Evening star. [volume] (Washington, D.C.) 1854-1972, 1857-07-07
Investigation of the Sunday School Homi.
eide in Alexandria County, Va.
rRenorted for he

County Court commenced Yesterday morning
After disposing of considerable business which
was brought up, the case of Manville Austin
charged with killing James H. Burch OH the
18th day of June last, was taken up.
Turner Dixon, Esq, Presiding Justice Charles
F. Stuart, for prosecution, and Francis Smith for
defence.
The prisoner was brought into Court He is
about sixteen years of age; of good size +; with
mild blue eve, and a countenance indicating great
natural intelligence.
Mr.. Stuart, opening for the prosecution having
gone over ~ law points bearing upon the case
by the Commonwealth: That the difficulty which
led TO the death of Burch originated i'm quarrel
between the defendant and two small boys; that
there had been pic mic at which Austin had
cut a grape vine which the boys were using
jumping pole or hoop; and that at some previous
time these same boys had had di fiiculty about
swing with which Austin interfered; that on the
day of the occurrence being Sunday, Austin went
to the church prepared with pistol; that Jas. ii.
Burch was there, not as one of the party who had
quarreled with Austin but stopping near by as a
spectator; that he was called upon to prevent the
affsay between the boys; that he jumped of his
horse for this purpose; and that Austin not only
shot him once but followed this up, firing two
fatal shots after he had resisted the attack him
successfully. II the party implicated should be
proven to have acted upon motives of deadly ami
mostly, and with the malignant purpose to take
Court that punishment which the laws of his
country provide for the preservation OF the peace
and welfare of the commonwealth.
Mr.. >. spoke in tones of deep regret of the
lamentabe occurrence which had plunged in dis
trcss and mourning the family of the deceased,
and placed the prisoner ut the bar in the position
of man charged with the preparation OF great
crime against the laws.
Mr.. Smith, for the defence, said that he had
been placed in the position of counsellor and
friend to the prisoner that il fell to his lot to in
nation of youthful quarrel. He would not give
in detail history of the case but trusted to learn
from the investigation of both sides of the ques-
ton at issue facts sufficient TO show that the de
PENDANT was justified in the course he had taken
to defend himself from his prosecutors and
avowed enemies. In his opinion, if ever there
was case in which person was justified in
detail of the threats, the insults. the brutal as
saults of these parties, which had been long con-
tinued, and grown more and more aggressive
upon the prisoner, who was boy OF unblemished
moral character as he should show. and who
went to the church to discharge those duties
which were his right and privilege.
He expected to show that on the day previous
to the ARRAY these prosecutors had uttered threats
and abuse towards the prisoner to justify him in
procuring the means of defence, that he had done
so, and on the fatal morning had gone 10 the
church, when he met the two boys who COM
menced the assault upon him coming together
for that preConcerted purpose, and challenged
him to fight; he refused and requested them TO
away. saving ''let Inc alone, have difficult
ty with yOu;' at that time Burch entered into the
affair and aided them to carry out their fell pur-
pose Austin, seeing the difficulty and danger of
his position, fed towards the sanctuary where he
had right of all places to expect SdfCty-the
church-but Was pursued thither by his tormen-
tors, and when ovcrpowered and trOdden down
by their multiplied and united assaults, last
resort drew his weapon and fired upon them;
that goaded to desperation by the coWardly and
infamous WretCheS who knew mercy, and
pressedRQ the wall he drew his pistol in the spirit
Of des = ion and defended himself, firing again
and agah upon them; the first shot being insult
icient deter his aSsaiants, he had repeated the
discharge until his deadly Opposer was dead; that
this did not end the conflict, but his opposers
wrestling the pistol from his grasp, he fed, they
pursuing and firing upon him as he fed.
Mr.. Smith concluded by stating that he put the
whole thing upon the broad ground of self de-
fence on the part of the prisoner, and held that
the court had full power to draw the line of dis
tinCtiOn between murder and manSiaughter the
principal question would be whether the prisoner
had reason to believe that his life was in peril,
or that he was in danger of enormous bodily harm
before he drew the trigger.
The examination for the prosecution COM
mPnced by calling
Dr.. Wunder, sworn-Was passing the church
some distance OF on tue day in question about ~
q o'clock in the day; was told that mnrdrr had
been committed and rode around to the place;
when witness arrived on the spot deceased had
been dead some two hours; witness was told that
I he man had been shot by young Austin; looked
at the body which had received three shots, one
in the shoulder, one in the right br'a [. and one
opposite the heart the first ball had passed down
under the shoulder blade, apparently. and lodged
there, the body was covered with blCol.
CrOSS-'Ta,ninsd The threr wounds We're in
the shoulder, the right and left breasts did not
probe the wounds BurCh was a man some ) feet
10 inches in height, and about twenty years of
age was stout and we'll made, and much larger
than the defendant.
Georg, w. Thompson sworn Got mp on san
day morning of the 18th of June at half past 6
o'clo, k; dressed himself and went to the church;
theTe was no one there at That time; went down
the road and saw two boys coming towards the
house; walked back. and saw James III. BurCh
come up on his horse a moment after, John Don
SdsUn and Robert Massey came up l. ON another
direction; they talked with BuTch md asked him
to 20 to Washington with Them he told them he
could not, a. he was going ID look for his colts
aud ey expected to be all daY about il; about half
past 8 o'clock, Manville Austin, with the two
Harrison boys, came up together; Austin got into
a SCuitie with the boys, one of whom struck him;
some ladies, who were in the church, cried out
not TO let the boys fight; Austin threw one oil
them mp against Il tree, and BurCh got of from
his horse apparently Ia stop the fight; he ram to-
wards them, and Austin seeing him, ran after one
OF the small boys to the church.; witness was
some two hundred yards off and did not recognize
the boys who We're interfering with Austin; they
all ran 10 the church; witness followed, and on
entering the church heard three shots; went in
side and saw Burch lying against bench COW
cred with blood and apparently dead; Austin
was there; saw Robert Massey = alb the pistol and
with Austin were small boys; they were Harri-
son, Thompson, and another boy. Thompson Is
not as large as Austin.
Crosse rdDlined.-Austin was standing on a
bench when witness went in, near the middle Of
the house; witness does not 20 to church there;
Austin out of the house, and John Burch
(brother of deceased) run after him; witness
not in the house till all was over; Burch near
the door, John Donaldson took the pistol up and
fired il twice after Austin after he run; did
him fire; ID. had told witness that he had fired;
nd II. m Al hSnn fol f,arfiaS
they ran into the church
John h. Donaldson, sworn-On the morning of
the 2cth OF June witness started 10 90 to the
church; came near the house and sat down; the
deceased BuTch run up; soon after Austin and the
two IIarriSons came up; did not notice them par
ticularly; was talking TO Burch; nothing was said
about any difficulty, but the boy. got into scuie,
and Austin threw one of the boys against tree,
wLen Burch said 81 can't stand that and got
OF his horse; Austin was going towards the boys,
and they struck at him, when Burch run up and
Austin ran towards the house, Burch running al
ter him. some one said g don't let them fight;n
witness ran up to part them; got to the door and
a pistol was then fired; went i'm and saw Burch