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


| tleman's speech.
The Commonweallh's Attorney said he
would now proceed to consider the facts OF
the case. He impressed upon the jury that
the Judge had admitted the evidence as to the
cowhiding. And on that subject he called
attention to the fact that for showing that
! Poindexter had apprehensions, defence re-
lied upon it. and after so using it they
wished to discard it from the case.
| In no view could the shooting be put be-
low manslaughter and iu some views it was
murder He asserted that no man ever laid
the cowhide upon another's shoulders as
Poindexter did upon Curtis without in
wiling bloodshed that having cowhided
Curtis, having made the provocation, Poin-
dexter could not plead 1t in justification Of
the killing when Curtis came to attack him.
This was discussed at considerable length.
He contcnded that Poindexter knew Curtis's
size; that he bud asked Miss Cottrell about
it; that be was afraid to attack him "if be
was bigger man y; that he knew that he
had easily whipped him at the store, and he
knew he had no necessity to XIII.
APPREHESsIoSs.
Leave out the whipping-and then you
leave out apprebensionS-and did he.haye
! SOOtt CIuSG to lulIh
He was superior in size; he was twenty
nine and Curtis twenty-five, and the result
shows-and that is the hest evidencc-that
he was able to catch a.! of Curtis's blows
upon his arm without receiving any injury.
Speaking Ct the ages OF the two men, the
COmmonwcaltl's Attorney said that defence
was constantly appealing to the sympathies
! OF the jury OIL account OF the youth OF
PoindeXter, and Yet he was uear about as
old as Stonewall Jackson when he COM
manded armies OF the Confedcracy at Chan
ccllorsVille.
MISS COTTIELL.
Mr.. Wise said that in speaking OF Miss
! Cottrcll with all respect " l used the word
woman. l think it better than that Yankee
word lady. Woman. 1t IS Il glorious
word. 1t is word that carrie; you back to
home and childhood, and makes you think
Of the lines:
Il would were hoy again.
II wish to speak in no terms of disrc>pcct
Of her Miss Cottre!ll. But have public
duty to perform"
There is another woman:
One had lover; the other brother. The
whole evidence shows Curtis intended no
insult to Miss CottrcII. The willingness OF
that man 10 speak words OF apology, even
after he had been whipped, shows bis feel
ings.
THE WORD FOOT.
I'll wager my life that mans mind never
had an impure thought when the word
foot" was mentioned.
LET me try them on" He didn't want
| her to come every day TO bother him. You
remember hat she had been buying and cx
changing shoes.
About the change: Curtis held the dollar
in his baud; but was looking for it. How
often do such things happen? lie went
clear hack from the street to the counter to
look for It. What offence was there In his
conduct? and yet that is raraded here.
Didn't she tell you that little did she dream
of what was to follow? and il she didn't,
how can they now magnify it into noun
tains OF insult?
no SPIRIT OF REVENGE.
The Commonwcaltt'S Attorney charged
the Jury rot to fail to do their duty III this
case; not 10 endorse the idea that any man
can cowhidc another for fancicd wrong
and then shoot him on the plea OF scll-de-
fence.
| In all that he had said he was animated
| bv no spirit of revenge or malice. lie
spoke earnestly. but not with passion.
| AFEw WORDS FOR TIE JURY.
Mr.. Wise said that it was strange, but
| true, that one Of the hardest OF lhlngs 10
! do is TO punish the taking Of life. The
plea is that YOU cannot bring the dead back,
and why not let the living go! But he
would say to the Jury that they should do
their duty. The consequences were NOT
with them. The Commonwealth does not
punish her children in anger, but to pre-
vent the repetition OF such occurrences as
this.
In concluding. the Commonwcalth's At
torney complimcntcd the Jury. He would
endorse the language of Mr.. John S. Wise,
and say that he had never seen more pa
ticnt and attentive jury. No matter what
their verdict might be, he would be per-
fectly satisfied.
GIVEN TO THE JURY.
The case was then given to the Jury.
Aftera retirement OF ten minutes they came
in and sad they had not agreed. 1t being
3:45 o'clock, the court adjourned till z. N.
Afternoon Session.
Tie court met a. j:15 o'clock, and the
iurv, in answer to the question OF the Clerk
Through Mr.. Janney), said they had not
agreed upon a verdict. Mr. Janncy asked
the Judge to instruct them IN regard to the
grades of punishment. The Judge told
Them 10 retire 10 their room and 10 write
out their question.
a little later the following was sent 10y
the hands of Deputy-Scr9cant Ho!zi"ger 10
the Judge:
The Jury request that your honor VIII
send them the requisite Information rs 70
the degree OF punishment attached 10 the
crime OF murder in the different degrees,
aud TO voluntary ana Involuntary man
slaughter. Ii. JANN2Y, FOREMAN.
10 Judge Christian.
The answer OF the Judge to the question
oi the jury was:
Genlicmen.-If you fad the prisoner
guilty Of murder in the first degree you VIII
say so, and no more.
II you find him guilty OF murder in the
second degree you will then ascertain the
term OF his confinement in the penltcntarE
at not less than five nor more than eighteen
years.
II YOU find him guilty Of voluntary man.
slaurhter YOU will then ascertain the term
OF his confinement in the renltentIary at not
less than one nor more than tive years.
II YOU find him guilty OF involuntary man.
slaughter you will say 20 and no more, ana
il will be the duty of tie Court to ascertain
the punishment as for misdemeanor.
Mr.. Young: And ii you find him "not
guilty." say so and no more.
At IL the! jury were brought into court
and not having agreed upon veralct were
adjourned over until II O'Clock this morn