The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-07-09

! of the court, but urged that the whole
story should be told.
Mr.. Johnson insisted that he had a per.
feet right 10 prrsuc't the cross-cxamination
By asking such legal questions as he
/ thought proper, and only those. He de.
sired TO show the bias Of the mind of the
witness. and the prejudice which he en-.
tcrtaincd, for he believed that bv his ac-
tion in the premises he bad shown himself
unduly anxious for the conviction Of the
accused.
| Mr.. Young still urged that sthc thing
transptriag at the interview in question
should be brought out. He thought tha!
the witness, as an officer, was unwarranta-
bly, attacked, and believed that great
credit was due Constable Cole for his vigi-
lance and assiduity in fcrrctting out an
unparalleled murder.
The court decided that the whole Of the
circumstances attending the interview
should be detailed if an attempt was made
TO prove improper conduct on the part Of
the witness.
Considerable s-questioning failed to
elicit anything further Of general interest,
but sharp rcyurtee between Mr. Johnson
and the witness afforded some amusement
to tho spectators. The counsel for the de-
fence seemed muc! hampercd hy the deci-
sion Of tie court in regard to the inter
view, and therefore asked nofurther cues
tionS concerning il.
Mr.. Young: What took place at the in
tcryiew between the prisoner and Mr. and
Miss Pitts
| Mr.. Johnson objected to this question,
and moved that ii be excluded as impro-
per. He held that it was most gross in)us.
ticc 10 invade the prisoners cell under the
appearance Of official right; it was a
shame to cause the result OF that taunting
interview to lie published through the pa
pcfs to the world; aud now he could not
consent that the details Of the converse,
,iUn which had occurred should be spread
out when nothing whatever could be
gained thereby. lie argued earnestly
and cloquently in support OF his position,
and appealed to The court to'cXclude the
evidence.
In reply to the impassoncd and clO-
uUcut speech Of Tho prisoners counsel, Mr.
Young spoke OF the case now under con-
si}eration as one Of unparalleled interest.
4 murder most foul and sinful has been
committed, and the honor Of the Common
wealth demands that lis author ShoTld be
discovered. TO the credi: Of Virginia be
it said that the perpetrators OF such ont
RACES seldom 90 mnpunishcd within her
limits. lie then briefly rccounted the
suspicious copduct Of the accused, and the
reasons for believing him murderer. He
felt it to be his duty to leave no stone
al ~, -, n
guilty party. He could not consistently
neglect TO bring III any evidence which
bears upon the case, and therefore would
insist upon the Introduction of this tcstl-
mony. The defence lfad introduced the
subject OF the prison interview, and 10" it
must be prosecuted TO the end.
Mr. Johnson rcioincd, arguing that no
man had a right, without the permission oi
thc prisoner, 10 invade his cell TO cXtort
from linn ANY statements about an alleged
crime. Magistrate Wade had 10 such
right. Constable Col" had not the shadow
OF right. The prisoner, through his
counsel. had especially requested that he
should not be obtruded upon but two
hours had not passed before the request
was diSrcCarded. Statements made under
such circumstances certainly should not
be admut%3 il ccurt, !or they we're drawn
from the accused by undue means. The
object OF the vi$it-thc recognition Of the
priaoner-had been proved, and ii would
bc improper to 60 farther.
The court decided that whether the
iailor had properly or Improperly admitted
the parties, 10 undue means had been
used to obtain a statement from the pri-
soncr, and therefore the evidence should
be admitted.
The hour for adjournment having ar
rived, the case was then continued until
to-day.