Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1858-06-24
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teriAy in the Cr minal Court Of this city. No
occurrence, unless Il was Of general charae-
ter, created sachs excitement ss thn homicide
did when it was eotnmittea three months ago
} This might have been expected, for the prin-
eipes parties concerned were probably better
knc~h BY a larger circle Of acqaafntanees
than any other two persons not brought prom
inently before the people by their position or
desire for public notoriety. oae was but
twenty i've years old, vet at that age bad
earned a reputation az q merchant seldom ac-
quiref, which secured him admission as part
ner ct one OF tte oldest firms Of New Orleans,
and bis prospect could scarcely have been
more brilliant The other was nigh sixty
years Of age, but though it Is long since The
winters Of his lie have left snowy impress
on his head, Jet, phy sicsiiY and intellectually
bis vigor has scarcely been assaulted by time
or uunpeachsels ~intsgrity, possessed Of no
ordinary gift of mind-yet following an occu-
patton That has brought him more honor than
4 has proht-and esteemed highly by all who
knew hin, none were found to condemn the
aVenger Of his danghteT's ruin, a. eli knew be
committed deed which his own soul oonscien-
ti0usiy approved, no matter how much Impair
tiai public opinion was divided on the guilt or
innOcenee Of the accused
At the bour fer the opening cf Court the
building was crowded, ant tie deputy sherifs
were obliged 70 prevent any others obtaining
entrance. Soon alter, Mr. Hardy was con-
Quoted into the Court BY Captain Fremaux, and
ne was soon Joined By his counsel, Thomas J.
D1rant, Esq. Mr. Hardy was az calm as a
man OF bis astiVe and nervous temperament,
and under existing circumstances, could be ex-
the prosecution intended to pursue, and Of
eorrse felt naturally anxious as to how his
case would be presented 10 the jury. After the |
Judge bad taken bis place, snd the usual for |
naiity Of calling witnesses and jurors bad been l
gone through with, the impaneiltng OF the Jury /
20 try the cause commenced. The prosecuting |
counsel had exhausted his peremptory chal- /
lengee, six, and be had set aside sbsut as many 4
for cause, and the accused had nade four chal- 1
lenges when the following Jurors were sworn:
William r. Stuart, foreman; William Bar
rett, Francis Mckhardt, E. LoOkernan, J. B. /
Richardson, c. NJ G1illnant, Louis Forester,
Oscar Brugier, L. C. Faures, James C. Blair,
George Woooley, and Richard B. Campbell
The Clerk Of the Court read the Indictment
charging G. w. Hardy with the wiIlfuI, ma
licious, and felonious murder of Charles H
c Stone, and then recited the formula to the
jury, IN regard TO their duties snd~fnding a
verdict according to the law and the evidence
The Attornsy-Genersl briefly opened the case
for the prosecution. The prisoner, be said,
stood indicted before them for the crime OF
murder, in willfally, and with malice afore-
thought, killing Charles H c. Stone. Mr Noise
read the definition Of murder, and went on to
say that the evidence would exhibit a case of
deliberate, Of deliberate, cool, and malicious
murder. The case OF the State stood thus
The deceased, Charles H. c. Stone, partner,
or employed by, the house of Dudley, Nelson,
r.. 4
ing, when the prisoner at the bar walked into
the store, stones own store (for he was a part
ner OF the hrm, walked up to the deceased,
while in the performance of his duties, called
him by bis name, drew a pistol and shot bin,
OF which wound Stone died. Il was wilfull /.
killing, for the prisoner had armed himself and
shot with deadly weapon. With no word of
warning, no passion excited By collision OF
blows, IN 10 risk himself, be walked into the
store aud killed the deceased. The law says
that was murder IL the State proved what it
expected It would, they, the Jurors, as good
and true men, sworn 10 decide according to
the law and the evidence, each man having
sworn that no pre- judice would sway him from
doing justice between the State and the pri-
soner at the bar, If the State proved its case,
as expected, then be would demand a verdict
OF guilty from their hands.
HE First evidence introduced was the proces
serial Of the coroneT's inquest, showing that
the deceased, c. h. c. Stone, aged 25 years, and
native Of Virginia, was found dead at the
house. No. 44s Magazine street.
]. D. COLES, sSorn-I know the prisoner
know Mr.. Stone. Mr.. Stone vas a partner
in the house Of Dadlsy, Nelson & Co. | was
there on the 9Th Of March last About mid
day heard some one come into the store and
call Mr.. Stones name; turned and saw the
fash Of pistol, and Mr.. etune fall. The !
prisoner was the persoh who discharged the !
pistOi ITO pistol m DIS udnd.
Cross-e@GtsfBed-l stated all saw and heard
at The time There was remarks made, but !
heard d org that attracted my attention ex- !
cept the ane OF Stone. | think be became a
partner Dadley, Nelson & Co, last July
have be b the house six or seven wears, and
Mr.. Ste lad been there before ne. The firm
had b the post ofies; Mr. Stone usually
received ters through that box Stone was
absent day and half, or perhaps two
days at beginning Of last December; since
the exam ion have sscsrtained that Mr..
Stone left city the % December.
Lyman ley swOrn-I an clerk at Dud-
ley, Nels Co.'s, on Common street; was
there the of March last; was present at
the killing Nr. Stone be was standing at
the desk u hg, when heard some one come
IN the store turned round and saw the fash
Of the pistol; l saw the prisoner with the
pistol in bis hand; Mr.. COLES was there;
after the shooting, the prisoner walked out of
the store.
DR.. Hunt sworn-I saw Mr.. Stone about an
hour and a half, think, after be had been shot
he had been shot lear the middle OF the breast L
little to the right side the wound made was
with very small bulletl be was suffering ex-
treme agony, and said be knew he was going to
die, and begged me, for Gods sake, to do what
] could for hIm found the bullet behind the
shoulder, In the integuDents OF the back; the /
bullet was very snell ohe ; be expressed him
sen ItIefea ETOLn much DdHs 1 saw llm ire
queutly Afterwards, with two other physicians
il was evident the bullet had injured the lungs
be was treated for Inflammation Of he lungs,
and the symptoms subsidized 50 far al the in-
aammstion was concerned; DIR. Stone gradu-
ally declined be died in state OF collapse
bis death was caused by the guh-shot wound
be died the morning of the 3lst March.
DIR. Hart testified to the nature of the iniu-
ries Of which the deceased died. The ball had /
passed through the upper lobe Of the lung.
The Attofney-Genersl announced the evil
dence for the State closed.
Mr.. Dursnt begged to inquire in regard to the
order Of court on the brother Of the deceased,
TO produce certain letters written to him BY
Mr.. Hardy and bis daughter.
Joseph H. Stone was sworn, and stated be
was executor of his brother, and that be bad
found no letters addressed to him by Miss
Hardy or Mr.. Hardy. He retired, but shortly /
after informed the Attorney General that a let
ter bad been found on the person Of bis brother
when be was shot, and it had been destroyed
by gentleman; it was destroyed by Mr.. Ran
lett myself, Mr. Tut and Mr.. Dudley saw Il I;
| think it was signed &C"
Mr.. Dursnt then addressed the Jury before
Introducing evidence for the defense:
The learned counsel for the prosecution
having informed the Court that be intends to
offer, at this time. no further evidence. il be-
comes my duty to lay before you the affecting !
circumstances which 60 to make up the case Of
the prisoner at the bar.
Yeu see before you one arraigned for no
common felony-not the assassin who strikes
the unwary passer in your streets In the dark
ness OF the night; ; not the rufian who, reckless
OF his own, Wantonly asssils the life Of the un-
Ofending-but one who, smarting under a sense
Of the deePes. wrong which can be inflicted on
father, and driven to desperation by the ac-
eunulated misery of his woes, has, in mo-
nent when he could no longer master bis feel
ings, committed an act not to be called murder
by any impartial jury, who will listen patiently
to the evidence Of those facts which impeIled
him to the deed.
" The prosecution has, In opening, read to
you the definition Of murder from the legal text
books, and you must have been struck with the
fact that, according to the Interpretation Of