Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1872-11-07
THE JEWELL TRIAL.


The Case by the I'rOsecHtiOns-Kepl
Ot'1hp Defpnce-SpeecheS of Judge
Sinclair and Gen. Payne.
Reported for the Alexandria Gazette
BRENTsvILLE, Nov. 6, lS72-The trial OF
Lucian n. Jewell, Familiarity Known as Rhody
l'cwrll, for shooting and killing James F. Clark,
in the Jail AT this place on the 3st Of last
August commenced, to day. in the County
Court OF Prince William county, before Judge
\. Nicol y large crowd was present, but not
50 large lis that which assembled at the last
term Of the Court, when the case was called
but postponed, in consequence of the absence
OF important witnesses.
The Court opened about eleven o'clock this
morning, and the Jewell case being called, the
counsel for the prosecution, Judge Sinclair,
Commonwcalth's Attorney for the county, and
Mr.. j. u Mcaifee, Of Rappahannock, an
bounced that they were ready for the trial to
begin Judge Thomas and Generals Huntou
and Payne appeared as counsel Tor the defence
The accused was soon after brought in and
| took his seat in the rear Of his counsel. He is
gentecl looking man, about twenty-seven
years DID, about five feet ten inches high,
weighing from ono hundred and thirty to one
hundred and forty pounds, with brown hair and
eyes, good forehead, high cheek bones, straight
and prominent nose, and being blanched by
sickness and confinement in Jail, and being
dressed nicely, presented a trim, jaunty, and
rather prcposSessing appearance He was per-
tcctly elt.posscssed, and smoked his white clay
pipe with an air Of nonchalance evidently in
| duced 10y his belief that he had doue but what
was right, and what he would be sustained in
by those of his countrymen who might be Sc
lected to try him.
The indictment being read by the assistant
clerk Of the Court, William + Lipscomb, the
prisoner pleaded not guilty, and the venire
summoned for the trial was called. Maj A. H.
johnson, j. p. Gaues, Edmund Berkeley and
! II. T. Lynn stated that their minds were made
up as 70 the verdict they would give. and they
were consequently set aside, and the panel
was announced as follows T. w. Buckley, ".
H. Poland. Daniel Ayres, J. T. Poland, G S.
Pickett. D. A. Pickett, w. T. Skillmau, j. P.
Smith, Joseph Otterback, c. f. Tyler, John
S E.weIl, R. \. Foley, NJ. W. Nails, W. Fl.
Henson T. J. r. Clarke and j. NJ Shirley
Of these the defence struck off four and the
jury is composed Of the following named per-
sons W. H. Puland g. S. Pickett, D. A.
Pickett, w. +. Skiman, J. P. Smith, j. n.
Ottcrback, C. +. Tyler, Jno S. Ewell, R. A.
Foley, NJ W. Nails J. NJ Shirley and f. j.
T. Clarke.
Most of those selected as jurors had formed
an opinion with regard to the guilt or innocence
of the prisoner, founded upon what they had
heard or read in the newspapers, but as they
said their verdict would be formed from the
evidence elected duriug the trial to be held,
no objection was made to their serving.
The jury being sworn in and given 10 charge
of the Sheriff, the Court took recess for one
hour Upon the milling Of the Court the
counsel for the prosecution moved that the case
be continued until to morrow morning 10 order
that Governor Wise, associate counsel for the
prosecution, who had 10 his possession pa
pers containg matters of importance connected
with the case, aud to whom the knowledge of
all the preliminary proceedings Of the trial
would be Of importance, and who had been
telegraphed for, might be present, but the mo-
ton was opposed by the counsel for the defence,
and ovcrruled.
Judge Sinclair then opened the case for the
prosecution, stating that though the cry Of
irbt h., 49,
| to the employment of assistant counsel for the
for ii ever prosecuting attorney felt the need
OF assistance, it was now, and in the case be-
fore the court he felt that need 10 every fiber of
his body, and in every effort OF his mind, ard
| the employment Of such assistant counsel was
| by no means unusual. He wanted the jury to
bear in MUD that Clark when shot down in
his cell in the Jail had been convicted Of no
crime that would stamp his brow with shame;
that be he was confined in Jail for examination,
and that until he was examined and found
guilty, he was entitled to the protection of the
law Jewell, he said, did not think he had
committed any crime, and had surrendered
himself to the officers of the law under that
supposition, not seeming to understand that
when the shield of the State was thrown around
man as it was around Clark in prison, that
man 5 person was sacred, and that an offence
against him was an offence against the Com
monwealth. In the consideration of the case,
he wanted the jury to remember the anguish
Of the dead mans wife, the misery Of bis
children, and the sorrow of his father, which
was so great that, thought he was in the village,
he was unable to come into the Court House.
Even if Clark were guilty of the offence with
which he was accused, his crime was not sufh
cient for the terrible expiration it had met All
men are week, and the sin OF the dead man
might be that Of the living. fit could be
proved that Clark had seduced his victim and
set on fire the temple Of innocence, and laugh
ed at the confagration, there might be paIia-
ton for his murder, but even in that case there
would be none for shooting him down like
dog W hen in the hands of the law; nor could
he understand why the alertness in his murder
had not been manifested before he was arrest
cd aud under the protection of the law. He
concluded by regretting his position as prose-
cutor. and by asking the Jury to Judge between |