The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1872-09-20

| sCENE AK LIS @ACQUfIJAfI-LAW8 IN
| GLOUCESTER, sc, 4s tssg., sJ..s 5sslf
The trial OF George A.. Tinsies, In Glo,i-
cester county, Va, for the murder Of Captain
Duer, resulting in his acquitta., has been
published. The reader will recolIeet that
nuer bad made some statements regarding
Miss Marcella Spindle and the prisoner,
who were engaged to be married. COM
promising their reputation. The prison
| or, in company with Miss Spindle's father.
| sought out Duer, demanded retraction.
! which was refused on The ground that the
report was true, commenced whipping Ducr
| with huSgy-whp, which being resisted by
| the deceased with lncket-kniie, the ac.
| cuscd, who had been cut, used his pistol
| and killed him. We get from the Glouccs-
| ter Rea0id some additional scenes of this re-
| markamc trial: -,
TESTIMONY OF THE YOUNG LADY s FATHER.
| After he shot him they .truggled on until
came ont Of the mill and caught hold OF
TinSlry. Then lc,ugh Ducr. The negroes
| then attempted to get the pistol from Tins
| ley. ard ! caught hold of it; one Of the hands
held the butt and / holding the barrel. We
succeeded in getting it out of Tinsley's
! hands. Dler now tried To get IL from me-
and | told him he should not have it. He
said he wanted it to shoot Tinsley. He now
let 60 the pistol, and gave i; to Il negro and
told him to carry it away. The second shot
OF the pistol WAS when was trying to get it
from Tinsley. and TO keep the hands from
getting it from him. It. went off into the
bank anil the powder burnt my hand. Duer
nj that time still had his knife open in bis
hand. did not hear Tinsley say anything
| Heard Duer say, d" am killed." *-
| After they were separated Duer turned
round and looked at me as ii he intended to
| cut me with his knife. Presently he walked
| of up to the house. .., .-...... Co.,.
| Dutr had addressed my daughter Celly
some eighteen months or two years ago. but
| had not asked me for her band. They We're
| engaged TO he married ut one time, but it
| was broken off about twelve months ago.
| Continued TO visit after that, and renewed
| his addresses. He was frequent visitor at
my house up to the Tuesday before bis
death. He and / were great friends. / felt
| grateful to him for his many kindneSscs.
This friendship ceased, however, from the
time he looked into my window. never
would have consented for him to have mar
ricd my daughter, because | did not think
be would suit her. My family told me OF his
looking in the window. My daughter told
ne Of it Tuesday after the occurrence. I
think it was week or two before informed
Duer Of it. He acknowledged it to me did
| not say what bis motive was, but said that
he was sorry for it.
Nv daughter was at that time engaged tc
Mr.. Tin>lcy. and is engaged to him now.
| THE INSTRUCTIONS OF THE JUICE
There WAS considerable discussion us to the
instructions to be given to the jury. We
furnish an exact transcript of the instructions
AZ given 10y Judge Kemp:
First. All homicide is, In presumption OF
law. murder in the second degree. II the
Commonwealth would elevate the offence to
murder in the first degree she must prove
that the killing was wlful, deliberate. AM
premcdtated, or done il oIleee-'0f the other
modes cnlmcs.fisait m the statute; aud if the
accused would seek /" excuse or Justify the
. killing or reduce it to lnanslaughtcr, the bur
I den of proof is on him.
Second. Ii the jury believe from the evil
drnce that the shot fired by the prisoner.
p which caused the death of deceased was
fired ilv him whilst ne and deceased were
e -lstpplcd in sudden tight caused by fresh
I provoc,tion ut the time, then the prcSump'
: ton is that the killing was because Of the
fresh proyocition; and il the jury believe
from the evidence that there was prrvlollr
t grudgc, then 1t devolvcs upon the Common.
q, wealth to show that the killing was because
Of the previous grudSc.
y Third. Every link in the chain Of circum.
Il stances necessary to the conviction Of the
n accused must be proved to the satisfaction
| If hp in tti n 81
d lish any fact necessary to convict the prisoner
q the jury cauuot convict the prisoner.
Fourth. When the attack upon the I'ri
y soncr is 50 sudden, fierce, and violent ;,s that
! q retreat would not diminish but rather i'll
: crease his danger, he may instantly kill liz
q adversary.
Fifth. When from the nature of the attack
: there is reasonable ground to believe that
; there Is u design TO destroy bis life or com
i nit any felony upon his person, the killing
the as>ailant will be eXcusable homicide,
3. although it afterwards appear that no felony
WIS intended. .... -. ..-... ...-. ..1
: Sixth. That the jury must be governed in
the trial of the clse entirely by the evidence
before them, and that it is. not sufficient
: TO the conviction Of the accused that The
re ;tmony in the case should merely create
probability lie; but that, in order to his
must be of a conclusive nature and tendency
establishing in the minds of the jury the
guilt of the accused to Il moral certainty be-
! yond all reasonable doubt. ... ....
Seventh. That if the jury shall believe
from the evidence that the accused shot Duer
and inflicted wound which caused his death
whilst Duer held him and was stabbing him
, with a knife which was a deadly weapon,
, and mficting upon him wounds which were
dangerous to his limbs or life, and causing
!, him comprehend death or great bodily harm,
and that he forebore to Use deadly weapon
until at or about the moment of receiving
the third stab whilst held by the deceased,
and that the manner and tierceneSS of the
assault by deceased upon his person with Il
deadly weapon prevented his retreat. then
he was eXcus,ble in shooting the deceased.
Eighth. That il, upon the whole evidence
in this case, there is any rational hypothesis
consistent with the conclusion that the homi-
eide was exc,lsable or illstifablc, the accused
cannot be convicted. ,'- '@.@ ".
Ninth. That every homicide is presumed
in law to be murder in the seeond degree. 1t
il. however, the duty Of the jury to consider
the whole testimony. both that introduced
by the Commonwealth and tue prisoner, aud
ascertain whether tbs prisoner has been guilty
of murder In the FIRST degree, murder In the
second degree, or granddaughter, voluntary
orinvoluntary, or whether the homicide was
not eXcllSable. ..-..
Tenth. That 1t the jury believe from the
evidence that the prisoner was prevented by