The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-04-26
POINDEXTER'S TRIAL ENDED
THE Verdict ONE THAT C4RRIES WITH
II TWO YEARS IN PRISON.
Found entity OF Voluntary MansiauGhter In
killing Charles CurtIs-The Appearance or
the Prisoner Hearing the Verdict.

the Prisoner Hearing the Verdict.
RICHMOND, Va. April 25.-The second trial
Of John f.. Poindexter on the charge Of killing
Charles c. Curtis in March last. has resulted in
n verdict Of voluntary manslaughtcr. and his
punishment is fixed at two years in the peni-
tcntiary. At the request OF the prisoners
counsel further proceedings were postponed
till Monday.
Poindextcr was first brought up for trial in
the Hastings Court in the latter part OF March.
and the trial was the absorbing theme in the
city for several DAYS The story Of the tragedy
as brought out IN the evidence taken in the first
trial may be briefly told. John Poindexter. a
clerk in Coudreys tobacco factory. WAS the
lover Of Miss Isabella Cottrell. a petite. brown
haired Young woman of 26 years. In January
Miss Cottre went into the shoe store Of Wngo
Elicit < Crump to buy shoes. Curtis was
salesman in the store. and he annoyed his GUS
toner by being too ofIlcious in the matter
OF trying on shoes in her endeavor to
secure NJ for her noticeably neat foot
Some three weeks later Miss Cottrell
again visited the same store and was
again served by the same clerk. who this
time uttered audible compliments of her foot
and followed the young woman to her phaeton.
where he took occasion to further testify his ad-
miration by squeezing her arm when he assist
| ed her into the carriage. On the following Sun
day Miss Cottrell rode out with her lover. John
| Poindexter and told him about Curtiss rude
ness but she did not mention the fact OF his
having squeezed her arm until she was remind
ed Of this crownng act OF rudeness by friend
ly scufile that she had with her lover over a let
ter after they had returned to the house at
which she was living Poindexter's counte-
nance assumed serious expression. and he
asked whether the offending salesman was
larger than he. adding: II he is larger I may
| not horsewhip him." He was told that Curtis
was taller ana probably heavier than he; but.
Notwithstanding. on the morning OF the 81 OF
| March he went to the shoe store and accused
| Curtis Of having insulted a lady Curtis made
some unsatisfactory reply and two hours later
| he appeared with a friend In the tobacco fac
| tory and demanded an apology from Poindex-
ter Loud words were used and according to
| the testimony Of an eyewitness. Curtis was shot
| four times 10y Poindexter while he was advanc-
! ing on the latter with AN upraised stick. Curtis
| died during the evening.
Miss Cottrell was called as witness in the
| nrst trial and was under examination nearly
! three hours. Her testimony was eagerly
awaited because the nature Of the alleged in
| suit which Poindexter avenged had not been
made public. In summing up the case the
| COmmonwealth's Attorney referred TO the many
similar cases of shooting occurring In parts of
| tho South and in closing. he said: ] would
rather be Curtis dead than Poindexter living. II
matters not what may be the yerdi Jet OF the Jury;
| in which his counsel claimed that he killed
Curtis in self-deience. After being out for
twenty-iour hours the jury returned for in
structlons; The nature OF their perplexlty IS
revealed In the further instructions Of the
Court. which were as follows; II tho Jury
cused killed Curtis while Curtis was
sdyancing on him; him; % and striking him
necessity, in order TO protect himself from Sc
rious bodily injury or death, having first re-
prisoner is excusabe for killing Curtis. But
| they must be satisfied from tho evidence that
iondeXter THs w-,ho4, ,9ait IN orinsins that that
| tho "Viicn . that. n IN time - the ki!liag.
accused toward Curtis. hut mat me- death Of tho
/ deceased was caused IN me sudden aifray. and
a..'u, ~ - ,vi,t ,ba F,r,., n,,.aith o., sho,v
| that the killing was hrraI-' - tho old grudse.
II "a the whole tyidcn,e th-re /; q rational by
homicide was excusaol7, or justified. the ac-
cused cannot be convicted"
The counsel for the d~tonce objected to that
| portion OF the instructions in reference to the
| prisoner bringing the assault upon himself.
The Jury returned several times and reported
inability to, agree and at lO's o'clock on the
| evening OF March 20. having been out more
than iorty-eght hours, they wero discharged.
90 the last roll call the vote was i've for murder
/ in the second degree. five for voluntary man
slaughter. and two for a'quttal; or. At most. in
| voluntary manslnuEhter. Those who wanted
| 10 bring in verdict Of murder in the second
| degree were wiling 10 return verdict ot vol
| untary mAnsaughter. and make the penalty
| three years imprisonment but the two who
favored acquittal would not agree to verdict
above involuntary manslanghter The prisoner
was remanded without bail
| Much difficulty was experienced In obtaining
aIury Tor the second trial. Tho defence made
other county. on the ground that fair trial
| could not be had in Richmond. On Monday
| last. jury was obtained from the venire. Tho
men were brought from Alexandria and Fred.
| ericksburg-six from each place. The general
interest manifested in the first trial was awak-
second trial. On Tuesday morning. the new
jury visited the scene Of the tragedy. in the to-
bacco factory. AT the first session Of the trial.
| the court room was crowded with spectators. +.
| H. MCGUIRE Curts's friend. who went with him
| to the tobacco factory. Mr.. Carlton Capt. Lyon.
and a colored man named Wilson Price testi-
fled for the prosecution in regard to the circum-
stances OF the horsewhipplng and the shooting.
that given in the first trial. In the afternoon.
Miss Cotrell was again called TO the witness
suggestion Of the attorney the veil was removed.
| She was dressed in black. as on the occasion OF
| first, she at length regained her composure and
| answered in "A clear voice the questions OF
the ATTORNEYS. Her testimony agreed with that
She had previously sworn that she was 25 years
old aud had conveyed the idea that she
was not engaged to Polndexter. in reply
to a question, by saying that he was
merely an intimate friend. In this trial
she corrected her testimony. saying that she
had lately discovered her mistake OF testi-
fying that she was 25. when she was 26 years
old and swearing that shehad been engaged to
ness stand about one hour, and was subjected
to sharp crOss-eInminatlOn 10y the Common
wealth's Attorney. On the next day OF the trial
she was recalled TO testify on some omitted
| points.
Other witnesses were examined In regard TO
the relative weight and size OF POindeXter and
Curtis. John Nage youth employed in the
shoe store where Curtis was clerk, testified that
when Miss Cottrell quilted the store on the day
1 Of the alleged insult, she manifested no dis
pleasure toward Curtis, but, on the contrary. she
appeared to be in pleasant humor. Mrs.
| BOwles, who wnited in the carriage. testified
TINT Miss COtrrll appeared very indignant over
Curtls's conduct after she came out OF the store.
In summing up for the prosecution the Com.
monwealths s Attorney, George d. Wise. said
that a cruel and degrading insult was heaped
upon Curtis when he was horsewhppe and
that no justification for such an assault could
be found in the evidence. He held that no man
should he permitted to make n plea of sef-de-
fence who had determined upon line OF ac-
tion that would provoke another 10 retaliation.
and had also determined to take his life in the
event OF attempted retail iation. Tho arguments
were concluded at o'clock Wednesday even
ing. The Jury were unable TO agree on a ver-
dict till yesterday morning They then return
ed n verdict rs above reported
Alter tho reading Of the verdict by the clerk
| Poindexter, who had maintained wonderful
L.. q .a.a l ...e L.. -