear the argument of
the Hon. A. II. II. STUART who they knew, were TO
address the jury this morning on behalf of the
prisoner.
Mr.. Stuart then arose, and after alludine to his
late indisposition, the complained of being sti
unweD spoke of the indispositon of the Jurors
worn out by this protracted trial. he then referred
to the weighty responsibilities resting on all con-
nected with this most important trial and the dntv
OF the Jury in clearing from their minds all
ceived ideas, and of their devotiug their minds
with hxed attention TO the real evidence in this
cause He warned them to beware of the deen
prejudices that existed after the sad tragedy. in
this coumunity-that they meet this preiudiced
public sentiment and repel it, and drive it back
with thus tar shalt thou come and no farther and
here shall thou proud waves be stayed" This sen.
timent of bias and prejudice was yirtuous feel
ing but 1t operated at times unintended Injustice -
He alluded to the fact that B. g friends and great
corporation were arrayed TO support and sustain
the Commonweaths cause, but that the iurv
should remember that nengeance belongs only to
the Most High He referred to the course of the
head of the v M. l., and insisted that he had been
influenced by an improper zeal, and that he. Mr..
s., could not the propriety of bringing the
weight of that institution against the prisoner and
that he not aware that the head of that Insti-
tuition could divert the funds from their legitimate
purpose to the support OF criminal prosecution,
when the prisoner was in the hands of the law
and there were means providedby law for prosecu-
ting him, and gentleman recognized and appoint.
ed to attend to that duty and to that the law was
executed. Itwas not necessary to employ counsel
to defend the reputation of the deceased. He was
brave, he was virtuOus, he was young man of no
BILE character and was actuated by good feelings !;
yet he was arbitrary, he was dictatorial, he was
overbearing and naughty in his demeanor think
not the less Of him for these qualities butthey led
to the unfortunate tragedy He came to the Vir-
ginia Military Institute where these feelings would
be increased and he is there found to be engaged in
several difficulties. He then referred to the excel
lent character and oval disposition OF the prison
er as shown by his highly respectable neighbors,
and that he was kind and atfectionate son. and all
his associations those OF gentleman. He had
come to this community to study law with Judge
Brockenbrough. and was received into the best
company. Ayoung lady of extraordinary beauty
and attractions came here from Botetourt. C's
young heart was touched by her charms, and he
sought her acquaintance, and gave her the most
devoted attention He had even formed In bis own
mind the determination of seeking her hand and
30 reveals his secret to one of his companions -
He meets with her at the festivals and parties of
the winter season, and shows her the most unre.
mitting attachment, and devotion. He looked for
ward with painting breast to his engagement to
60 with her to church. and his feelings rise when
her to church. Thus elated, and his heart bouyant
with hope and joy he receives the cold and chilling
note from Miss A, declining to go with him to
church, and no reason is given for this sing ular
course He then goes to see her, and she refuses
to him, and he had the modification to find that
from some cause she had lost her kind and respect
full feelings towards him. He then writes her
note, thinking that some one had been slandering
him, and asks who had I'M ured him in her estima
ton. This note was written in confidence, and If it
had been kept in ndence this jury would not have
had this painful case to determine. C. had written
to Miss A. in the most respectful and fattering
manner, and gave her the opportunity of writing
to him of returning this note to him through box
10l-the most delicate mode that he could have
adopted This was not done, but the letter was
made subject OF merriment at the expense of
Mr.. C.'s reputation.
Mr.. Stuart here went into full investigation of
the circumstances that led to the interview in the
passage of the Hotel and the nature and object of
that interview, and to the fact that Mr.. B. had taken
Cadets Horner and Humes with him to that inter-
view, and the fact that B. and c. were not acquain-
tances-and that B. had sought that interview for
a hostile purpose or to ntimidate G. and make him
cover before him and that B. had boasted after
wards of his triumph over C. He then referred to
Mr.. C.. g having consulted with other members of
the lawcas and to his having asked their advice be
fore he took any steps in the matter-C. was bound
to notice the insult in some way or be DISTRACTED
from society and from the company of ladies and
all gentlemen who highly estimated character and
by every white livered coward who now condemns
him, condemned as degraded m an in their esti
nation, and he would have felt sense of degrade
ton. Then it was an imperative duty ON c. to his
friends and to himself to demand of B. an apology
or explanation Tor his conduct-C. then prepa res
himself with single barrel pistol, revolver, and
bowie knife not for offensive purposes but to be
prepared to resist an assault, and for his pro-
lection against combination. c. had right to
call on s. for satisfaction, and he had right to pre-
pare himself to resist any attack that might be made
on him. B. knew that the matter was not ended,
and c had right to suppose that B. would be arm.
ed, tor he had every reason to suppose that B. was
armed at the other interview. Mr. s. here referred
to Mr.. B. and his associates following acow-drover
and beating and abusing him even after he had
given them an apology-and referred to declara.
tions OF Mr.. c. made to his companions before and
after the rencounter, and introduced by the Com.
monwealth's counsel, that c. carried the arms for
defensive purposes only. He then detailed the ev.
idence of the meeting IN the vestibule of the Church
and on that consecrated ground, and the parties
having walked out into the cross street to McCle.
lands, and that c. then demanded apology and
B. refusing to give it, C. called him rascal and B.
seiz ed him and had him down choking him. and
when in the last gasp, he inflicted the fatal wound
Mr. C.'sstatements about the rencounter were con
frmed by the testimony of Messrs Massie and Tay-
lor and the blood the partes and the TACT that
the stick was dropped near the point where the
parties were down together.
Mr.. 8. here exhibited the bloody clothes of the
parties to the Jury, and the weapons carried by c..
andferred to the fact that there were no incsions
in the sleeves or the breast of B. Clothes and the
mud on the knees OF BIS pants. and the back Of
C.s clothes, as showing that c. was down on his
back, and B. down on top of him when the knife
was drawn and the wound inflicted. He also refer
red to the position and direction ofthe wounds, to
show that the parties could have been standing
but were on the ground as above stated. He also
referred to the fact that B. was a taller man by
some two or three inches than c.. and was much
larger and stouter, and to the fact that the cut
through the collar of 3 coat when was stand
ing, would be some one and half inchea below the
wound in the neck, showing he must have been
down, and the coat collar showed forward TO the
ear, otIle wound about half an inch below the
ear He also referred to the fact that the stain Of
bloodon the coat from the wound on the back wal
greater above the wound than below it, showing thai
the blood did not run down his back. Heinsisted
that the blood ON Mr.. C's face and head sushed
out of the mouth and nose of Mr. B. when over c.
and when the wound was given. He also account
ed for the blood the left side and in the left sleeve
of Mr. c. In the same way and he insisted that Il
the wound had been given when the parties were
struggling on their feet the knife would have cu
ont In front and the wound would have been q
cash instead of stab through the neck, not wide,
than the knife ifseli, (the knife was one and hail
inches wide and the wound about the sameo and
That tbe Aocfnra with perhaps one exception,