The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1872-03-21

| IHE CASE OF YOUNG CARSON-A NE}
TRIAL GRANTED.-Last week we announce
that Judge Hcndren had responded to the re
quest of the Counsel Of G. G.. Carson, chare
ed with the murder OF p T. Clinebell. b
consentlng to hear an argument on a motto
Tor new trial on Saturday last In conse
quence OF the continued absence Of Col Bald
WIN, the associate counsel, Maj. Elder ane
Capt Cochran asked thatthe case be contin
ued until Monday. Carson had been fount
guilty of murder in the End degree, and hi
punishment liked at ten years in the Peniten
tiary. The motion was argued by counse
fol prisoner, Messrs. Cochran and Elder, an(
Capt. Bumgardner for the Commonwealth
and closed by Col, Baldwin, for the defence
Judge Hendren. after reviewing the evidence
summed up his opinion in substance as fol
lows
lst. That, according to fair interpre1a
tlon OF all the evidence, the crime of the ac.
i eused did not rise above voluntary man.
slaughter
End. That, even coaceding that some r1od.
lcum or degree Of malice might be ascribed
to the accused, yet that it was inconsisten,
with aid contrary to reasonable and lust
Interpretation Of the evidence not to have
concluded that said element was SO modified
BY great actual and natural mental pertprba-
ton aud excitement as to reduce the crime.
10 That case, to bare murder in the End de-
gree; and that therefore, the punishment Of
ten years imprisonment by the jury was &C.
cesai0e; that such excess could only be re-
lleved against by the result of a new trial
Ihe Executive Of the State (siso.,ld he be
disposed to intervene) while he has the pow.
er OF unconditional pardon, has not the DOW
or to i'eaace merely the term fixed by the
verdict Of the Jury and the judgment Of the
Court thereupon.
From these conclusions the motion for a
new trial was granted, and the time fixed for
the re- hearing of the cause on the 9th of May
next, during the continuance Of the April
term.
The wisdom Of the course of the Stanton
press, which was adopted by each one of the
EDITORS OF the respective papers without con-
sn.atlon, IN not publishing the evidence, is
suificiently vindicated by the present statns
OF TINS case. In the preliminary trial we
mad taken down the evidence of all the wit
nesses examined, but after moments reflec-
ton, decided not to publish it. In the trial
recently concluded, we did not attempt, a re-
port OF the proceedings, for the same reason
that governed US in Withholding the evidence
IN the hrst instance, from the public. It
would have been better if the partial and
imperfect reports sent to the Richmond and
New ork papers, had not been given to the
puoiIc, TOR we do not know to what extent
they have been read, nor what opinions they
may have assisted in forming. Of course we
mean no reflection upoa the young gentlemen
", Who solndustrlously got up those reports =
Inc lmperiection consisted mainly in the no,
cessarly condensed form, in which they were
made. 70 Que can give in brief synopsis
OF the testimony and cross examination of a
witness the exact bearing they have upon the
case G and jury, and hence the impoicy of
u nooolns them upon the country. A cause of
TINS KIND is never final, until the sentence
mas peen executed, aud therefore anything
less than Derbatim report becomes improp-
er' and that should not appear in communi,
ty where \ Jury has to be- chosen