Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1870-12-13
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presiding After our report closed yesterday
q Jury was ottslned IN the Boswell case. After
being charged by the Court the Common
wealth's Attorney, Capt, II. L.. Smoot, ad.
dressed the jury. he maintained that the Kill
ing Of the co'ored piri gu the 4,h day # last
July ~as a wiiful AID de?ibera,ed and rre1nedi.
t.:sd killing, aud that ,he jury ,hou:,i bring
in y verde. Of mur2, ~ the FIRST decree. He
cXpla;Eld TO the jar, how prevalent crimes
wzre becoming, aud lie expressed the hope that
= Virginia iu!E would show that a deliberate
murder could not 20 unpublished. Ii the case
merited mercy he would cheerfuliy unite with
the Jury in an appeal to the Governor for ex.
~ccutivc clcmency> but he did not think it was
"a, the jury to show mercy 10 their verdict. If
30 there would be 10 end to crime-murder
would go unpunished. Capt. Smoot then, in
IN ingenious reumens proceeded to prove
that the murder was a 1iIlul, deliberate and
ireucditated murder.
Ga the conclusion Of his argument, Mr.. S.
Chapman Nea!e addressed the jury on behalf
.: the defence. He onened BY saying that he
Goag7atr'a:ed himself that there was given to
every man charged With a crime u trial ty Jury,
ana be lc;t grateful that the Jury which had
hccn sw3rn 10 try the prisoner was composed
al 81 nary lnir!lsrnt clilZnnS lie pointed
nut the great rrS nct>itilly resting upon them
IN ti' ~ l'itS "UOiu ldSGl ~ w
wAc'icr James Boswell should live or d.. lie
equipped them 70 put aside everything they
might haca heard for aud against the prlsoucr.
ai.i ~ raa!sr A verdict IN strict accord lDce
with tie evidence and the law. lie then stat
eI the diff between the doct1ioe ut com
n;0a law aud IN flrpiula, concerning murder,
and stated that murder in Virginia was divided
into two degrees. and that 10 order TO cousti
tut: mur1cr in the first degree. the murder
must have been wIi!ui, deliberate and pre-
;peiita;cG. lie contended on behalf OF the do.
!+Gca shat The murder was not the wltnl, DC
.:hsrHr and nrem"ditatcd murder plat
ct! by law: lsr. From The manner OF killing,
wo!ca dill away with any Supposition OF a pre-
Irl!er1tlGn, d rra-purpOSc,O or a..pre.coucelVed
:.an. aud ~. because the prisoner was 50 under
The ~lutlucncc OF liquor as to render 1t lmpoSSl-
be Tor him TO iotm n wilfu'. Deliberate and
TX lavdi;ated design OF killing, aud he read
extracts troiu various legal authorities 10 sus-
i.ia ii. proposition. For the two reasons stated
ns.pva he cialmcd that il was only murder in
:nr second irsre. lie contcnded further that
IN order to constitute murder in the second de
gre, there must be malice expressed or n piled,
AID ;l;"tc c,u'd have bten no malico III this
Case. ihn lack OF previous acQulintarce, OF
~: mgr Injuries or former prudges, aud the
we@pan used did away with the idea. lie then
S.;r: III laSt 2rounI OF defence which was,
shat ~ the tim: tn pr:S,ncr committed The
%otTenca. +. WAS Insane. lie then DE- fined Ia
t~c:!cotuI! and mura: tn~tnity. aud claimed this
was moral iasauity II. elaborated this idea,
aud curc'u1ud win all eloquent appeal tn the
ilry - give taa psiSJiAr tlo benefit % any
,!Aubt they might have regarding Ills sani'y.
The examination OF witnesses tor the pruse'
cution Was then comme0ced:
Thomas Huntington: Knew the prisoner
a,tturion Was called to him on the 4th day OF
last July at The colaeI Of Kin. aud West
streets; saw him stumble over y barrel. saw
h,n pick up q stone aud throw it; thought he
threw it at "a flck o! ducks in the street cid
not see the stone strike the child went UP and
saw the child lying Oh tho ground Boswell
SAID he did not iuteqd 20 kill the child; and said
if | have killed her | did not mean to do it;
Boswell pulled eff his coat and sat down on the
euro stone; saw Boswell in conversation with
slr. Grirg, AID thought ;hey had high words.
Ga The preceding Sunday had a conversation
wiih the prisoner, and had asked him why he
did no. rctorm aud be O better man; boswell
rsp!ied ,tat he wanted TO die. Witness could
not account for this reply out supposed whls
key was the cause OF Is.
Safer Blouse: Saw B0sgcil 1T The time OF
the killing, but did not see hun throw inc
stone, nor did he see the Stone strike the chlic;
saw some ducks in the street aud supposed the
stone was thrown Al the ducks; saw a cart
betweco Boswell and the chile; heard the stone
st,ike the fence. :,
James Grigg: Saw Boswell at the time OF
the killing heard the stoue strike the fence;
the child was struck On the right side of the
head; the chilIreu were going towards Ming
street on tie west side o. West street; Boswell
was on the east side Of the street.
Ohio Berry, colorcd, lived at the Green
House garden oil which runs back on West
street GEAR Cameron street; the children at the
time q! tic killing were going towards hIng
street.
Margaret Aun Robertson, co'orei, was the
grandmother OF the child; the Child ives struck
on the right side OF the head.
The defence then proceeded 70 examine their
witnesses.
John Wrenn testified that he saw james
Boswell on the 4th OF July in a very drunken
condition had been drinking Tor several days;
had seen him Tor several days previous and he
was always under the Influence of liquor ; on
the 4,h of July he could hardly "a!k no was
so drunk don't remem'er that he was a day
or two before, but he was very drunk two days
before: saw him ia the torPpart of the day on
the 4th of July; could hardly walk then, was
az drunk then us he afterwards Was.
Mr.. Harlow: Knows James Boswell; saw
him on the 4th of July alter dinner, about an
hour before he killed the girl; lie was stag
pering then; had seen hun some days preVl-
Gus, ADD he was always drunk.
sir. Rocker testified that Boswell was very
drunk at the time OF the killing.
Lucien b. Hooff: Saw James Boswell IN
June last as he was going into the country
saw him walk over into Iloof's Run; pulled
him out; went on @ little way and LOOKING
,o,,1 q that .Jamc, Bu,Well was again IN
The water; with the assistance Of Mr.. Gun
ningbam again pulled him out knows John
Boswell, a brother CT the prisoner John Dos,
we'll at certain times manifested symptoms OF
insanity. This occurred at regular intervals, at
the change of the moon never saw James
Boswell manifest any OF these symptoms.
Patrick Cunningham Was going out into
the country; was called to by MIR; Hootf' who
said Boswell was trying to drown himself went