The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-01-31


There is no certainty when vote will be
,,ten on the bills to admit Colorado and
Nebraska. The friends thereof are anx-
ions moi to have il until full Congress isin
session. TIAoN.
CORRESPONDENCE OF the Richmond Dispatch.
The Nelson EOmicide-EXamina
OF n. q. Wood for the Killing of
James Driscoil.
LovINGsToN, January %, 1867.
The County Court Of Nelson met here
today in regular session. Present, five
magistrates, Justice Patterson presiding.
Alter the disposal of the civil business,
the court entered upon the examination Of
the case of Il. G. Wood, charged with
shooting James Driscoll at Tye River
Warehouse in December last. MesSrs.
john IL. McCue, Alexander Fitzpatrick,
and Camm Patterson appeared as counsel
for tie prisoner, and Robert Whitehead,
prosecuting attorney, for the State.
The first witness examined was William
Matthew's who testified in substance that
Wood and himself, on the morning OF the
homicide, were sitting on the swing-beam
OF the lock at Tye river; that Wood had a
mnskct in his hand, and spoke of hunting
turkeys. Nc. George McMahon came up.
Just then deceased came out OF McMahon'S
store and approached the three. Wood
sad 10 deceased, "The fireman wants to
see you." Driscoll turned to go to the ire
man ION the dredging boat on which DIS
COLI Was employed), ana when he had
gotten distance of fifteen steps, Wood
raised his gun and shot him. Drscoll, who
1T the time was walking on the edge of the
lock, when shot fell into the lock. The shot
struck him in the back, and he was taken
ont oil the water dead. Driscoil and Wood
We're intimate fricnds-likc brothcrs-sang
aud played together.
Upon cross-examination, witness stated
that when Driscoll approached, saw him
put bis right hand to his left jacket pocket,
in which appeared 10 be something like a
a. bd ebHs-rssuue tBBeeaa IS the Scat lie looked
around. drew his cap down, and smiled.
Saw Mrs. Wood 90 down 10 the river bank on
the evening previous to the shooting. Saw
DriscoI also Oh the river bank-never saw
him there beiore-he waved cap, as
though il were signal. Mrs. Wood was
where she could see him wave his cap.
The place was secluded and private.
Wood was on the opposite side OF the
river getting pins for Mr.. Mcmahon, and
could have seen his wife and deceased.
Shortly atterward saw Wood coming over
the river, and saw Driscoll coming up to
the lock. Wood is not in the habit OF car
ryiug weapons. Thursday before the Kill
ing, deceased asked witness if Wood was
at home-repled that he had gone to the
post-office. Deceased went on to Wooa's
house.
Kehoe testified to hearing the shot,
and going 10 see what had happened, asked
Who SHOT the man when prisoner replied
shot him. Here the prosecutor OBJ
iected to the declarations of the prisoner
after the shooting as not admissible. The
noint was ably argued, and the court over
rnied the objection declaring that sur
rounding circumstances at the time were
admissible.l Witness continued; asked
Wood why he shot Driscoil3 Wood re-
piled: Gle broke peace in my family,
and had rather be dead than alive !" De-
ceased had, when examined, five wounds
in the back; whether by slugs or bullets
could not tell. Had been in the employ
ment of the James River Company under
witnesses supervision since August. Wood
was also under witness at one time. For
defence: Driscoll owned no pistol; had
none on his person when shot. Never was
at Woods house; never saw deceased
there.
George Mcmahon testified to a negro
man borrowing a gun from him for pri-
soner to go hunting. The gun-a mus
ket-was found in the canal by DriScoll
when dredging, and Driscoll made it a pre-
sent to witness. Witness described the kill
; ing as Mathews had done. Asked Wood
why he had shot Driscoll when he ex-
claimed "Mr. Mcmahon, am ruined
man, he has destroyed the peace of my
family. Go ask Driscoll what he did to
my wife Yesterday The distance from
the dredging machine to Woods house was
500 yards had seen deceased going there (;
prisoner was in the employment OF his bro
Their on the opposite side Of the river, get
ting pins for the dam at that place.
The prosecution here closed, and the
witnesses for the defence were called.
James Mathews Gather of William) was
on the river bank getting wood. Saw Mrs.
Wood and Driscoll on the river, below the
ravi6e, the day before the homicide; also
little child $50 yards above where the
mother was, and 800 yards from the house.
Saw Mrs. Wood look back, and saw Dris-
coil; they passed on until out of sight.
Much underground on the river bank there
abouts.
No other testimony giving additional
light on the case was clicited.s Mr.
testified to having seen mans and wo-
mans tracks and traces in the sand. weeds
and underground below the ravine.
The counsel for the defence was inclined
to submit the case without argument; but
the prosecutor desiring to argue il, the
court adjourned until tomorrow morning
at III O'Clock. ORIzABA.
TUESDAY, January 20.
81 The coprt met pursuant to adjournment,
4 and Mr.. Whitehead, attorney for the Com
4 monwcalth, opened the argument for the
d Prosecution. lie was followed by Colonel
Fitzpatrick, Mr.. Camm Patterson, ard
Major John II. McCuc, for the defence.
lar. Whitehead closed the argument. The
speeches on both sides were ingenious and
hois' Avery strong appeal was made by
inc counsel Of the accused, in which much
stress was laid upon the divine law in re-
gard 10 adultery, and the great moral du-
Ties on the subject appertainipg to the hu-
man family.