The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1866-09-15

him OF the terms, anu ne positively re-
fused. At my earnest solicitation he con-
! sented, and wrote Q gentlemanly note. 1t
was agreed between Hewitt and myself
that If the apology was not received he was
TO return it. he refused to receive 1t, and
cent the note back. Mrs. Hewitt said
Il must be sworn to before notary. This
Mr.. Pollard did, and the note was again
cent to Hewitt. who said, "No, I will not
withdraw the warrant" and put the note
in his pocket, saying he would use It
against Pollard. The Hewitts begged her
to return after she left, and stay as long as
she pleased; that she could have any ac-
she wished. Mr.. Powell
communicated with witness, and said the
Hewitts we're determined upon their
course, and he could not stop it. Ut had
been positively agreed between Hewitt
and witness that If the note was not re-
ceived it was to be returned)
On the cross-examination by Judge Ould,
witness reiterated her declaration that
there was no violence, and that she saw no
pistol. Hewitt fled as soon as Mr.. Pollard
came. IS.
To Mr.. Johnson.-Mr. Pollard and my
self have agreed to separate as soon as this
trial IL over.
Cross-examned by Mr.. Daniel.-Mr.
Hewitt fled in order to get a police.
don't know why Miss Saunders fled to the
kitchen. Mr.. Pollard produced no pistol,
and don't know what they. were flying
from. went with Mr.. Pollard volunta-
rily. | was not averSe to going. The
misunderstanding was very slight, and |
was wrong. was going away the next
morning with Miss Fitch and Mr.. Garri-
son. Mr.. Pollard did not know Of my in
tcntion. He never used any violence to-
wards me. We used very determined
words, but there was no quarrel. Mr.. Pol
lard came there because he did not want
me to remain at that house. lie had
warned Mrs. Hewitt not to shield me at
her peril. / went With Mr.. Pollard volun-
tarily, because saw from his. face that
had been wrong. l could easily have seen
if Mr.. Pollard had drawn pistol.
BY iuryman.-Thcrc had been no pre-
yious difficulty between myself and Miss
Fitch.
| A witness for the defence, sworn.-I
was at Mr.. Pollard's room that evening,
and he asked me to ride with him he said
he wanted to 60 and sec lady. / knew
nothing of the lady. We drove up Leigh
street to q house which / could not now
recognize. He knocked at the door, and
Mrs. Hewitt said: You can't come in
herc.' He drew his pistol and went up
stairs. | went with him, and went into a
back room and sat down on trunk. What
tranSpircd in the next room, or down
stairs, don't know. After awhile lady
came in and said: You get out of here"
l needed no second invitation, but "got."
Went down stairs, got into the car
riagc with Mr.. Pollard and lady, the bag
gage was brought down, and we drove off.
The next morning, to my great surprise,
a warrant was out for my arrest. He did
not bring the trunks down. l saw no vio-
lcnce used at all. Mr.. Pollard drew his
pistol, but did not see him point it. He
said he was going up stairs at all hazards.
Turning to me, he said You 60 ahead,
captain" I went up first, and he fol-
lowed.
Cross examined by Mr.. Daniel.-Could
not say that Mr.. Pollard did not kick the
door open, though did not see him do it.
was in the next room, and saw nothing
of what happened in the chamber.
Couldn't say whether the woman wept in
the carriage or not. She went with him
reluctantly; but after reaching his room,
stayed with him willingly.
By defencc.-I saw Mr.. Pollard use no
violence whatever. l was close behind
him when he entered the house, and saw
no violence used on the door. Gould not
positively say whether he knocked or not,
but the door was opened, and Mrs. Hewitt
appeared on the inside.
At this point the court took recess.
EVENING SESSION.
| The Court re;issembled at 5 o'clock.
Mr.. Johnson said that upon consulta-
tion with his client they were willing to
rest the case here and let it 60 to the ,jnry.
evidence to introduce, and Mr.. Joseph
| Powell was sworn.
Mr.. Powell made statement relative to
seeing a lady at Hewitt's house, who show
ed him bruises upon her person. ....'
Mr.. Johnson objected to this testimony.
Mr.. Daniel then confined his examina-
tion merely to the question if he saw
marks on her.
Mr.. Powell.-I did. / should like to
make q statement as to how l came to be
here. was summoned here by the de-
fence.
The counsel for the defence renewed
their objections, and the witness and his
testimony were both ruled out.
| Mr.. Daniel then moved the following in
structions to the jury:
If the jury believe that the defendant
entered the dwelling house III the indict-
ment mentioned against the will Of the
family of the house, and with drawn pls-
tol, and in a threatening manner ascended
the stairs of the house into an upper
story, thereby causing them terror and
alarm, he is guilty under this indictment"
The counsel for the defence, in argu-
ments of considerable length and much
power, objected to these instructions. -,
1t was contcnded that the instructions
were altogether inappropriate and inap-
plicable, and embodied offences not
charged in the indictment.
Mr.. Daniel rejoined. After showing
that he was not eDdeayoring to make out
new case, he went on to reply to the
charges of the counsel for the defence
that the testimony for the Commonwealth
was mass of mendacity. Admitting that
it was, he said the defence were convicted
by their own testimony; for Miss Miller
I fAlexander) testified that she heard Pol
lard tell Mrs. Hewitt to oppose him at her
peril, while the last witness swore that he
/ went in with drawn pistols. If that did
not constitute misdemeanor he was igno-
rant of the meaning of the term. He ad.
mitted that the assault was not proved,
but II was proved that he entered the