The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1856-11-26

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iaEroarED ron THE DAILY prsrArcnI
NORFOLK tvlRGINIA) SUPERIOR COURT.
JUDGE BAKER, PRESIDING.
TRIAL OF r D ADDINGTON.
FOR ASSAULT ON, WITH INTENT TO KILL.
HIS BROTHER, WM. Il. ADDINGTON.
Before proceeding with the trial, L. Il. Chand.
Ter, Esq, who had previously acted a. counsel in
behalf OF Addington, announced to the court that
ne should not appear for the prisoner who had
concluded to conduct his own cause The nsnsI
preliminaries attending the arraignment were then
regularly gone through with Addington's q rem
eral appearance seemed but little changed He
was paier and looked somewhat care worn; but
ais eye had the same bright expression which ali
who have seen him must have noticed Some
time was spent in getting twenty -four men from
whom the jury was to be selected. Just before
this was accomplished Br Chandler again rose and
informed the court that Dr. A. had sent for him n
request that he would act for him, which after
much hesitation, he had agreed to do The iury
having been at last selected and sworn and the
Indictment read 10 them, the first witness for the
State was called
said to the Court that he wished before he gave in
any evidence, to state that he firmly believed
ais brother to be insane-that he'd thought so for
some time. In answer to questions by the Judge
insanity proceeded from the head or the heart; but
that he was very wicked-that he'd quarrelled with
all his relations, and would have no intercourse
with them-that he managed his own affairs, but
did SO, he thought, very badly. The witness was
then directed to tell all he knew in relation to the
charge against the prisoner, and proceeded to
state-that about 7 o'clock Tuesday evening, 2lst
Oct'r, he went down to the Curtis Peeks wharf, to
see If he could ship some goods, which he wanted to
go up on her next morning. Just before reaching
the wharf he missed his drayman, whom he had di.
rected to attend him, and turned to call him. which
he did loudly two three times. Just as he called
him. perhaps the third time he received from some
(then) unknown hand, from behind him. violent
oIow on his right temple, which felled him to the
earth nearly insensible. He got up though, almost
Immediately, and ran towards the boat, screaming
murder" fire" and he didn't know what else.
Just about this time he tnrned and recognized in
his assailant his brother, Richard D. AddingtoD,
then close to him, who Immediately struck him two
more blows, near the left corner of the mouth,
which cut entirely through; the other, crushing
e, on thetop of his head, after which be became
totally unconscious for several minutes He walked
home, with the assistance Of . friend, and was
fined to his bed till the following Saturday, when
be got up, with much difficulty, to try to get his
brother out of jail
Cross examined By defence.-He wished TO be un-
derstood as saying that he wanted to get up to
try to get his brother out of Jail Did employ
counsel (Mr. Cropper) to assist in prosecuting his
brother Do not know if he did 80 prosecute him
before the Mayor. Was present at the examina.
ton before the Mayor. Could not recolect if, or
not, the counsel alluded to, did or not. ask wit.
ness questions. &c, on that occasion. Did send a
message to the Mayor, asking him not to bail Rich
ard, and made personal application to him to
same effect. Did not employ counsel to prosecute
his brother before the examining court. The
same counsel assisted the prosecution before that
court, as before the Mayor. He had not discharg
ed him was present when he was acting, and did
not interfere in any way to stop him.
His brother called on him at his house, on his
arrival from Richmond, and he refused to see him;
his urging it, he left the house by the basement
front door, telling the servant to say to him. that
be (W. II had gone out He left in the way he
did to prevent Richards seeing him. Did write =
letter to his brother containing certain threats
and such like The defence here offered ev
dence, the threatening letter alluded to- which, af
ter argument by counsel, on both sides, was ruled
out by the court. (Your reporter, was here obg
ed to leave for time, other business absolutely
requiring his attention. DR.. Moore was examined
in his Absence whose testimony was mainly az to
the nature and character of the wounds There
was he said, no fracture of the skull They were
such as would probably be caused by some such
weapon a a slung shot) The next witness was
George Glenn He arrested DIR. Addington in
his room at the Union Hotel. DIR. A wouldn't let
him in when he first went, telling him that he'd
been advised by his counsel not to see any one tod
A. that he'd as well let him in, as he could 20 and
get warrant when he'd go in any how. He then
went to the Mayor, got warrant, returned to the
Hotel and again called to A. to admit him, who
again refused. He kicked a little at the door,
when A. asked him if he'd let him in, would he
stay all night with him, on his replying that he
would, the door was opened, when he tapped him
on the shoulder and told him he was his prisoner
A then asked to see the warrant-read it aud re-
marked that it was all right, he'd done it and
would do it again No questions were asked by
the defence of this witness.
- Cuthriel-Testified that short time before
this occurrence, DR.. A. in a conversation with him,
spoke of certain threats which he said his brother
had made, and exhibited to him slung shot, which
he said he intended to if his brother interfer
ed with him. The witness here described the
weapon, which concluded his testimony
Capt Uomble was next called aud stated that
he came to Norfolk on the Curtis Peek the even.
ing of 2lst October 1t was little after twilight
Just as he got half way the wharf, going towards
the shore, he saw two men apparently engaged in
a fight near the middle of Wide Water street.
One of them, who he afterwards found was Rich,
ard Addingtou, knocked the other down-not en-
tirely down, but on his hands and knees. VIM
Fl got up, but was again knocked down and
the same thing occurred he thought eight or ten
times After the first blow VIM. II. Andington
retreated along the wharf towards the steamer,
screaming murder, fire and such like, followed by
Richard, who continued to strike him as described.
After the last blow VIM. H made no effort to rise,
when Richard kicked him several times AS he
Orchard turned to leave he saw bis brothers hat
it was mashed fiat and worthless. A moment af-
ter saw VIM H coming towards him. He was as
bloody as if he'd been stuck, 80 much so that he
hardly knew him He wanted to 60 Immediately
to look for his brother, but was advised to 60
home, which, at last, he agreed to do, supported
the arm of some one.
Cross eIamined-It was not very dark was
about 80 to 35 feet from them did not recognize
either at first. There were a number of persons
on the wharf, and several ladies and gentlemen
were ahead of him going from the steamer.
The only witness for the defence was then call
ed.
Mayor Ferguson, who said that he received 4
message from VIM. H. Addngtop by one of bis
clerks asking him not to bail Richard D. Had
received no note from him. He (Wm II applied
10 him in court not to bail his brother Could not
say positively if or not he said he was afraid that
he'd make another assault upon him. Neither of
the applications had the least influence upon his
decision.
The evidence on both sides being completed, the
argument was proceeded with. 1t is unnecessary,
l suppose. to give any detail of the speeches Mr.
Blow, the attorney for the State, sustained his
reputation a. sound, clear headed, clear speaking
man to the full Mr.. Chandler made one of the most
ingenious, energetic, forcibe and eloquent ap-
peas to the jury have ever listened TO- The
case was then given to the jury, who came into
court after the lapse of about thirty minutes and
reported that they were hung-at q dead lock-"
and so they continue 1t my last account of them
P M Sunday.