The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1855-09-05

'7"isou ana bis confederates of the charge of
''o ana found two of the negroes guilty of assault
soo battery. The following 10 brief synopsis of
Judge Kelleys charge In the case:
Genftemen of the Jury-You are about to con-
s,u'e the trial OF these men for riot and assaul.
an assaulti This case is very Important In its "a
iauons. however trivial Ia itseif; II has caused
nucn excitement. You and ought to be free frnn,
tnis-i ms trust We are You must be satisfied of
conviction of these defendants. The legal sta,ntss
oa tne parties Is matter of inquiry Ia this cass -
me Judge read from the books the law upon the
case OF riot. You must determine whether those
n,r tn wen. to do lawful or an unlawful act. Hap.
Pny, as the question 10 an important one, am not
caiied 10 consider this question hastily, but after
mucn thougbt day and night. When Jane was
Drought here by Col Wheeler she and her children
we're as free as be was. We recognize the right
OF returning slaves who escape and come here
we must stand by and enforce the laws of our
own State. accept as part of my charge the law
' given you BY the District Attorney The judge
Men Men read the Act of 1870 and also the Act of
man may bring bis slave into this State. but he
makes MIN a tree man thereby, for he may not de-
'sin him any time whatever. A slave Cannot by
virtue OF the laws OF this State, remain upon It's
soil. The object of the act was to remove evary
law from the Statute Book from which ingenuity
c9uld make appear that slavery could Ia any way
exis' mere riot Is conspiracy. with the element
OF tumult calculated to inspire terror. 1t requires
three people, with common intent and conduct
that causes terror shall not recall the evidence.
the facts are for you. You will ask did these men
go to the boat with a lawful purposel Did the
woman desire their assistsnce2 or did they forci-
bly, abduct herr Ii she did want TO 20 you must
judge of the amount of force used If vou are
satisfied that they only went TO tell Jane She was
free, and conduct her place of safety and acted
peacefully. you cannot find them guilty. The
Judge defined assault and battery. Ii is any
" aDAc IL
cannot be denied that hands were laid on Colonel
Wheeler, but 1t is claimed by the defence that the
imposition OF hands was only that of gentle char.
acisr which the law recognizes. The evidence
regarding the threat was then examined by Judge
Kelley. If you find the common intent you will
convict all-if you do not you will inquire what
violent act was committed. and by whom, and rem.
der verdict accordingly. The case 10 now with
you, gentlemen.
RECKLESS RAILROAD RAcE.-Smash Up and
Narroao Escape of the PGssengers.-One of the
most neXcusable acts of recklessness that we ever
heard of took place on ths Albany and Boston
Railroad, On Tuesday afternoon. As the 80 train
got within few miles of Chatham, a train on
the Hudson and Berkshire railroad was discover.
ed going towards Chatham also. challenging
signal was Immediately given from the Albany
engine to the Hudson to catch them If they could
The train from Albany consisted of engine, one or
two baggage cars, and three coaches heavily load
ed with passengers. The one from Hudson bad
II was light and gained upon the other about five
seconds to the mile. Both engines were "wide
open, and doing their best. After running about
three miles side by side, the Hudson and Berk-
shire track takes curve round rock and a
stream and crosses the Western Railroad track
nearly at right angles-the engineer of the Albany
train calculated that the Hudson train would lose
three seconds In going round the rock, while the
engineer of the Hudson train imagined he could
gain still more, as his train was now under full
headway. Having gained fifteen seconds, and
got even with the Albany train, the Hudson en-
glneer thought he could get over the crossing
ahead. The calculations were very close, and
would have done for horse boat captains, but was
criminal In railroad engineers.
Instead of gaining, the Albany engine lost two
seconds, and struck the other train In the centre
of passenger car, cutting 1t In two, and carrying
the entire Albany train through the car. As the
Albany truck struck the other, the engine was
misplaced, and struck the sleepers instead of the
rails, and just after passing through the car, jump
ed around crosswise of the track considerably
wrecked. Had the engine of the Albany train gain.
ed a few seconds instead of losing, the Hudaon
train would have struck the Albany cars In the
centre, and the loss of life and limb that would
then have eusued can be easily imagined The cars
from Hudson had but three passengers who es-
capped miraculously-the conductor being the only
one hurt and he not seriously Whether the West
ern Railroad Company will reward their engineers
for their close calculations or discharge them for
IL before the board of directors for
albany Knickerbocker.
POPULAR ACTREss-Msd Riston the French