The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-04-25

| PRISONER-THE CASE CLOSED BY THE
| COMMO&WEALTH'S ATTORNEY-HIS COM
MENTs UPON THE POSITION AND STATE
| MENTs OF MR.. WILLIAM L. ROYALL-TIIE
CASE GIVEN TO THE JURY WITHOUT IN
| sTRUCTTONs-THE JURY, HOWEVER, ASK
FOR INFORMATION ABOUT THE GRADES
| OF MURDER AND MANsLACGHTER-NoT
AGREED.
The Hastings Court was called to order
at IL O'Clock yesterday morning. Present /:
TIE Judge, jury, officers. counsel. prisoner,
reporters, and dense crowd OF spectators.
Mr. John i. Young commenced his
speech with an allusion TO the bright morn.
ing, the huoyant air and joyous sunlight,
the singing birds, and All that makes ma
ture at. this season OF the year so charming.
| And he painted to the minds OF the jury
| how hard it was to be deprived Of liberty !;
to be shut out from all this happiness, and
| then went on to consider the various
phases OF the case, and to plead for the
prisoners acquittal.
| =. .PREJUDICEs FOR THE PRISONER, ...
| Alludng to the fact that 4 jury could not
be obtained in Richmond, Mr.. Young
stated that while it was true nearly every
body here had formed an opinion, there
were many whose prciudices were in favor
OF the prisoner, aud they were as much dis
qualified as il they had been against his
case; prejudice against him personally there
was none. So the jury should not deduce
anything Enfavorabie to prisoner from the
fact that they were brought here to try him.
! He took it for granted that the Common
wcalth's Attorney did not hope to convict
of murder in the first degree.
1t was not murder in any degree, accord
ing to the view Of Dir. Young. 1t was his
opinion that, if it was any offence at all,
it was involuntary manslaughter. But he
| offence. He warned Curtis off, but never
did hc say I" I'!l kill you" Immediately
after the fall OF Curtis he declared that "
didn't want to kill him."
PUNISHMENT FOR C0wr1DING.
! Mr.. Young, in arguing that the jury
should separate the two transactions, stated,
as he did on the former trial, and as Mr..
Royal did the day before, that if the pri-
soner should be acquitted on this lndct-
mcnt he would still be liable to tria! for the
cowhiding. [Mr. Royal had said that il
he were the prisoners counsel he would
have TO advise his client to plead guilty OF
that.l But to try him for the affair at the
store "was repugnant to every feeling Of
humanity and every doctrine OF law"
He contcnded that the evidence as TO the
whipping was admitted by the Judge to
throw light upon the relations Of The two
men and for nothing else.
THE PIVOTAL POINT.
Mr.. Young discussed at great length the
law oil seli.deience, and whether or not his
client had lost any right in that respect by
reason of the affair at the shoc-Store two
hours previous; which, he contcnded, was
fully ended-thc parties having gone so far
as to shake hands. Mr. Young was con-
scious that the whole matter turned upon
this point, and so he devoted his great
ability to convince the jury that Poindcxter
had the right to project his own life by
taking Curts's, as he did. He read from
many authors and cases, all seeming to sus-
tain his view.
TIE TOUCH OF THE HAND.
In his concluding remarks Mr.. Young
| made an appeal to the jury to remember
! PoindeXter's youth; TO consider his rcla-
tionS with Miss Cottrcll; and not to forget
Qor they must know how powerful to one
like Poindexter was ''the glance of the
eye" "or the touch Of the hand" Of her
w
allowance for his hot blood and impulsive-
ness. Without commenting harslly upon
deceased, Mr.. Young maintained that Miss
Cottrell had the right to be offended at Cur
tis's conduct; that her whole course in the
matter was natural and laGvlike.
He did not think the drive OF Miss Cot
treIl and Mr. PoindcXtcr on that Sunday
when Curtis was said (of which there was
no proof to be kneelng at the altar-de-
served the rcprobation the Attorney for the
Commonwealth had given it. Miss Cottrcll
was availng herself OF an opportunity to
visit her brothcr-not out on sabbath
breaking expedition, but simply driving
with her affianccd to her brothers, nothing
more or less.
Mr.. Young discussed the facts and law OF
the case thoroughly in all respects. lie
spoke two hours and half.
George ID. Wise, Esq,
The Commonwealth Attorney. in begin
ming, stated that the speeches of the defence
had occupied seven hours. Ii he were to
attempt TO follow and comment upon all
they said it would detain the jury longer
than he wished and longer than his own
strength justified.
nut he should feel sadly dereict il he did
no, discharge his duty iearlcssIy and with
out favor or affection. He would not
follow that gentleman Mr.. Royalll, whose
place in this case seems TO be to cast re.
proach upon the dead.
THE MEMORY OF THE DEAD.
Mr.. Wise, continuing: l take it that
vour feelings Of humanity caused your lips
to curl in scorn. take it that your manly
feelings revoltcd when he tore the STROUD
from the body Of the deceased.
II PoindeXter'S dcicncc rests upon the
yil!itication Of the dead, God help him.
pity the man who can stand and look
twelve honorable men in the face and scat
ter the ashes OF the dead to the winds ano
dcnouncc him as coward and craven.
Mr.. RoYALL RISES.
Mr.. Royal: Mr.. Wise, you must not mis-
repreSent me. didu't denounce him lis 4
coward and craven.
| Mr., Wise I'll leave ii to the jury.
Mr., RovalI: I'll leave it to no one. die
10 such thing.
THE CURTIS MONUMENT.
The Commonwealth Attorney turning
to the iury]: You were brought here to try
the case because you knew neither OF the
parties; because you were without prclu,
| dice or passion. | did not speak to you OF
| Curtis that "none knew him but 10 love
him, none named him but to praise" Did
I tell you that the people OF Richmond had
raised monument to his memory? Who
told you OF these thin9si Who? Who but
| he who mocks the sister and the friends
who have marked the grave Of this man
with slabi