Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-12-03
Elk A MIN ATIuA
OF
Allen "a. II all
ON THE CHARGE OF
MURDERING
G. G. POINDEXTER.

on THE CHARGE OF

Remarks of Counsel for Prosecution.
Mr.. joss REID saia your wOrships please, feel very
glad had little respite bat s would rather submit
nconvenence speaking than subject worshPs who
listened long and patiently to any Inconvenience
ne ss that Is row before your worshps is simply to deter
mine whether there probable mace ont against
Mr. do sit here for the purpose Of asc:rtaa
win furnishing him. decide whether not there
Probaoie cause existing and If there IS yoo may ona M
Hall tie Criminal Court answer charge which
mayhem be brought agsnst him You know that there IS
great sitting jaror and sitting in his ca
pacty. Juror although evidence greatly prepon
derate in favor OF the State must s give the me
question uows s probable csse maze against Mr.
Hal7 am rather surprised that the gentlemen on "a hr
side houId nave investigated fully and hollt have
ate steuousy prove every pOt; for seems 10 me
man. eoaadeutof the fact that the ase would be decided
in his favor, would have preferred to be acquitted ee
Jury csnntyhathe would cone forward yonta-
y agree bound that jury might decide How
have resist it to the end and will attempt to PSF
suad that there eEdene and that you ousat not TO
The hSic IS clearly proved and also clearly proved
that Mr. Hall he who commi'te thar homicide u IS
therefore, that should argue that matter or recall
the evidence, and suppose toe other sde w aan .he
follow, Mir Hail errr committed the hoGi;de IN feae
fence or guilty Of manslaugher murder Mhe
de il or murder uakes no difference
eitser event must bind him over 70 tn: Criminal
Court The Question: thea, If, did he Hi hm in self oe
tencei
ter appreheuding great bodily harm and W
The danger is imminent ne must apPhehead a. tae very e
great bodily harm upon him Il would not
do hatt- that future time he would do VIC
ence erson absolutely indispensable that he should
waitun. danger This the law Of Tennessee BY
thCoIS1 IN law, to enable put himsef his
sr ef was obliged 70 show that I've hal everything
1.-THE - Z avoid dieulty. He obliged to nee as
Iaas2,si prevent shedding OF human blood II The
common. repealed in this State have not been
aware gift whether has been nevertheless
msiaan that the Law is that Is absolutely
pursued the moment he iake the life Of another
apprebendg that some great violence was 76oat 70 be done MS
before present my upon Of This case
TO read hs nences from eAse thlt y often To- anu
first let me state the facts Of the case MAy was
married She believed, All had reason 10 bee that
he husband guilty Of inhdely to her aud had illicit inter
might thar regarded b. female as the greatest in
Run ourerv but afterwards idea of violence
snd concluded 70 everything meky and patiently as
tr against life Nary and had pistols for the
purpose Of taxing her life Alter that Mary Copeland
had come submit quietly h she
60 Lvngsns to attend church She was cbl
sed b R1ihs house There were two Ways and sne Os
Ruth out, there old Mary Copeland Whereupon
STb Old ont "a atta, her with large hickory stick,
three deadly and took path gong
directly Mary Copeland The question was whether or
not boT e came 10 the intersection, Mary Copeland crossed
over to meet anticipated the battle It SAID that Il
Mary gone Of her but nal gone along and aa
been attacked would have jushe in killing by the
principle Of self defence she mad crossed and got
into guilty mtnsanhte OF murder Judge
Oaruthers the Circuit Judge ana said as ioo"s.
n the defendant seeing the deceased moving out towards
pah advanced to meet her with intent to k her, or 70 en-
gage combat with deadly weapons and da SO eng aoa M
her murder. 1t would be no odds upon TINS
which advanced winch
deadly the deceased Intention Ehsh su;K hs nc mat
ter IN the deceased struck with stick which dangerous
ntons She vas guilty Of murder the other have
dueiss, either that kills first murderer Wh
r it would first second degree, would depend
upon the question: whether the deady intent produced by
| anger ref cton."
Judge Tulsy in commenting on the charge IN the supreme
Is rue that in scrutnizing the charge the Judge
have been able fault there m Eo ftersards
goes what he understands to be the law from which
desire read few sentences:
-
roa and iatory purs l she did netting more in going
road defending herself anst violent ss2n from
hickory sck three and one ad from three and
inches in circumference the killing IN our op
ion was homicide Sc deadeado she, upon meeting her ID
yerry unexbectedy teTcpfed upon her lawful
road lawful pursuit. accepted the hight when she
den and unexpected the law presume he upon
guage the first insult by stopping her on her way
II the ed upon approaching the prisoners path
peued Of her ntio esolue and stopped eay-
ing the prisoner fall and unolese1 rgnt anu 6er 70 pass
brought the attack with design to Kill hz It woud
rst second degree according to the crou
of the that If the killing was tue result OF the
old grudge, previously premediatd malice il would be
murder the FIRST degree if the result OF malice sudden
IN produced BY rival, without previous prensl
talon, would murder in the second degree 4g3
Is clear when person calls another into dEht which he
accepts willingly and Kills HIN it either murder 70 the first or
slaughter person be excused the grounds OF 's
defence absolutely inispensbe that he kin IN defence Of
bis person at very II this be the law, appeal to
YOU ask you II Mr. al not guilty in this case II your
But II as good csus as Know you you disposed
ntt So ndg.ent to the aw Of Tenuee as applicable
this case, else can decide that Mr. Hall
did murder in defending bis Own pers n
90 the facts In the first place. let US examine the
TESTIMONY Mr. T seabury, the witness examined. He
tells Us standing in the door, he apphended deuy'
he Mr. Poindsxier coming Up the street. r
Relrs Office door vita qua IN his hands he said,
op, stop and raised the gun to ms shoulder ana
fired lie further sad, which Wls your Eorss 70 hos mai
from M Hall said stop Mr. Pondx'el advanced some
feet two or three steps wish 70 ea your
NJ YenAbe lie tells YOU he vas oytTtiSins hr rom
dexter intersection OF Desdertk and Cherry Streets
that Ar Pom e passing the outside tarsd bis face and
camation stop, turned to the WALL thai at that TINE ne
On the outside he thinks heard the werd sop followed BY
the name Po,ndeNer suppose was the stop sF o. the
ness 10 ke W 10 Mr about hss time the explosion
took place Mr. Seabury tells you he sl" NJ la come out
Quinn tells YOU he Mr Pondczter and Nr Hall and
heard the 3wmand stop and supposed u Hs LsnS. LOT @
succession and o. ,h- explosion Dir Fireman.
who vas on opposite side OF the ret tells yu aOut the
same thing Now gentlemen, another witness @e ex
amineJ regard the thing Ar kealeh lie was stand
ing nearly opposite, in the Office lie Was looking at Mr
Pondexte- AMI distinctly his book and right am He
says had umbrel hin and was walking rapidly
when Mr. " said stop, Mr. PoneNters face was bent % me
ground heed him and did not use himself till The
sconi time and second afterwards Mr. Hall said sep T
and shot These witnesses testified IN substance as nave al
Thsg all say they did ps oil in Mr. PoudeNte
hands after he shot have tried to state this
Now as to he witnesses who hsye the other side
The first 10 Cox He tells he heard the word STOP
said itu loud voice and believed tie difficulty shout TO
come OF sanding in the door Of hr fishers once
and had advanced three steps when the explosion
took place yet reached the verandh bJ ten
or twelve don't know whether be saw him before he
and then tellS you he saw somhlng IN ms
hud which he thought was spoi The next sitness Is Mr..
Da sly be standing the opposite side OF the
~ II N sui AID tbst Mr. pondsEtsr did not notice the
ast exclanat again told to stop and then he
thinks pulled pistol OUT that he haay got out and
was in the act Of raising he shot shall notice
The tesImSny Of Mr. Fisher Mr. skinner presently.
But want Mr. Noel also contadcts them The Wit
stses mentioned, Of responsibility, and who
fair opportunity to see, and their testimony IS enrey
vou II Mr. Hall didn't accept the eight and come Of the
vay 40 meet it. There be no question: that Mr.
Hall experimenting that SIR Poudsxter was about to
mint any ha upon his person that moment lie may
haze apprhended that he would do future time but
At the time he co the of Me- Pondexer he did expect
any would be done him He went out and sh MIN
ike dog in the seet Ehcn be beard he was coming
He was ling himself by the laws Of Tennessee nor
/ / the laws OF holor Uetwsen man and man -.
Let u take tbs testimony Fisher It is oontrsdcted
Either MI Fisher has missta ted the facts else ne erred
think be the lie must hive been man OF
ren.rkaI coolpess there Is to he personal
both PARTIES armed with deadly weapons
Mr Polndexter coming up and points MIN out 70 M
he in direct line stood good a
chance OF being killed unes very expert
msrknsn Hall. appeal whether you think that
besyed than believe he did DONE care how bold
he !g would have stood in the position Mr. Fisher
d Although Mr. PondeSteT hd his pistol pointed ia tina d.
rsctioa did moi bulge foot u Mr. Hall had shot him But
~ pbvraliy proved that it utterly impossible tina,
| things should have occurred as he Fsid
BGtsTen they did 0GelE as s s G o, aye 5agb
commit Mr Han for trial. We know Mr. PoindsIte} dd po'
attack MI han m e3ts
mint clearly proved ~ the statements OF Mr. Whhorne and
Mr. HAYWOOD Mr. Popdeslef told Mr. Whthorne he did not
inDd 10 90 back there would eet HIN at other pae
Ibsd decided 10 wait until passing The st. Cloud, and
there attack hin, all And moreover Ma FoipdeSer did
moi apprehend any diligently With arms at all
Now then. Mr. PondeEtsT passing along the street Is
he had good hSs auy citizen, aud no one has
right 10 stop him. He direct hue 20 his ooe MI
prisn Haywood says that the very moment Mr. Pond Nter
81. the door he euoiued tell brother bohsft 70 come
mn 20 The UNION he wanted to him think youf
Worship viii believe that heWas rot going he street for s
nuros Sttacyng sr. Hall. We viii talk presently OF Mr.
Hssrelisf The popt that Mr. PondeNier in his own
breast did the AerS oce and attack Mr.
Hail The very his meeting Mr. Nena6e shows that
he aid not any difficulty. experimenting
,lty must nave very cool 9nd one OF the m"st
fSng IN i world, been absorbed in that idea
M s on condition. his facets bent upon tue ground
~ bres is over his had. He is ordered 60 stop and does
s1 notice L. showing he is nat appTeheuding any dt;ul
The secona notices il, and raises himself up want
- herr. that when Mr. Hall oid m to stop the second
Ne IIv ala not Mr Hail. but was doaGuess Devil iered
~ rfssd and that human being ander those oTcuusan
@ ogi have feen Otherwise than heydered ard confused
T n he was to be shot he bis hand IN ms breast 70 @
b oI and defend himself as hehada rigs 70 40 ts't
1h e me meaning Of the moving Of ms eoas '4 DA
on't care where he got his pistol II be droN Il y va @
s If sslf defence had reason 10 aptelena l. Il nls
he vas about taken. He sees nian sls al