Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1879-04-29

THE TRIAL OF JOHN E. POINDEXTER
FOR KILLING CHAS. G. CURTIS.

THE TRIAL OF JOHN E. POINDEXTER
FOR KILLING CHAS. G. CURTIS.
The second trial of John E. Poindex-
ter before the Hastings Court of Rich
mond for shooting and killing Chas. G.
Curtis, on the 3rd of March, under the
circumstances heretofore published, was
commenced on Thursday week, but
jury was not obtained till Monday of
last week, and was selected from those
who were summoned in Alexandria and
Fredericksburg,-there being six on the
jury from each of those places. On
Monday afternoon and evening the ties
timony of the first witness-A. M. Ly-
on-was taken. At o'clock P. NJ,
the court adjourned till next morning.
At II o'clock Tuesday morning the
trial was resumed, and the first witness
examined was Frank H. Mcclure who
accompanied Curtis as his friend W. hen
he went to demand an apology from
Poindexter for striking him with a
whip, and when the fatal shooting took
place. He did not hear Poindexter warn
Curtis that if he struck him he would
shoot him. He heard Curtis tell Poin-
dexter that he was not armed, and told
Curtis to strike him, Poindexter having
refused to apologize for striking him
that morning with whip, for the al
legged offence of having been imperti-
neht to Miss Cottrell in the shoe store,
on which occasion Curtis said he was
not aware of having insulted any lady
but would beg her pardon.
The following witnesses were then
successfully examined:
j. Wilson, Policeman J. J. Colgin,
Coroner Taylor, V. S. Carleton.
The counsel for the defence prepared
bill of exceptions, excepting, IN toto,
to the testimony of what occurred in the
morning when Peindexter assaulted
Curtis with horse-whip.
Wilson Price, (colored,) was then ex-
amimed, and that closed the testimony
of the prosecution at that stage of the
trial.
The defence then introduced their
testimony, and the following witnesses
testified:
Basil Gordon; Thos. Poindexter, broth
er of the prisoner; Miss Isabel Cottreil,
who is 26 years old, and has been en-
gagged for two years to the prisoner, and
who is the person alleged to have been
| insulted in the shoe store by Curtis
Horace Gill, and George 81. Poindex-
| ter.
At s P. NJ, the court adjourned till IL
O'Clock Wednesday morning, at which
time the testimony for the defence was
resumed, DR. J. S. D. Cullen being the
| first witness examined.
| The following witnesses testified to the
uniform good reputation and amiability
of the accused, some giving him char
acter of wcmanly tenderness: Chas. f.
Taylor, Thos. II. Norwood, Rev. J. G.
Armstrong, John Fl. Tyler, ST., viii
liam II. Powers, Thomas NJ. Alfriend,
e. M. Alfriend, Jas. A. Richardson
Rev. e. w. Warren, DR.. Ell. Mcclure
and III. T. LeFevre.
Richardson and Charles G.. Shaver
testified to the size of Curtis, who was 5
feet inches high and weighed from l25
to 100 pounds.
| Miss Cottrell was again examined by
Commonwealth Attorney.
John Maggie, q youth employed in the
shoe-store, testified that Miss Cottrell
seemed to be pleased and not offended
with Curtis.
Mrs. Thos. Bowies testified that III ISIS
Cottrell complained to her of the treat
ment of Curtis in the store.
This closed the testimony, and then
followed the argument of counsel, the
first being that of Common wealth's At.
torney-Capt. Geo. D. Wise-who main
tanned that Poin dexter was guilty OF
murder in the second degree-that hav-
ing provoked the attack upon himself,
by having first assaulted Curtis, he
could not plead self-defence, and quoted
authorities in support of that position,
and then related the facts in this case to
show that the law quoted applied to it,
and maintained that the prisoner had
no claim to mercy, as he showed none to
Curtis-that his purpose to disgrace him
by horse whipping was deliberate d. e.
| meditation.
The first argument in favor of the pr.
soner was that of Mr.. VIM. l.. Royal
tempted improper liberties with Miss
| CottreIl. and that PoindeXter, her aft
ancei, was justified in furnishing him
as he did-that he would have been q
craven coward not to have done so, and
that Poindexter WAS not debarred the
plea of self defence, as argued by the
Common wealth Attorney, and that he
was justified in supposing Curtis was
armed, not wit!istaading his declara-
ton to the contrary.
The next speech in defence of the pri
soaer was that of Mr.. John S. Wise,
who maintained that the horse whipp-
ing aud the scene at the shooting should
not be considered tog esaer, but separate
| y,and that Poindxter was entitled to the
plea of self-defence, and that he would
have been coward if lie had apologized
to Curtis when he approached him with
stick in his hand. In his speech, he re-
marked incidentally that the late jud ge
GuigOn had cowhided a mau in the very
building in which Curtis died.
At the close of Mr.. Wlse's speech, at 8
o'clock P. NJ, the court adjourned till
II o'clock the next morning.
When the court met at IL O'Clock
Thursday, the closing speech for the
prisoner was made by Col. Young.
He stated that it was better to allow
many guilty to escape than that one in
nocent man should be punished He
explained the different grades of murder,
and maintained that this was not case
of murder in any degree-not even vol
untary manslaughter-tha the prisoner