Evening star., 1869-12-31

Prom a letter in the Richmond Enquirer ON
this subject We extract the following.
Now 1 VIII introduce the accused. Look AZ
him. Noa see before yoa a ight-haired man OF
~ years OF age. dressed i'm a plain suit of gray
cloth. He Il rather unasr the ordinary height
about five feet eight inches high, II robust and
and possesses c0untenance that
wouh attrac, any bchelder. hs nose Is large
and promi- ct, hrs eyes large and ptcrcing, and
his mouth OF medium size. HIS II one OF those
faces that plainly tells YOU its owner j. Rrst-
rate man 20 have for a friend, bat terrible oa@
TO have for an enemy. Firmness, decision AMI
tcnacity Of purpose are indicated bv his features.
and these qualities are - shaded and softencf
by an expression OF good humor and geniaity
The lawyers in this case talked a good deal
about cooling time" and an argument was
made by the commonwealth's attorney 10 show
that the period which interyened between the
time when the accused first heard OF his daagh-
teri condition and the time when he killed her
seduccr was sufficiently long 20 prevent the pro
vocation from being effective a. a legal iustif-
cation Of the homicide; that the frenzy Of mind.
the monomania which one OF the witnesses said
the announcement Of his daughters dishonor
produced in Mr.. Aver, would have cooled down
and died out, and conseq uently could not serve
as legal excuse for this act.
IL may have been So with some persons whose
mental organization was different from his. but
IL is not 80 with Mr.. Aver. There was no cool
ing time for him. and believe with Judge Rob
srtson that the nre OF passion and revenge which
this deep sense OF shame and dishcuor had
aroused In his bosom would have become hotter
and hotter as time moved on. This was the
opinion I formed of him from his appearance
and from conyersatiors with him, and it Wa
strengthened and confirmed by the statements
Of gentlemen who had known him long and inti-
mately, and who were qualified % judge oc his
character.
This T. n remarkable case. as well a sal.
sorrowful one The Scducer Was an English
man who had recently come 10 Virginia, and
rad already gained In high degree the CONT
dence and esteem of the people among whom
he had made his home. Great sympathy u felt
for his iRRoccRt fdmiiy. The avenger Is also an
Englishman Nv birth, but he has resided from
childhood in our State, and has acquired wealth,
reputation and affection among the people with
whom he has lived. as has been clearly eAhih-
tied by the presence OF many OF his friends from
the counties OF Fauquier, LOudOn, Fairfax and
Culpeper, 10 express their sympathy and condo
lence for him in his unhappy situation.
There can lie no question OF his acquittai
upon his final trial. Judge Robertson stated
that there had been twenty mine prosecutions nm
this country for offences somewhat similar "a
this, and in no instance had the accused been
convicted. No petit jury in Virginia can be-
empanneled who will lind him guilty. The COM
mon law of the State, ii 4 NAV 20 speak. sane
tions his act and justifies II. Our statute does
not provide adequate punishment in eases OF
seduction. They hang a man for stealing -
horse, and leave the father 60 n pitiful action
for damages before civil courts against a man
who has blasted the fair fame OF his daughter
foreyer-a proceeding which is repugnant 70 the
feelings of the Southern people. and has never
been resorted 20 in this State that am aware Of.
Viewed in the light Of stern, strict, unbending
law, Mr.. Aver may have committed n crime. but
when all the circumstances OF the case are con-
sidered, he will not lie punished for IL.