The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1868-11-13

LOCAL MATTERS.
TIE GRIFFIN HABEAs CoRPUs-HIsToRY
OF rHF CAsE.-Judge Underwood held q
| special term Of the United States Circuit
| Cour, yesterday to consider the case of
Cesar 7. Griffin, negro man, upon whose
| petition. a writ of hdbeaS corpus was
awardeT some weeks ago. 1t will be re-
nembe. ed that this is the case upon the de-
| cision OF which depends the tenure-of-ofice
of large number of Viginia ofice-holders,
including the judges of several of the cir
cut courts. 1t is claimed that Judge
| Hugh W. Shetfey, who sentenced Griffin
to the penitentiary, is not now, and has
not been since July last, judge of the
State of Virginia, being expressly disquali-
fed and prohibited from exercising the
functions of that Office by the fourteenth
| article of the Constitution Of the United
States. ,iisszz5.7 sa.s.s-7ss.sSs..F So
AS this case is one Of great Importance,
and will doubtless excite general attention,
we, have been at some considerable pains to
lay before our readers the circumstances of
the crime of which Griffin was convicted
No doubt they will be recalled by many
when we state that Griffin is the negro who
shot Frank H. Brockenborough, q son of
Judge Brockenborough, in the streets OF
Lexington, on the Sth Of last May. Young
Brockenborough and his mother were walk
ing home late in the evening, when their
passage was obstructed by party OF
colored persons, both men and women,
who were sauntering along just ahead OF
them. Mrs. Brockenborough states that
her son very politely asked them to get out
of the way, when Caesar (the petitioner)
insolently replied, 81 won't get out Of the
way for any ID rascal" Mrs. Broken
borough said, "Boy, don't get excited.
Frank would have asked any of his fellow
students to do the same thing" One of the
girls of the party then exclaimed that il
she had known who it was she would have
stepped off the sidewalk at once. They got
out of the way finally, and Griffin "ripped
out an oath as the white folks passed"
Brockenborough then exclaimed, "I'll
thrash you, you scoundrel, for this" Grif-
fin replied, "Do, if you dare. | am your
man. Mr.. Brockenborough then walked
with his mother to their own gate, cut a
stick, and returned to the spot, intending 10
chastise the negro. Grabbing his collar,
he raised the stick and made some
remark differently understood by each wit
the ball passing, it is said, entirely through
his antagonists body.
| The statement of the negroes examined
differed in some respects from that of the
whites. They said they thought Mr.. and
Mrs. Brockenborough were colored people,
or they would have stepped out of the way;
that Brockenb borough first cried out, amt
you going to let me pass?" and as they
got away said, "if you hadn't got out OF
the way I'd have thrashed you d-n quick !"
and that they all thought he had gun in
| his hand instead Of stick.
Griffin, when arrested, confessed the
shooting, but said it was in self-defence.
| On the Let Of June he was indicted by the
grand jury; but electing to be tried by the
Circuit Court, his trial did not come off
until September, when he was convicted OF
"unlaTful hut not malicious shooting"
and sent encel to be confined for two years
in the pen.tcutiary. A motion for new
trial wag overruled, but subsequently exc
cution Of the Judgment was suspended for
thirty days, In the mean time the pri-
| soner, through his counsel, G. 8. Bundy,
ESQ, ob.eined the writ Of habeas corpus,
| returuaHle yesterday morning. The an
swar o. lie sheriff of Rock bridge to the writ
sets forth briefly the principal facts stated
above.
| Wien the case was called yesterday, At
| tornry-G areral Bowden asked for con-
tinuf nee on account of the sickness of Mr..
Lyons, Tho was to represent Judge Sheffey
in the .2ase. He was disposed to ask it,
too, oa his own account, as he had had nc
opportunity to acquaint himself with the
facts, aud the case was one Of the greatest
importance to the whole Commonwealth.
Mr.. Bundy said that in case involving
the personal liberty of citizen, as did this,
he did not feel at liberty to consent to any
long delay. However, he was willing to
accom- modate counsel, and would not object
to anything the court might think proper
He deemed it well to remind the Attor-
ney- General that this was not movement
to unseat Judge Sheffey, but to ascertain
by what authority the petitioner is held.
Mr.. Bewden suggested that the case be
continued until Saturday. He wished tc
post himself as to its merits.
The Court said the case should be eau
tiously proceeded with, and while habeas
corpus usually had precedence, this was
such au important matter that all reason
able indulgence must be granted, even al
the expense of few days of Inconvenience
to the petitioner. The case was therefore
adjourned until Tuesday next.
The prisoner was given in charge of De-
putty United States Marshal Lynham, by
whom he was consigned to the city Jail.
PROBABLE HOMICIDE.-At about Il
o'clock Wednesday night stabbing atfray
occurred on Main street near tleldlng's
! bar-room, resulting III the serious If not
mortal wounding Of young man named
William Jackson, sometimes called William
Gates. 1t is said that Jackson, friend
named Burch, and another whose name
is not reported, we're playing bagatelle in
Fielding's bar-room, all being somewhat
under the influence of liquor, and rather
disorderly. While thus engaged James L.
Boyden came in and some high words
passed between him and Jackson, which
resulted in their going out in the street te
have fight. Jackson called Boyden 8
id son of b--h, and struck him
whereupon the latter drew a large pocket:
knife and stabbed him. The blade entered