Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1867-07-02
THE DRINKERS WOOD MURDER.


one Of his counsel, made the following appeal =
IshalI not impose upon your honOra prOlix dstaII
Of tue matters 80 ably RFeEentcd by my associate,
at the bar kill the psrsOn found and described to
you? shall NOT stop 90 question her identity rest
ing that question on the argument Of my associate.
and will, Tor the sake Of argument, cOncede that
che the wife OF the prisOGer. hwiIl nat, under
the ci circumstances which surround Inc, consume
time ia charging upon tile Argument OF my friend
regard t. the Identification of the body Sut will
PT.Pound the enquiry, Did the prisoner at the bar
the author OF the homeide? That She was killed 4
believed; that she killed by solcbOdy a neccs-
but where IL the testimony that he killed her?
You have before you a young gentleman with
whose Parsntage, assOciatiOn, birth and breeding
you are familiar, and with a character, as tho wit.
nesseb thr the Commonwealth have shown unfair
nishsd by sOIita ry stain upon his history or m.
up to the time Of this accusation. This is no ucca
sion for ornamental language, no time To decorate
facts the stake at hazard is too serious for enbcI
hshment. All that desire j. a conference f,r few
moments face to face with YOU Il ns An humble
lawyer you as a respected Judge. You have rs
al 7eady said, before you, gentleman by birth cd.
ucHtlJn' practice, and n reputation uRsuIIicd
SOaDg,) will unite with me- when say Tile c, M
mummy should bs cautious in arriving at sudden
cOncli sions in regard to his guilt. EnsEad of
Jumping at conclusions without thyme or reason
they should reflect that the prisoner is a gentleman
Irec from stain. and they should pause and think
.! inc PI'cl9lee In which they propose to eDgulph
him. aud reflect whether the laws Of the land re.
quire his detention in prison mis- conviction. l
STAND mere ana declare that alter fourteen hUurs'
Interview with this man, aud I expect TO be
judged before the Great Tribunal when the trump
shall SQUAD ON the resurrection morn declare now
beIo'e Almighty God that, according to any prin.
ciPle OF law or justice, my ebert stands before You
innocent, and lIet Their be right or wrong in INV
Judgment, IT il does not emaSate from a a honest
heart, invoke the wrath Of God this minute do
stand here fur the idle aud Iidicu.us nuS,,nse
Of doing what tho law docs not require-prOving
the 'nnOcence Of my client; fOT circumstance
must he singulhrIy combined 10 enable any man to
prove his Innocence. His guilt must be proven and
beyond all rational doubt. And now ia the single
inquiry to which sh al direct your attention. ia
In I'M -
PFinciPle by which you should be guided IN deter
mining the facts. II u true, sense should
De III" aFbiter OF all difcu!ties but all do
itjudisiously. It Is with ming led feelings Of sad
ness aud y easure thatI stand here aud see vast
cohcouTse collected, when know that from 1851 to
1900 he was eDgA ged in the protection of the fire.
sides OF that sex one Of whom he is charged with
numbering. know thaE in the regiment Of that
gallant Col Iha Hbers who fell near PctersI q, he
was the banner bearer, aud is with more pleasure
than the dollars get can give. that say he bore
the CoIOTs not to murder but to protect the beauty
the innocence and the IOvelincss of the land. /
stand here with an abiding confidence that with a
SO honorable IN ITS Birth so respectable in
te, shall not in vain ask your Honor dischnrge
him. and now, your Ie has hitherto cxcmpifed,
70 snow that your shoulders broad enough, your
backbone strong enough L. take the Tesponsibilf-
~ to carry out thu ends OF Justice. CIiet-Justice
MarshaII,. the light OF the bench, was, after the
trial Of Aaron Burr, ths subject Of mOmCntaTv re.
PToach but the time came when IL the bright
est iev-cl in his iucfiCini curuncf waITcn IIas;s
although arraigncd by Burke and Sheridan and
the most bEilhautRTay OF legal IA lent known
lived 10 see the day when on cnteTn0 the BriIisT
Parliament, the members OF The House of Lords
rose To give hin welcome. Aud, sir, I say to YOU
now, with all the responsibility accorded by any
oHe to my profession, and with solemn apprCCIi.
ton of the importance lshould attach my dccIa-
ratiOns, thAtI believe this man entitled to dis
believe you viii i've to see not only the S""an %1%
OF your heart, bot the your decision
proven by the lapse OF time
Further Oh in his EcIna rlis before the Justice Mr.
Johnson said
Tnere muSt be reasonable cause to believe that
ms client killed the deceased or he must be dis
charged, and there was no more cause to believe
that lac killed her than that he xii cd your Honor
lie was not tried for his its conceal
meant nor Tor the SWggestO tGisi, the supy.ssio
UsTt nor tor lie, Tor before alter MARI
Iiagc-Cunduct which do not viudicatc l. was
Pusslbie that man in the bloom of his mauhood
might form a correction which lac was unwilling
t. confess ~ his friends, although there was no
doubt that the family which he wcdd d was
worthy VI the association and composed Of gentle
men and ladies': ButuO ALLOW this 10 divert
your mi nd from the Issue before you winch is not
whether hc told stories. wrote letters confirming
untruth5 not for ccnccaing his IN tTTIage 70 rea-
good or bHdi whether rfuI Of incur,inn the
disoleasure of his father the modification OF his
mother, me concealed II from hts relative nd fTienJs
The question Is, q" Did he sI the woman 80 Lam
not costly Cceivcd l. have had profractc,I i,,tar
views with the accused; asked hosts of questions
and (aIthOugh II held II Opposite opinion Won Id
not say SOY as ! stand here: before voTI a nd i,E
across the river at the hills which first met INV
youthful Cyes, swear believe him innocent
Where Is the evidence O1 his guilt! lie came TO
Richmond. February 10Th, stopped a the virginia
House. and left alter dinner the I7lh with the
lady-whOm, for the cake of argument, ] will call
those Of her sistcr and brother She was not seen
since they were sccn together nca rIy opposite the
Where she from that hOurS NV friend vith
AN uncomEhOn departure from that iudeInc Mt for
which lac 10 80 distinguished, says, Lei him pTo-
duce MS VIE is The prisoner responsible for his
wife! Where is she> who has u pr.ve where She
quircd To show. lie was charged With tho crime Of
her death The Common wealth IEust chow tia 1
che died Is she in her grave? Grant it. L. sh !.
the al fortunate lady who was fUUnd DrinkcT's
farm: Gan. it. IL sac the ilstarTCd nd Il uhappy
lady cNhumcd and Brought here Tor inspection, =
Fur the sake OF argument grant IT.. lie i. cha rged
with her murder, and II he be guilty, stand here
and say that lie ought not only be hung, but be
tied uDa sta Ike and bururd. Xcs, sir CtiIninr, to
the prisoner and placing his hand on PhiIIips's
head,) say to you, with my hand y1ur head +,
should suffer ever ythIng known to hum.s IA cruelty.
Enc counsel tor he pr curion, EIr Dung from,
lienrico submitted the following LIS before the
justice -
Nc YOungrsaid Tie argument Of the counsel for
the defence had practically TOWed the Gaze "a,
its true issue. ne facts preceding anu attending
the marriage, the visit to Richmond the discovery
" Tue DOuy Ahu us loehuty WITH tsat OI MTF. PHIL
lips (who was last seen with the prisoner, }, were
practically conceded. aud the counsel like skir-
u lsheIs ON an out post, had tnalIy been driven to
the entrenchments Tor the fiLal struggle. we have
given you the Iacis that this married this vc
man, broughther TO Richmond on the 10Th OF Feb.
TuaTY last aud that alter the I1IS WIS Eeen no
more until her murdered corpse found in DriI
ere woods. The question then fer You decide
'Is he the IN urdcTeT: You try the case on a II
the evidence before yo1. Absolute Gccu.ar dcnon-
sFatlon Is not necessary to prove the ton
oil crime which IL sometimes proved as SouCIu.
slvcIy by circumstances sby.cyc Witnesses. INNS
was tact c"nccI 81 ny all the la ~ books. IGwcnrc
TO wait Tor eye witnesses to every crime burrIary
arson, murder, all secret crimes wOuIu set law IT
Defiance and every criminal would stalk through
the land untouched and unscatIIcd.
The1cOuaScI for the deIence act as II this vCre 8,
nnai trial instead Of preliminary examIina ten
out II II were, sho1ld lceI it my bouDdrn duty 70
press him, as now press your Honor, t. send hi IN
on. NJ unPrejudiced mind after hearing the evil
GeHce ad u'cd, ("o matter what the previous char
d. fram ky,, ,Efs~
SIsieGt with hts Innocence.
The accused married a lady, brou ght her to Rich