The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-03-28
I fthem throughout with great fairness and

2
/ them throughout with great fairness and
reconsideration. - -, IS. tlti
I's Mr. Young spoke rather regretfully than
eompfainihgIy OF the quickness with which
trials nowadays are brought on, before
the Feelings engendered have had time TO
die OUT And he was not therefore 80 very
much surprised ct the inclination OF the
crowd TO applaud the Commemorative At
terney when he said this morning that he
had rather be Curtis dead than Poindexter
lltyiBgg .ti = '
!, Id claiming that 7.
as'sa II II TIE PRISONER AT TIE BAR
wa, guilty OF murder in the lirst degree,
| with an due respect the Commonwealtfl's
tAttorney.had allowed his zeal to ouirun his
discretion. Is the prisoner to be put on,
the footing OF a man who murders by pol
| son p Nor, said he, are You trying him for
lthe horsewhipping: true you have the
| right, as your Honor has ruled, to look
upon all the circumstances as refiecting
upon; the charge here made. -
Il And If. the Jury should find accused not
guilty, il would free bim from everything
tHat took. place at the factory. but he would
still be liable to punishment for the horse-
whipping. Now, the inquiry is not whether
| the whipping was iusttiablc, but whether
the shooting at the factory was murder in
the first degree, murder in the second de-
tgree, voluntary manslaughter, Involuntary
| manslaughter, or self-defchce.
Mr.. Young thought the ....,..
l.saz.g, CONDUCT OF THE PRISONER ia -.-s.
might be successfully defended through
out. But the shooting. is what he is to be
tried for, andhe proceeded to quote the law
and to recite the facts OF this evidence to
show that it was case OF self-de'cnce
clearly. Mr.. Young confined himself closely
TO his line Of argument. He rarely If ever
travelled out of 1t.
One point which he made boldly was that
man had the right TO Kill Iii necessary self
defence But there is nothing to show that
PoludeXter intended TO kill Curtis; but the
contrary. Nor did POindeXler bring the
necessity for sclf-deicncc upon himself.
On this point
! TIE SPEAKER
quoted authorities to show how man could
ubridSe his right of self-defcnce, and argued
that this was not such Il case. II when
PoindeXter went 10 whip Curtis, Curtis had
violently uprose upon him and PonGeXter
had drawn weapon and killed Curtis, then
PoindeXter could not have plead seli-de-
fence. But PoindeXter was not the attack
| ing party in the immediate case which led
up to the shooting. Now as to self defence: !:
Mr.. Young argued this branch OF the case
with great ability. He claimed that Poin-
dexter had reasonable ground for anpre-
hending a dangerous attack when Curtis
and Mcclure came into his room. The Jury
must determine whether from the prison.
er's standpoint (not from what now ap-
pearsl there was
| REASONABLE GROUND
for anprehending serious bodily harm. Is
it possible that you can doubt there was:
Mr. Young answered the Commonweatll's
Attorneys arguments and authorities at
length, and touched upon many points not
here referred to. OF Curtis he said not an
unkind word. He asked the Jury 10 look
like men into the feelings of PoindeNter IN
assuming this lady's quarrel, and let the Ia"
in their hearts mitigate, II need be, the sharp
angles OF the written law. lie thought IN
the excitement CT that moment PolndeNfcf
might not have heard Curtis say - am un.
armed" Ii he heard it he was not bound
to give credence to it, especially rs McGulre
exclaimed, "Hit him, beat him Tor Kill
hjm). knock him in the hcad.' AS TO these
words Mr. Young thought Mr.. Lyons
memory better than Mr.. McGu1re's
| After imvressing upon the Jury their duty
Ito give The prisoner the benefit OF any
doubts, Mr. Young closed his two-and-a
4 hatf-hGurs' speech.
Closing Argument for Prosecution.
Commonwealth's-A Attorney George D.
Wise, after stating some OF the difficulties
with which he had to contend. and con
graduating the jury upon the fuilness OF
the discussion ard the benefit the pris.
oner had had from the ability and in
renuity OF his counsel, said il the
iury do not discard the cowhding in the
morning. then this case comes not only
within the spirit, but cmphatically within
the letter of the law. Unless you do what
the defence ask, you are bound by the law
to condemn HIM. You have not forgotten
that the gentlemen opposed the admission
of the evidence as to the whipping, bat that
the Judge admitted if. As the Judge said,
what leads up to an encounter must he con-
sidered as part OF the case. II the Judge
has made
| MISTAKE,
defence have 4 bill OF exceptions which
will save them.
Asto the proposition of defence, that the
prisoner should be acquitted OF the charge
of murder, and that be (Mr. Young could
get him of from the whipping with slight
fine. the Commonwealth's Attorney PIC
itured them puttin- their bands in their
pockets and Offering. say. ten dollars, as
an atoncmcnt for tie death Of this young
man. Could money restore life? Could II
relieve the hearts that bleed? lie thought
the idea ridiculous, and was surprised that
it had been advanced.
The Commonwealth's Attorney
WENT TO HIS BOOKS
TO show what is provocation, prcmcdlta-
tIon, and sef-defence, and he construed the
law and prccedcnts very differently from
counsel for defence. Ii the jury don't Scpa-
rate the cowhiding from the shooting, INC
law (as laid down particularly IN the flr'
gnia case OF Vaden) is dead against the
prisoner, he asserted.
In his Judgment it had most prominent
place in the train OF circumstances whcl
led to the taking OF this life. PoindeXtel
would have to be without fault, he contend
cd, TO make apply the principles laid down
quoled during the day.
The defence claimed that
THIS THING WAS SETTLED
when PoindeXter LETT the store. Yes, i'm.
probable as it may appear, Mr.. Thomas
PoindeXtcr has been before you 10 swear
that this thing was settled. Ii so, the pri.
soncr had no right to apprehend danger
when Curtis came to the factory. III
he had had any apprehension OF Curtis
killing him he would have shot him as he
onproached him at the window. lie had