The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1866-09-17
LOCAL MATTERS.

Try CoysoSwrALTH VS.. ii. RlvEs Pol
.,gp.-This case was resumed in the Hus'
rs Court on Saturday morning at II
.ock.
7, will be remembered that at the close
,.. he proceedings on Friday evening the
,.nrI gave the Jury series of instructions,
,,d hat the counsel for the defence gave
,.,;re Of their intention to file bill OF ex-
cc,tions.
II the opening of the court on Satur-
l,y. Mr.. Johnson referred to these inStruc.
,.'o, and filed the bill of exceptions
thereto.
The proceedings on Saturday were de-
r,ved for some time by the absence Of a
.gro-. Mr.. Russell. He made his appear
.oc. A, quarter before ii, and gave as his
,vcuSc that his watch was wrong. The
,,uri did not deem this valid excuse, and
,,r,nsed the fine usual in such cases.
Nr. Daniel then addressed the jury,
1rr,}v rscapitulating the testimony, and
.,,,irr that the Commonwealth had failed
70 nroye the assault, charged in the indict-
r,,ni. and he willingly surrendered that
,,or,ion, and placed the case solely upon
tie Instructions given to the jury. He
,rapI1 Sav that the whole exigency OF the
;,tructions was met by the testimony for
the defence. Miss Alexander had stated
.iat Mr.. Pollard told Mrs. Hewitt to op-
pose him at her peril, while the testimony
# the other witness showed that he had a
,;>,ol in his hand. The woman also said
that she went away willingly, while the
other witnesses swore that she went reluc-
taa,!y. The jury could weigh this testi-
mony and compare it with that for the
Commonwealth, and if they thought the
,rnof sufficient, they must bring i'll a Vcr-
diet Of guilty.
Judge Ould next addressed the jury.
He lad never heard of case where the
,ar,y alleged to have been assaulted was
~, put upon the stand as witness for the
,ro>ccution. He next took up the testi-
mopy for the Commonwealth, and reviewed
il With extreme severity. The evidence
II, Miss Fitch, that she had been struck by
NJ. Pollard, was utterly diSproyed; and
false in one false in all was maxim OF
lass and Of common sense. II such had
been the case, there would have been an
alarm through the whole neighbOrhood.
That Young lady was fully able to take
,arr Of herself, and in collision he
,l.ought any opponent would be apt to come
81: second best. Sho was ut home every
where, whether flushing game in the second
story Of her house, or in any place where
her ayocation might call her. To find his
client guilty, the jury must be satlSfled
that he entered the house by violence and
against the will Of the inmates, and while
there that he was guilty of such violent
language as to cause CONSERVATION and ter
ror to said inmates. Entering private
house without violence, and without deadly
weapons, 10 take 4 certain person out, was
,ot an offence against the Jaw. 1t must be
proved that there were threats. MIR. FOL
lard went there, not for the purpose OF
in'Iicting terror or CONSERVATION upon
those people, but for certain pur'
pose which is not an offence. 1t mlgh'
ro, have been proper, but the jury wa:
not sitting there to try questions OF pro
llicty. Mr.. Pollard went there to see
i.irnd. between whom and himself there
lad been peculiar and intimate relations
for the purpose of giving her an opportu'
rity, if she chose, of leaving what has
been shown to be u den of iniquity. lie
distinctly said he meant no harm to any
one. Nor has it been proved that any one
vas consternated. Hewitt does not say
ilat he was, Mrs. Hewitt docs not, and
surely il does not stand to reason that
Mss Virginia Fitch, woman who was no
torious through the city, could he conster-
mated at anybody. He was very severe IN
his illusions to the notorious character OF
the witnesses for the prosecution, and
avcrrcd that the house entered by Mr.
Hewitt was in many respects public
house, though for some purposes private
one. Any person not strictly prohibited
from entering such house by the will OF
tie proprietor or proprietress, went there
III their will. If Mr.. Pollard believed
thai that young lady was in den OF In.
fanny, where lechery was retailed day and
fsht, and he had one spark Of good feel.
iag towards her, how can he be blamed for
going to rescue herr If brother OF. q
father could do this, why might not the
iricudY He considered ii rather COM
mcndable than otherwise on Mr.. Pollard's
part to endcavor to rescue this young lady
iiom den where she might have beer
iuc,rievably ruined. Was not the act
rriuous, humane, meritorious, and honor
abei
The ridiculous charge of assault and
battery had been abandoned by the prose
cution. In this admission it was admitted
that all the witnesses for the proSecutio
tad peUured themselves. He impressed
upon the jury the necessity Of proving
that there was violence, CONSERVATION, and
alarm before they could bring in verdict
o' guilty. He went on to show that the mo-
tive Of Mr.. Pollard in going to the house
was to rescue en- unfortunate young crea.
lure from downward course Of sin and
shame, and it was the duty Of the jury to
seek III this motive a reason for the ac-
qrl,tal Of his client. r y.
Mr.. johnson said that the language OF
'he Indictment showed that it was an in
uictment for assault and battery. No
man could be convicted unless proved
Fui!'y OF the offence charged in the in
uic''ncnt. There was but ono count In
'hiS indictment, and that was for assault
ana battery, aud no other charge could be
introduced into the count. This charge
n"a been utterly disprovcd. Mr.. johnson
.nen went on to dissect the character oi
.Ae Hewilts and Fitches, and sketched the
circumstances which led to Mr.. Pollard's
''Sltto their house. lie might have been
'nuscreet In going to such house to make
"p little misunderstanding with female
'i'ehd, and to reclaim her from life oi
S'!aine. but the prosecution had utterly
,@lled to prove any offence against the
,a". The character Of the witnesses for
'he Commonwealth were then searchingly
reviewed, and their testimony severely
Commented upon. As to the witnesses
lor the defence, he referred to Miss Alex
ander as one who had been betrayed from
Tue paths Of virtue by the periidy Of q