The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1855-01-09
LOCAL MATTERS.

examination OF Witnesses after q considerable
waste OF time In discussing the proposition, whe.
ther or not the Commonwealth bad q right TO in
troduce witness, 10 be examined In Chief after
the witnesses for the defence heard. The court
decided that II would be time enough to give les
opinion on that question, when the prosecution
should introduce wiinese The defence was
therefore directed to proceed with ts testimony.
when the following Witnesses were introduced
J, l.. Timbertake, sworn On the morning Bur.
nett was found was engaged in hauling wheat to
the city and met DR. Terrell, who told me OF his
condition I went to where B was lying and asked
him who did In ] think bis reply was, "a negro
with wagon" Asked him a variety Of questions,
many OF which he could not answer, or did not
I asked him when 1t was done-who did it-how
many there were-and what sort of wagon he had,
but received no answer. proposed to DIR. Terrell
to remove him to the Medical College in this city,
but we came to the conclusion it would not be safe
| to do So On my way to the city passed a wagon
on the southern slope of the HILL and asked the
driver a number OF questions, all OF which he ap-
peared to answer correctly. He said be belonged
TO Mrs. Hawes and had been there stalled since IL
O'Clock the night before. Said he saw Burnett lying
on the other bill, but had not touched him. Met
Bosher's wagons the next day and asked them sew
| aral questions. which they answered promptly
| Said they knew Burnett and think they said they
saw him in Richmond the day before Mrs Hawes'
driver said he Burnett lying 10 the road about
II o'clock at night, looked at him, and saw he had
been beat. | do not think Burnett was in situa.
ton to answer questions correctly though he at one
time said to DR. Terrell, carry me to your house
ard will pay you well for il. | am very cold
Vitliam Thomps0n sworn.-On Wednesday
evening about dusk met the prisoner on Valley
street between his house and Towards. Saw two
wagons going up the hill on the Meadow Bridge
road and covered cart short distance behind
them / went to Towards, and after being
there about three quarters of an hour, or may be
little more, johnson came where | was with his
little son. l took supper at Towards Johnson
and his son were both asked to participate, but
declined. johnson remained there until o'clock,
when went with him far as his house and left
him, after talking awhile in the street. When |
met Johnson. he was about % yards from home
! live about 100 yards west of him. He said TO me-
"wel I've got back again" | replied $50 | see, ;"
and passed on. | did not lock back to see Ii be
stopped at home. Johnson remained at Howard's
| more than an hour after he came there. 1t may
have been an hour or less from the time met the
prisoner till he came to Towards. When he got
there he seemed to be little out of breath, if he
had been running or walking rapidly His son did
not have the same appearance. | know we LETT
Towards at o'clock When Johnson came to
Howard's he had on a thick brown coat
John Houard, sworn.-Was standing in front of
my house Wednesday evening, when Mr.. Burnett
drove his mule in the creek aud watered It, After
he drove off, two wagons drove up and watered
Johnson then came along, and him and myself had
conversation about puppy and some chickens
Mr. Gaines and Mr.. Puryear came along from the
direction of Johnson's aud stopped, when Johnson
started up the road, saying he was going home 10
get his supper Shortly after Mr.. Thompson came
up, and him and myself went into the house. In
an hour after, Johnson and his little son came
in while we were eating supper They were both
asked to participate but declined, saying they had
been to supper. ~
johnson sat there until 8 o'clock, telling Iabout
his hunt in Hanover, when Thompson and himself
left. Next day | saw Johnson, and told him about
Burnett being murdered on the road. He said he
would bet s. it was Nathan Burnett, and that he
would 60 out to Hanover TO about it. | told
him he need not 60 there, as Burnett was at DR..
TerrePs Next dav, when we heard of the muir
der Thompson said he did not think johnson could
have gone from my house after O'Clock, TO Horse
Swamp, and killed Burnett, as the mule would
have gone farther than three miles from the time
passed my house until that time. The distance
from Cash Corner to Diil's farm is about one mile
and halt can walk there from my house and
back in an hour. Ratchet and dirk fou in john
sons house were shown the prisoner. Never saw
the Ratchet. Met johnson on the railroad near
Judge Daniels farm a short time before the muir
der. Told me he had been 10 Hanover. | said to
him you had better mind how you go to Hanover,
some one will shoot you. He then pulled on,
that dirk and remarked he carried that
James Welsh, sworn Did not see Johnson on
the evening OF the murder Saw Burnett in his
cart, and two wagons pass the creek in short time
of each other Which passed first, the cart or the
wagons, am unable to say. This was about sun
down. Saw Burnett water his mule
John H. PHryear, sworp.-Rode out late in the
evening and stopped to talk to Richard Morris
While there Mr.. Gaines came along, and him and
myself took ride up the hill and then around to
the creek to water our horses, when saw ohnson
standing between the two creeks talking to How
ard. When went up Johnson left Howard
called me, and after talking awhile, took Mr..
Gaines child Oft the horse and carried him in his
house II twas then dusk We staid there about
bali an hour, but saw nothing more of Johnson that
evening.
Here the defence closed, when the Attorney for
the Commonwealth having been put in posses sion
OF new fact, introduced the following testimony:
nJ1N1l, 81,
i have examined the lane alluded to by Mr.
Gaines, in which Buraetts things were found, and
discovered about fifty yards from the main road
two pieces OF cord. This examination made
last Saturday. The cord exhibited has the appear.
ance OF having been used to hold the cart cover,
and in all probability ia the Identical cord cut
Burnetts cart cove, on the evening of the murder
The pieces OF cord discovered were lying in the
pines.
Un II. Starke recalled.--The rope found BY Mr.
Storrs is precisely similar that with which the
cart cover tied about the time of the murder
ne cart IS now IN town, but an unable to say that
il has the cord attached the cover now that
i. he'd on the 18th OF November last.
R06ert c. " WfdMS0a, sworn, fer The d efence-i
found lttiak 1t was Thursday ornin. between
add o'clock, on my way to the city, when coming
the road apparently in sitting posture. When l
got TO him found he was on his knees. | asked him
what was the matter? He said be had been robbed.
] asked him wheres He said, there. asked him by
VIII He said black man, but did rot know who
Seeing couiurdo notbin 9 for him, told him wOud
send him assistance. l went to Dr. Terrel's and
told bin of the situation of thu man. | passed ths
stalled wagon on the southern ope of the hill. He
said the man had been beat. did not think Burnett
was rational at the time talked to him. His mind
was wand ering. Having heard that negro wa goner
moved him out of the road, came the conclusion,
in my own mind, that that circumstance had nduced
the wounded man to suppose hat hehsd been rob-
bed aud beaten by negro
Il s Storrs, recalle d fer the Commonwe aith Mr.
5. had been requested to examine the rope now in
the cart 10 if it corfespondei the pie
ces found The rope now in the cover is much
smaller than the pieces found by me- and appears to
have been in use rome time.
Isaac Burnett recalled-I have never seen the
rope in the cart cover until thi, morning and can
not how long it hes been ia use After the muir
der, ask ed brother's wife why she did put
the cover On the cart She gave a re son for rot
doing So that the cord hal been cut too much to be
fit for use, and she had not he'd leisure to prepare
new one.
Here the evidence or both ,ides closed when the
Attorney for the Commonwealth proposed to submit
the case, but Mr, McRae declined doing so " bout
submitting few remarks
After argument, the Court reTnauded the prisoner
TO Jail TO await final trial the next ter of the
Cncuit Court fer Henrieo county, which meets on
the 10th CT April next and witnesses were recos
med to appear His counsel applied for bail but il
refused
FALSE PRETEScEs The MAJ or, yes
terisy morning, sent J. 3. l. Manson ON to the
Grad Jury term of the Hustings Court, ia Feb