Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1872-11-15


for the murder of Samuel Cunningham, near
Georgetown in January last, has been found
guilty. Application for new trial.
The name of the clergyman alleged to be
poisoned in Raleigh, n. c., by having strych-
nine administered to him. was DIR. }. Brenton
Smith, not DIR. Brenton, as stated yesterday.
The Argument in the FeweIl Case.
The correspondent of the Baltimore Sun
gives the following account OF the arguments
of counsel in the Fewel Case. After Mr.
NIenifee had concluded, Judge Thomas COM
menced with an eloquent allusion to the impor-
lance of the issues at stake in this trial, nyov-
ing not merely the life or death of the prison
er, but the happiness or misery of two farni-
lies, and the we'll being of society itself He
reminded the Jury that they were expected to
verify that pet maxim of the law, that every
mans house is his castle, aud show to the
world that when one undertakes to enter that
stronghold, and defy the protection it should
afford its inmates, he must be prepared to take
the consequences Of his act.
Judge Thomas based the grounds of the de-
fence, as Gepral Payne had done before him,
on the two pleas of justification and insanity.
To substantiate his first position he commented
with minuteness upon the evidence adduced in
the case, all of which had been published in
the reports, and cited the cases Of Ayre,
Grant. and Pollard, Bowyer, Richardson and
Mcfarland and others of similar import to show
that the higher law-as he termed it--publc
opinion. had always extenuated such deeds as
Fewell committed. 10 defence of his second
position he called attention to the instructions
submitted by the defence relevant to insanity,
and read from Ray on Diseases of the Mind
to show that there can be moral arrangement,
unaccompanied by any symptoms of physical
disease.
Judge Thomas was followed by General
Eppa Hunton who began with reference to
the proposition made by the defence to present
the case to the jury without argument, and
said the refusal Of the prosecution to accept it
indicated in them want of confidence in the
strength of their cause. He avowed that he
came into the case expecting to meet charges
brought by the Commonwealth, but he had
seen the Commonwealth retire, and only the
private counsel pressing, and this anomaly is
not only enough to vindicate the jury IN giving
verdict of acquittal, but demands that they
should do 80.
He alluded to the testimony Of Davis, who
stated that the prisoner had given as reason
for killing Clark the seduction Of his sister, and
drew vivid picture of the scenes that were
enacted at Manassas, while the seducer was ex-
pending every vile and artifce In the endeavor
to beguile and infatuate his victim. lie refer
red to the futile efforts that had been made BY
the prosecution to asperse the previous unSul-
lied reputation for chastity that Miss Fewe
had hitherto borne, and asserted that this, If
proved, would not affect his plea of justi6ca
ton, unless the counsel also showed that the
accused knew of his sisters former bad charac
ter at the time he committed the homicide.
Referring to the interview held by Clark with
the reporter of the Alexandria Gazette, he said
it was evident that Clark only considered the
Jail haven of refuge, and that Fewell was ad-
vised of this fact on the Both Of August, which
was the provocation TO commit this homicide.
Gen. Hunton also based the request for a
verdict of acquittal upon the two pleas of iusti
fcation and insanity. To sustain the first he
recited, succncty the circumstances attending
Miss Fewels abduction, and took the ground
that when mans wife or daughter has been
seduced the laws of Virginia confer upon the
injured party the privilege of taking the life OF
the seducer To maintain his second plea he
read from DR.. Hammond's opinion in the Nc:
Farand trial, with reference to temporary in
sanity. Gen. Hunton spoke about one and
three. quarter hours.
Gen. Henry A. Wise closed the argument for
the prosecution. He ascribed much Of the
mischief that had resulted from the liason to
the loose morality of the age in which we live,
and descauted at length upon free love and the
other isms of the day, not sparing Greeleyism,
which he characterized as immeasurably the
worst of ALL He reviewed the evidence with
great minuteness and attempted to impicate
in the assassination and e!opement several
others besides those whose names have already
been made public. He combatted the pleas of
the defence by showing that no cause OF
resentment can extenuate murder, and no
evidence had been adduced to show diseased
condition of the prisoners mind at the time
the homicide occurred. Gen. Wise's speech,
contrary to the expectations of his auditors, was
short At the close of the argument, at about
7:30 p. M, the jury retired to consider upon
verdict At the expiration OF five minutes
they returned, aud through their foreman
John S. Ewell, presented the following
verdict in writing: owe, of the jury, find the
prisoner not guilty as charged in the indict-
ment."
The verdict was greeted with vociferous and
long continued applause by the large number
OF spectators who had assembled in the court
room to await the closing scenes of this famous
trial. After his acquittal the accused came out
of the prisoners box and received the congrat-
ulations of many friends, who Immediately has
tened towards him. These formed an escort Of
honor and conducted him to Reds Hotel,
where he supped, and was afterwards driven to
Manassas.
Official journals at Berlin continue to encour
age the idea that the Emperor will secure
majority in the Upper House of the Diet, by
appointing a sufficient number of life peers, if
necessary to carry the country reform BILL