The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-03-25
to speak for Mr.. McAdams, who felt embar-
rassed in speaking for himself,
MR. M'ADANS

matter, that il sworn to try The case he
would give far and impartial verdict. or
the inclination OF his mind Mr.. McAdams
did not speak to any one; nor did Judge
Minor, Mr.. John S. Wise, or the Common
wealth'S Attorney. seek TO make him dis
close il; nor would they have allowed him
IL he had been inclined TO do so. he, how
ever. showed no disposition to disclose hts
views on the subject.
II the remarks OF the Commonwealth
Attorney were rightly understood, he had
received communications regarding the
qualifications OF one juror, and could intro
duce witnesses 10 prove certain expressions
OF another made before his examination
0vERRCLED.
The suggestion, or rather motion, OF de-
fence TO recall Mr.. McAdams and further
examine him as 10 his qualifications as n
Juror WAS orcrruled by the Judge. ..-
The defence thereupon excepted, and
Judge Minor, Mr.. j. S. Wise, Common
wealth'S-Aitorney George d. Wise. aud
same their statements Of conversation with
MIR. McAdams.
There was also statement IS to the eX-
animation OF Mr.. McAdanis, and the fact
that defence had not then excepted to him.
THE JURY FORMED.
The sixteen were now brought into the
courtroom ard their names called over.
McSSrs. jefferson, Potts, McAuams, ana
Brown were told to stand asde-defence
having struck their names from the list.
The remaining twelve were then sworn
in 10 try the case.
They are McSSrs. Joseph w. Argyle, w.
L. Jennings, Hamctt \. Pearce, w. +.
Swctnam. \. w. Galloway, Alexander
Calder, L. G. Figg, o. 4. Francis, y. j..
Bowers, and J. b. Elan.
CHARGE TO TIE JCEY.
After the jury was sworn the clerk di-
rectcd the prisoner to stand up.
The prisoner arose.
The clerk thcu read tue Indictment, and
said:
Upon this Indictment the prisoner has
been arraigncd. and upon this arraignment
hath pleaded Not guilty. and for his Trial
hath put himself upon the country, which
country YOU are.
Your charge. therefore, is TO inquire
whether he he guilty OF the murder whereof
he stands indicted, or not guilty. II you
lind him guilty, you are then further TO IN.
uUirc whether ii be murder iii the first de-
gree or murder in the second degree. II
YOU find him guilty OF murder in the first
degree. say so, and no more; hut II you
find him guilty Of murder in the second
degree only. say so, aud you are then fur
thcr TO ascertain the term Of his confinement
in the rcnitcntiary at not less than five nor
more than eighteen years. II you lind him
not guilty either Of murder in the first or
second degree, but guilty Of voluntary nian-
slaughter only, say so, and you are then 1ur-
thcr 10 ascertain the term Of his confinement
in the penltentiary at not less than one nor
more than five years. II you find him guilty
neither OF murder in the first or second de-
gree, nor OF voluntary mansaughter, but
guilty OF involuntary manslaughter, YOU are
10 say so, and then you are to assess bis tine
at your discretion. If you find HIM not gull
ty, say so. and 10 more. SO hearken to the
evidence"
The prisoner took his seat.
The witnesses for the Commonwealth
were called TO the book and sworn by MI.
Jinkn>, the clerk OF the court.
+. HI. Mcclure.
Mr.. F. II. Mcclure was the first witness
called 10 the stand. His statement in chief
embraced very few, il any, facts not gwen
by him 10 the Coroner'S jury. On the 81 OF
March he accompanied the deceased Charles
! G. Curti>l 10 the factory of John Is. Childrcy,
where the prisoner was employed. lie be-
gan (at request OF Mr.. G. D. Wise) by stating
the location OF Chi!drey's factory. He did
not know the number Of the cross street
| (Twenty-fourth). The front street is Main
| The hour was about II 4. NJ. He then
went on to tell what had occurred at
| the factory-Hothing previous. The office
consists Of three compartments. He was
| r~o, md inn nH,,
The back office he did not enter. He was
| under the impression that there was Il stove
/ in the front room, and that Mr.. Lyon was
sitting with his feet owards it. Witness was
asking Mr.. Lyon where PoindeNer was
when Curtis. WHO had come in behind him,
discovered Poin1cXter ut the wi indow IN tie
Dartition, and Curtis went up to polndeNtc1
at the window and demanded an apology
for his action in the morning. The partlcu'
lar action was moi stated by WitnesS.l Rom
dexter declined to make the apology, ant
thereupon witness told Curtis to 90 II
| there. Curtis instantly went through
the door of the partition into the compart
ment where Poindeytcr WAS, and witness
! went in behind hlm. Witness described
the furniture in the room where PolndeX
ter was. but his recollection was not very
clear as TO it. His impression is that Pom
| dexter got OFT a stool rs Curtis entered lht
| room.
"I AN UNARMED."
| Witness became aware. that PondeX'el
| had drawn pistol, and heard Curtis So!
" I am unarmed." Then it was that Curtis
inouirincy looked over his shoulder, rs il
were. at witness. and witness told hin
q" You must beat him." beat him." OF
words to that effect. Curtis then advanced
on poindexter with the stick and PoindeN'
| ter commenced firing. Upon the tcrmina-
ton OF the shootin" witness caught Curtis
by the shoulders before his head touchtd
the floor. Deceased looked into witness
face with an expression Of pain. lie
could not say that deceased was then con.
sciouS. Curtis was about his (McGuirc's,
height and size.
THE CONFLICT.
To CommonweaIth's Attorney: Curtis
had no weapons except the stick; certainly
none TO my knowledge.
TO Mr.. Areyle, a juror: The first shot
and first blow from stick were very nearly
contcmporancous.
70 Commonwealth's Attorney: thought
there was Il negro in the front office with
Mr.. Lyon, but about that am not sure.
Mr.. Pearcc, q Juror, asked witness il he
acted as the adviser OF Mr.. Curtis in going
down there.
The Commonwealth's Attorney requested
the Juror TO withhold that question until al
ter the cross-eXamInatlon.
To Commonwealth's Attorney: l am un-
der the impression that the stool was taii
one, and that PoindeXter was three or 1ouf
feet from it during the conflict. GURUS