Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1856-07-18

IT
HAVE PATIENcE-We, the 5" most worthy asso-
cate" of the Journal have been left alone, 10 do
whatever may be in our power, Tor the good OF our
readers and the public in general, Tor few days.
Our Editor left US the 43 o'clock train yesterday
and will be absent from his Editorial desk until he re-
turns-a few days only. In the meantime our ex-
changes will have cause 10 groan for the many lncls
ions they will be apt to receive from very efectuaI
weapon known to the Editorial fraternity But as
the Editor has gone West, he will be very apt to re-
turn with information which he could not well Obtain al
home and thus be enabled to make up for any neglect
we may be guilty of during his absence
Daily Journal of Tuesday last
RIA Did Rise in the Neuse overwhelmingly Aeei-
dent.
private letter from Smithied, Johnston county,
dated the 5th inst to gentleman OF this town, has
been placed in our hands, which informs US that on
the previous day, the Neuse River commenced rising
very rapidly, causing considerable damage by carry
ing away mill dams, &c. Mr.. Tunceford Richard
son, who had mill near the above place, saw that
his mill was about giving away, left it, and attempt
ed to save himself by way of the dam, but by some
means he accdently FELL and was held fast by Sill
which got across his thigh. Every effort was made
to save him, but in vain, and the poor man mus re-
NAMED until he was drowned. The body was re-
covered the next day. We learn that Mr.. Richard
son was a highly respectable citizen of Johnston
county, and beloved by all who knew him.
SMARr-Some smart fellow, he must be a full
blooded Know Nothing, sent US a letter few days
since Offering to take the bet which has been adver-
tieed in our columns some time, mentioning the
States upon which he seemed willing to risk his
change; but he very remss both in the beginning
and the ending of his letter, for it had neither post
mark, place. date name. The writer was either
ashamed to be known, or intended to try to make
political capital out of the matter If he is in earnest
he will please up 10 the scratch as we are fully
authorized to state that he need apprehend no back
ing out on the part of the gentleman who profers
the bet
n5-E w. Fonville and L. w. Humphrey, Esqrs.,
are the democratic sub Electors for Onslow county
THE HEATING Acknowledgement, Member Of
Congress, has been placed trial for the killing of
Keating waiter at Wizards Hotel in Washington
City. 1t must have struck every one who has look
ed this matter cooly that altogether too much out
side talk has been made over it. In the eye OF the
law and of common justice it make no difference
whether one man occupied high, and the other an
humble position, nor would it have changed the real
state of the case had the relative position of the par
ties been reversed. One man killed another, and is
called up to answer for it. The jury must decide
how far the evidence shows state of facts, justify
ing palliating such killing, according to the law
of the land and for the justice of their verdict they
are responsible their God and their consciences and
neither politics social position, ought to enter in
10 the matter at all.
Up to half past six O'Clock on Saturday evening"
the jury had not agreed upon verdict, but reques-
ted the Court TO adj ourn to meet at half-past nine
o'clock on Sunday forenoon, which was agreed to.
The case had been put TO the jury at o'clock on
Saturday afternoon, with the following instructions
from His Honor, Judge Crawford, on the application
of the counsel for the defence
1st I! a sudden ARRAY arose between the accused
and the deceased and afterwards several other per
interfered TO assist the deceased and by these
assalants the defendant borne down and beaten
and had reason to believe that he was in imminent
danger OF great bodily harm, from which he could
not safely escape and while in this position fired the
pistol by which the deceased killed, it was in
judgment of law of excusable homicide, and
it is immaterial in the absence of premedtalion and
malice, by whom the ARRAY commenced.
And ii IS also not material that the accused might
have escaped before the imminent peril came upon
him, If at the time the peril came he had reason to
believe himself in imminent peril of life of great
bodily harm, and when he fred the pistol he could
not safely escape.
%. To have authorized Herbert to take the life of
Kearing, the necessity for doing need not be actuo
for IT he circumstances were such 10 impress his
(Herberts) mind with the reasonable belief that such
necessity was impending, it is sufficient.
81. If the jury believe, from the evidence, that at
the time the pistol was discharged, Herbert be
ing pressed by superior numbers, and was in danger
Of death, OF of serious bodily harm, from which he
could not safely escape, he was justified in taking
life.
4th If the jury entertain reasonable doubts as to
any material fact necessary TO make out the for
the government, they must give the benefit to the
defendant. ..