The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-09-17

The HCSTINGS COCRT-JUDGE IL. d.
BURNuAM pEEsIDING.-The first term of
this court held since the death Of the
lamented William Ii. Lyons commenced
yesterday. The fact that Judge 81. B.
Burnham, the appointee of General Scho-
field, would preside, and the additional
fact that large docket had accumulated
during the long interim since Judge Lyons's
death, gave additional interest to the
proceedings, and attracted very large at
tendance of the legal profession, as we'll as
citizens generally.
At Ii o'clock Judge Burnham took his
seat, and officer 7. U. Dudley opened the
court in the usual form. The Clerk then
read the oath required Of all public Off
GERS by the United States Government and
the anti-duelling oath, to both Of which
the Judge had subscribed before Mayor
Mayo; after which the names Of the fol-
lowing gentlemen who had been summoned
as members of the grand jury were called :
George w. Smith, Peyton Johnston, Will
liam English, Solomon Davis, John II. Ty-
Ter, Samuel S. Cottrell, John Enders,
James E. Lipscomb, A. D. Townes, John
Dooley, l. Davenport, Jr., William Beers,
John f. Womble, H. W. Fry, George W.
Wilson, G. G. Elicit, Corbin Warwick, r.
A. Payne, William Holt Richardson, Am
brose Carlton, j. P. Winston, George L.
Herring, ]. L. Apperson, and Samuel c..
Greenhow.
Mr.. George W. Smith was sworn in as
foreman of the grand jury separately, and
the other members four at a time; after
which Judge Burnham delivered, in sub
stance, the following charge:
"Gentlemen Of the Grand Jwy,-With
much ditiidence we assume our share Of
the burden Of public affairs incumbent
upon us in the untried character Of your
presiding officer. In SO doing we bear in
remembrance and add our testimony to
the personal purity, eminent legal ability,
aud untring fidelity to duty of our sim
cerely lamented predecessor, Judge
Lyons, fully realizing our own ine1peri-
ence and probable shortcomings.
"Wcre it not for the assured know
ledge of your intelligence, integrity, en-
ergy, and fearlessness in the discharge of
your duties, $50 much needed in trouhous
tines,) upon which to a great degree de-
pend good order and security, We should
more than shrink from the discharge Of
the weighty and intricate duties devolved !;
but thus sustained and encouraged, we
have taken the solemn obligations i'm
posed by the laws of our country, and en-
ter upon the business awaiting action with
determination to exercise the powers
committed to our charge firmly, justly,
and unhesitatingly for the right, that vice
and crime may be punished and the inno-
cent may be justified, believing that in so
doing we shall receive your ready co0pe-
ration.
"Under the laws Of Virginia all persons
arc entitled to equal protection in their
rights Of person and property, and in this
court no distinction will be tolerated which
discriminatcs between individuals by rea-
son Of caste or color. The enlightened
sentiments of the age demand this at our
hands. The dictates Of charity and mercy
always impcl us to look with lcnicncy upon
the unfortunate classes Of the community,
and to give full weight and importance TO
evidence which tends to reduce the de-
gree Of accountability which may have
been induced by mistaken judgment or de-
fective information, holding II 10 he just
and conducive to good order in society
that upon intelligent criminals who trans
gress with full knowledge Of their wroDg
should fall The full weight of the 'nailed
hand of the laws penalties.
ave are informed that & considerable
number OF this grand jury have been from
time called upon to discharge like duty,
and that they have been frequently and
fully informed of the minutiH rf the vari-
Gus actss required, which knowledge re-
licves us of the necessity Of entering par
ticularly upon directions concerning your
inquiries, and only leaves it incumbent
upon us TO refer to thc more serious class
of cases which are likely to be submitted.
I" We are informed that there will be
presented for consideration several indict-
mcnts for murder, tnrgery, rape, burglary,
etc. To some of them we now ask your
attention.
"Murder is defined to be 'where per-
son of sound memory and discretion un-
lawfully kills any reasonable creature in
being aud in the peace Of the Common
wealth with malice prepense or atore-
thought, either express or implied 1t IS
necessary to the commission Of this crime ::
81. That the person against whom it is
alleged should be of sound mind, capable
Of knowing the nature and result Of his
act.
SO. That the taking Of life should be
unlawful, or contrary TO law. II, there
fore, a person in the commission of felo-
nv should, without the definite intent to
take life, by such act destroy it, it would
be murder.
"3. The object upon which such offence
is committed must be reasonable crea-
ture, in the peace of the Commonwealth
that is to say, must be human being
who ut the time is within the limits of the
Commonwealth and within the juriSdic-
ton of the court.
"a. The act of taking life must also be
vwith malice prepfnSe or atorethonght.'
Such malice or wilful purpose must have
been previously entertained, and may ap-
pear either by express admission, or may be
implied from the attending circumstances.
If, therefore, it appears that life was taken
by the use of a deadly weapon used in
reckless or needless manner, and death
ensue, the act would be murder.
"The statutes of Virginia recognize
these rules, and by them it is provided
that murder may be either of two degrees,
which are ascertained and determined by
the words of the law, and we need do no
more than direct your attention to their
provisions as set forth in the Code.
"Murder by poison, lying in wait, i'm
prisonment, starving, or any wilful, de-
liberate, and premeditated killing, or in
the commission of. or attempt to commit,
arson, rape, robbery, or burglary, is MUIR
der Of the first degree; all other murder
is murder of the second degree.
GAS is apparent from this direction and
recitation, not all unlawful taking OF HE
is { murder, for if the act be not accom-