The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1874-05-05
T.,a, osIJaunsS w. Rey nolds for the
1Mmrsier OF G0orEs Cai'aEnan.
Aaouxssr or colpsEL rRsoL Eros, !. p. h .aa
40. GENERAL sxEES, ANDa. L. rA Ai S'''
fReported for the Dispatch.l

- NmxsleF OF George CaHaE
.aarTlvssr op co1osEL rssDLBrox,s. p. NAYS
sso, aasssAL sxfRN, AND 3. L. r1B1sH, ESQ.,
fReported for the Dispatcn.l
----..--!.--4,- Coy1NaToa, May 1874.
The remarks OF Colonel Pendleton Wele
INTERRUPTED Yesterday by the adjournment OF
The court. In opening be said 1on, genss -,
men OF the Jury. have been drawn hitnei W
law to decide what the greatest and WlsesS
have doubted-that human life may De tahen
for crime. Sometimes, as counsel, paw s, ~
defend prisoner when have grave , uouu.o
Of his innocence. Now no such iniilS1olo
hangs about nv neck. can face Inns D.oV tho
thirsty mob and defy them, and pro- LUZ ,ur
innocence of my client, and prove I. W 5o c;r.
satisfaction. The prosecution Ies.s w .ono
cimstantial evidence. Suppose you .L nAu " Ion.
TO the forks OF that road on tue lssu " ;nSica-
nary. and had found the dcaa poay' snn,e
ting that he had been oeslloteu oHld yon
utnei ,,nr,;rods "Who was the last man
a na,s ~ith him2n Did Callnghanrs iat9sr
go. This inquiry? No. Jim hey n9ius
I Liza him ,, is what he said. ALI the nor
;n,ua and cabins OF White Rock gap nuse
hoen ransscked to find witnesses TO conT,cI
Jt,, Rexnolds. The Commonwealth teiis US
- a man who knows more of the oceu tnah
~, nnc else. He was the last man Win Cai.
Iaehsu. He must have known every tn.hs .nas
sent on. WHY 10 that negro going OF large'
Instice demands why has not that negro oeeu
orrested If the Commonweaith's attolneJ
anas not believe him guilty, why has he not IN
tSnd,,cad him here as witness? he IS pei
- the Commonwealth. used when he was
Thought to be useful, and when nos uSeiu'
allowed to 20 at large.
Coionel Pendleton discussed the question
~ burden Of proof, and declared: We are
uot honnd to prove anything. might con-
font myself with technical denlal OF guiit;
Rut I do not choose to stop there. VIII
show nv the evidence Of the Commonwealth
that James Reynolds Is innocent.
He followed out the evidence to show that
lanes REYNOLDS had left his fathers house
before Tinsley passed the mill. Tinsiey
takes Elk minutes to ride to where he met
Brown and Callaghan. Stopped to talk
with them five minutes. Five and six are
eleven minutes. How long would it take
Brown and Callaghan to walk 327 yards ?
Brown said fifteen minutes. This makes
twepty.six minutes from the timc Tinsley
passed the mill till Brown laid Callaghan
down. james Reynolds had started before
Tinsley passed the mill. Had to go $50 yards
to get to the laurel patch. This would take
three minutes. Where was Reynolds at the
end of tHenty-six minutes? The Common
wealth says in the laurel bushes. What was
bis purpose in stopping theref Could he
have guessed that Brown would bring CAL
laghan along twenty minutes afterwards!
Did he not know that Calaghan had started
home with bis brother Dennis! Did he not
know that tho usual way from Dennis Gala.
ghan's to George Callaghan's home was over
the mountain and not down this road? The
arope of evidence" OF the Commonwealth
is a ropo Of sand. IL
Taking the testimony of George Craw.
ford, james Reynolds bad passed the forks
tventy-one minutes before Brown laid CAL
laghan down. He had time enough to get
home before thoy got to the forks. The Com
mon ealth has mathematically demonstrated
an altbi for James Reynolds.
Another view: James Reynolds started
ten minutes before the negro did, and passed
before Brown and CaNagban got to the
forks, because Brown did not meet him, but
met the negro near Dio Reynolds's stable.
Let us see where this ward OF the Common
wealth, Jim Minor, was at this time. Brown
meets him. He goes along. There was no
human being between that negro and Gala
CHAN. Did he drive the oxen over Calla-
ghane Did he stop and speak to him! Did
be tell the Commonwealth anything about
it. He goes and feeds the oxen aud comes
back, and by all the calculation that can be
made gets to the forks just as the screams
are heard. He did not hear the screams.
Mr.. Parish: Colonel, whose evidence are
you commenting on!
Colonel P: The evidence Of this negro,
10 hop uo1l ipfroducp6 him q former
occasion.
Mr.. P: did not introduce him.
Colonel P: He was introduced by the
Commonwealth.
Mr.. P: Why did you not introduce him
here?
Colonel P: introduced penirentisry con-
vict The Commonwealth dared not bring
him here.
After considerable further comment on the
testimony OF the prosecution, Colonel Pen
dleton proceeded to show that the testimony
wasunreliable. He commented in severe terms
on the testimony Of George Crawford and
William Brown. Another reason for intro
ducipg testimony for the defence is that it
may not be said that James Reynolds had no
testimony to show where he was on the
night OF the murder. The testimony Of his
family shows that he was at home that night.
What fact points 10 the guilt of James Rey-
nolds! It has been said that he threatened
to kill Callaghan. Do threats prove murder?
Here Colonel Pendleton went into dis
cusSion Of the value of threats. What of
the conduct Of the prisoner that night 2
Was it that of man fresh from Che slaugh-
ter of bis victim? He stops at bis granary
and feeds his pigs. Goes to the house, eats
bis supper, lies down, and has his feet rub
bed, and falls asleep. The next morning he
goes to the spot of the murder on his way to
his fathers. Returns to the house and has
breakfast gotten for the party who had
watched beside the body.
He closed with short recapitulatiop, and
Joseph +. Mays, Esq, took up the argu-
ment. ----
He complimented the jury on their pa
thence, admonished them again Of the duty
of the Commonwealth to prove its case, and
declared that prejudice originated this pro-.
secution. He said strong case of cir
cumstantial evidence could be made out
against William Brown, Jim Minor, or
OBrien. He laid down five rules Of evil
dence, and after reviewing the evidence
closed at Has with an earnest appeal to the
jury to acquit the prisoner.
General William Skeen began with beau
full allusion to the regrets OF the people at the
death OF CalIaghan, and spoke of the preju-
dice against the prisoner. Itwould be plea
SAINT to follow the General all through his
speech, but time fails. His address abounded
in close reasoning, sparkling Wit, beautiful
diction, and feryant appeals. His review OF
the evidence was critical, and his eloquence
added new laurels to his already enyiable
reputation as jurist and orator.
Mr.. Parish, in closing up the argument OF