Bristol news. [volume] (Bristol, Va. & Tenn.) 1867-189?, 1879-05-06
life shall 90 unwhipt OF justice. Your
verdict will have an influence beyond
this day and beyond this place.

murder. This murder was not embrac
ed in the class referred to in the Code
but there is q general class in which
speaks Of wilful and premeditated mur
der. Wherever the evidence shows tina
the party killing intended to kill befor
the act is committed, it is murder eithe
of the first or second class.
The distinguishing feature between
murder and manslaughter is whethe
the intent existed to commit murder
whether there was provocation given o.
not If this prisoner before he fired hat
the intent to take life. he is guilty O
murder. The law can reduce murder tC
manslaughter when man is so excited
as to lose control of himself or is swayeC
by gust of passion.
If put upon man an indignity
such as no man can tamcly bear, and he
take my life, the law will, in its consid-
Grafton for human frailty, reduce the
crime from murder to manslaughter.
We start out In this case with the pre-
sumption that this is case of murder
in the second degree.
Capt. Wise proceeded to read from va
rlous authorities on murder and hcmi-
eide.
The law read, said the speaker, is that
of our own State, and care not how
many authorities they may bring from
other States.
The accused did not only fire once but
six times, and four Of those balls enter
ed the body of his victim. say the
blood of his victim, for no matter what
may be your verdict, his hands are red
with the blood of this man.
II was not enough to shoot once at the
man he had dishonorcd, but TO put four
deadly missiles in his qulvering body.
The proposition of law that ] now lay
down is, that where man has so acted
toward another as to bring on conflict
with that party, he cannot plead self
defence. If my conduct has been such
as to call for retaliation Oh your part. ]
cannot take your life.
Capt. Wise referred ut length to the
Vaden and other leading cases and quot
ed very largely from various authorities
on murder and Homicide. An effort
was made, said Capt. Wise, TO throw
blanket over the causes which led to this
occurrence.
But his Honor has allowed TO he heard
here what occurred at the shoe store of
Wingo, Elicit Is Crnmp.
Here the ease of Stanscfer from the
California reports was referred to as
analogous to the one in controversy
The fight occurred Mt the place of busi-
ness Of neither Of the parties.
When Stonsefer killed Richardson he
was retreallng, and the latter was strik-
ing him over the head with stavc.-
The Supreme Court Of that State de-
clarcd that Sianscfcr could put in no
plea of scli-,leienco because he had
started the ail'ray In the morning.
If have difficulty with you and !
have not The manhood to meet you In
manly conflict, and seek and by assault
| spit in.your face or lay upon your back
n cowhidc, know the manly courage IN
your heart will not sit stlll under the af-
front, and when you come to seek redress,
with deadly weapon all prepared, !
take your life, I say you | am unnrm-
ed and bear my breast, and You kill me
after having hishonorcd me, Is this jus
tice? Is this mans humanity to man9
Mr. Wise here referred to 3d lredcll,
Alabama reports; read from the English
common law reports on malice; dth aud
9th lredell, North Carolina reports; 22d
Georgia; Wharton on Homicide.
Proceeding, Mr.. Wise said; Gentle
men Of the jury, up to this time we have
the law on the subject, now let us look
at the facts.
Was there premcdltation on the part
of the accuscdP Did he act Ms one sur
priscd2 Let us go back to the 3d of
March, when the man who fell by his
hand was knccllng at the altar Of God,
little dreaming that John u. Pondexter
and the lady who has testified here to-
day were planning his death and degra-
dalton.
II was cool, calculating, deliberate
Suppose any citizen Of your town were
to attack you, determine on your degra-
dation and nbasemcnt. Take away my
life. but do not put upon my back these
black stripes that burn hotter than the
hottest fires Of hell.
Upon this plan these two mcdlloted.-
They did not debate whether they would
give him n chance TO apologize, They
did not say perhaps the young lady was
silly and had fancied neult. For do
not believe that you, gentlemen Of the
Jury, believe that he intended to insult
the lady. After receiving the burning
stripes he offered TO apologlzed TO any
ono of womankind " II was made
known TO him whom he had lnsultcd.--
lie ls here pleading for mercy, that mer-
cy which he to others denied. On what
meat has our Caesar fed that he hath
grown 80 great and should sayi On
him. will thrush him anyhow" One
has his possessions on the James and the
other Il poor ahoc clerk, who earns his
bread by the sweat Of the brow. lie
shall not apologize, and | VIII whip him
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