The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-11-21

Colonel Young: admit your statemen
for what it is worth.
Colonel Johnson: They parted, then, o,
the 18th of February, and on the 18th he
dead body was found. And yet you, gen
tlemen Of the jury, are called upon t.
swear that he killed that poor woman.
Turning toward the prisoner, the coun
sci suddenly addressed him with thu
words, "Dtd you do it, sir ?"
The accused looked up, and prompt,
replied:
:" never killed her."
| "I believe" continued Colonel John
son, that you speak the truth, and tha
the VOW is recorded in Heaven. Can W.
for moment think that this beardles
boy-of character unimpeachable and re
putation to be envied-who, at the call o
his country, barred his muscle in defence o
the virtue and the beauty of Virginia.
daughters, stopped so low as to commit
this horrid crime. Neverl Never"
| Colonel Johnson then reviewed the tes
timony of Pruett, Jude, Ford, and others
in regard to the whereabouts Of the priso
ner from the 18th to the 23th of February
If the prisoner committed the murder al
all, he must have committed it on Monday
the 25th of February; for no one can say
that on any other day since Christmas he
was ever seen in buggy. We know what
he did with that buggy what he came tc
town after where he went; when he re-
turned. Is it, then, possible that he could
have committed the crime on that day
No. Then he did not commit it at all.
@Thus he had accounted for the prisoner
for every day, and almost for every hour
from the time he left Essex until the dead
| body was found and buried. The witnesses
establishing the facts were of unimpeach.
able character. They were not brought
in from the gutter they were not trumped
up by eager detectives; and although ii
| had been necessary to introduce many rela-
| tives Of the accused, it must be considered
| what popular prejudices were to be over
come, and how reluctant everybody was to
| testify in behalf Of the unfortunate prisoner.
The conflicting testimony in regard to
the length of time which the trunk wasleft
at Turner's brick-yard was dwelt upon,
and the conclusion drawn that it was there
only two days, and that therefore Betsy
Peasants was mistaken. He said, in re-
gard to the alleged secrecy with which the
trunk was carried to Mr.. Samuel Phil
lips's, that the Attorney for the Common
wealth could, if he chose, send for Mrs.
Phillips, and she would testify as to
whether the trunk was brought there under
cover of darkness or in the broad light OF
day.
Colonel Young: That is most singular
proposition. Of what avail would it be to
bring the lady in now, when the argument
is nearly closed The counsel for the &C
cused would stenuously object if pro-
posed to introduce witness.
Colonel Johnson: You have made great
deal of fuss, and will make great deal
more about the secresy with which the
trunk was carried about now we have an
opportunity to find out the truth.
Colonel Young refused to ask permission
to introduce the witness at this stage OF
the proceedings.
Colonel Johnson then reviewed the con-
duct Of Constable Cole towards the pri-
soner, in the whole case urging that
he had needlessly prosecuted him. The
scene at the arrest was again described.
The officer accosting him with q warrant
which had never been sworn to; the rude
accusation that "this was the man who
murdered his wife %; their oaths and
threats - all these indicate that the
motto of these men was: Hang
him Justly if you can; bnt at all hazards
hang him." This is the man who mur-
dered his wife Ii he is silent, they say
he is sullen. If he denies it, they swear
he lies. Knox said he thought "anything
fair" When the surprised, astounded
prisoner answers, No! he cxclaims /" I'll
be id if you don't wish you had wife
before you get through" Cole, the consta-
bic, with no more authority to enter the
iail than you have; Wade, the magistrate,
| with no more authority THIN you-these
men usher Mr.. and Miss Pittsinto the pri-
soner's cell, and there they interrogated
the helpless man. In Christian land
this proceeding can only be characterized
as atrocious and inhuman in the extreme.
So help nae God before | would wear the
crown of victory won by such means,
though that crown were stud with the
costliest Jewels, l would cast it from my
head, and in utter scorn and detestation
trample it under foot.
Colonel Young inquired whether the
counsel meant to say that he had used
such means.
Colonel Johnson: No, sir No, sir I
only mean to say, what have told you be-
fore. that in the conduct of this case your
passions have obtained the mastery of
your usual good Judgment.
Owing to the space already occupied by
the speeches in this trial, we are COM
PEELED to omit Colonel Johnson's eloquent
and soul-stirring peroration. He cited a
large number of cases-thrilling in their
interest-in which persons were convicted
on circumstantial evidence, and afterwards
the discovery has too late been made that
innocent men have suffered. He desired
to call the attention Of the jury to these
Incidents.
At o'clock the argument was closed.
AFTERNOON SESSION.
Four o'clock was the hour appointed for
the reassembling of the court, but before
that hour had arrived the hall was crowd
ed to it's utmost capacity. All the seats
and standing-room on the floor were occu-
pied. One gallery was packed with ne.
groes, while the other was equally, well
filled with ladies, who chatted with the
usual vivacity of their sex until the hour
for the opening.
At quarter to 5 O'Clock the Judge took
his seat, and Colonel Young commenced
the closing argument for the Common
wealth. He said that though he could not
weep with those who weep, he reJoiced
with the jury that the day of their deliver
ance was at hand. Willingly, most will
inglv would he now surrender the cause
WITH WITH the eloquent notes of the counsel
ringing in their ears. But in this matter
his feelings were not to be consulted
stsrn duty required that he should close