The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-12-19

1r,,rr~spondcncc Of the Richmond DiSpatch.l
DECEMBER Is, 1877.
I stated in my last letter that a difficulty
occurred on Friday between Mr.. Alfonso
PAYNE and MIR. James Walker, which proba-
hlv would result in the death OF the latter.
This was so far correct, hut the trouble oc.
Cured at Campbcli's instead OF Keswick.
Mr.. Walker died the same day, and that
night Mr.. Payne was arrested. Sunday
coroner Brown impanelled Jury and held
IN inquest over the body, the result OF which
WAS the finding OF that jury that the said
walker came to his death from blow
from stick in the hands OF Alfonso Payne.
Yesterday Mr.. Payne was arraigned before
Justices Nelson, Mckee, and Hancock.
EIGHT or ten witnesses were examined. and
fhc following is about the substance Of the
testimony: Walker and Payne are both
wood-shippcrs. a gentleman named Dick
inson. who had been shipping lumber, had
fonnd that he bad more cars ut his COM
mand than he cared TO use, and had turned
over 10 Mir. Payne "f!at " to ship wood to
charlottesville. Payne immediately pro-
cccdcd to secure the ear by placing on it n
certain amount OF wood. or a. marking" it,
as is understood by wood and lumber MGR
chants. Having done this, he came UP to
Charlottesville. In the mean time, Mr..
James Payne, who was hauling wood
10 this point, noticed that the car
had been removed, and that Walker had
taken possession of it, thrown his (Payne'S)
wood-oh. and was loading it with his own
wood Mr.. James PAYNE demonstrated
with him (Walker); told him the car was
not his. and he had no right to it. Walker
replied that :. he had it now and intended
10 keep it, About this time Alfonso
Paync (harIng returned from Charlottcs-
yilie) came up, and his brother told him
what WAS taking place, when he told Walker
that he Paync) intended to throw off the
wood that Walker had put on. Walker
told PAYNE that il he attempted it he would
"knock him on the head.' Payne lmme-
diately mounted one end OF the car while
his brother got up on the other end. Al
fonso PAYNE commenced throwing the wood
off. and while in the act OF stopping he re-
cciyed blow from Walker with round
stick OF cord-wood, which hit him on the
left shoulder and upper left arm, and which
Knocked him down. At this iuncture Mr..
James Payne rushed up and caught Walker
around the middle, and in the scuttle be-
tween the two they fell side by side between
the ranks OF wood which was piled on the
car. In the mean time Alfonso Payne. hay
ing recovered from the blow given him by
Walker, arose with a club in bis hand and
gave Walker two blows-one on the side.
and one on the head. Mr.. James Payne
then requested his brother not to strike
him CWalker) again, when the affair ended
RIGHT there. The PayneS then got off the
car, when one OF them ordered negro
man, who was working for them. to
&c. UP and throw of the wood. Walker
Said if he attempted it lie would
kaock him of, or words to that ef-
feet; aud further remarked that if
Pavne would go away and let him alone he
would get another car that night aud load
on for him as much wood as lie had thrown
OF. Mr.. Payne replied: Ell you had
said that ut first this difficulty would not
have occurred" Walker then proceeded
with bis business. and finished loading his
cars, and when the way.freight west came
along got on the train to 60 to his home,
somewhere near keSwick. He got OFT the
train at Keswick and proceeded to his home,
and on the way got so weak he was unable
to proceed. when his son procured 4 wagon
and took him 10 q neighbours, where he
died. Mr.. Payne came to Charlottesville
the same night, and was arrested by war
rant sworn out by William Walker. lie did
not seek to avoid arrest.
ascertalncd that Walker had sustained a
perfect fracture Of the upper right side Of
his head. irregular in form, which would
have squared one and 4 half inches. DR..
Randolph testified that it was the thinnest
skull he had ever examined, being scant
eighth Of an inch, and gave it as his opinion
that very slight blow would be sufficient
10 fracture it. The evidence throughout
seemed to show great agSravation to the
young man Payne. The Court heard the
evidence and adjourned until 10 O'Clock this
morning. Mr.. James Payne, who was re-
ouired to give Il bail bond as accessory to
the killing, was, on motion Of the Common
wealth's attorney, released from his bond,
as the evidence did not tend to criminate
him. The prosecution is conducted by
Micaiah Woods, Esq, and the defence by
Messrs. Blakey and Southall.
Mrs. Wolfe, wife OF Ezra Wolfe, Esq, an
old and highly-reSpected citizen OF this
town, died this morning. OUR.
SENT on TO THE GRAND JURY.
Especial telegram TO the Dispatch.l
CHARLOTTESVILLE, December 1S.-The
examination of Alfonso Payne for the kill
ing OF James Walker, spoken OF III my let
ter to-day, closed tonight at O'Clock, after
elaborate argument by counsel, and result
ed in sending him on TO the January term
OF the County Court for Indictment fol
involuntary m;fnslaughter. He was admit
ted to bail in the sum of $1,000. Great
sympathy is expressed for the young man
who, but for the technicalities Of the law
should have been acquitted.