The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-03-29

Did Won lrnvc the right chnngc?' rnplicd,
Yes In moment he callri ont. No. YOU
d,d not replied. mn sorry, and Will roc
Wv The mistake. pulled out ny purs'. when
he ',llrd out. Yes yuu did," and showed
the right ollnngr. IT, then sn H. could have
mnd" TINT dollar cls" couldn't p wndrn
reply. ] said rs itt.n ~ uoss bic 'o him; h!5
manner aud nnsuac" were ioih onrnslyr. We
walked ont tu The UlJ"tuu together In helping
me ,nio u lir slnrrH,d Ky arm ln N'ry nn1 uh
was In the phncton. | felt very much offended.
and So expressed II. ! mndr the COMPLAINT to
Af,cr th.s uccurrencn noN saw Mr. Poindcx-
ter on t." SUNDAY following. Tie sent % message
up t. know ID would like tndrive. Iir WAS 20
in to his farm. and would takn IN" to my hroth-
er's. On my way NJ | related tp him the cir.
cumetnn'e tnut OCCURRED at IN" etor" did
that rolat"d nltcr NY return. He expressed
his Indignation at Mr. Curtiss rudnnrss. My
returned home. live ncgr the new rGsrrvoir.
with my hrothcr-in- law MIR. Avis. Mr. Pom
dexter spcnt the afternoon and evening with
lated to Mr.. PondcNtcr all the circumstances.
! occupied ro,ltng-chair, Just in front
ot the fire. and h. wae sitting to my left.
He took book | had been reading in
which was n letter Of mine. ] remarked
to him that he coul! not rcad that letter He
said that hc would. and | toll him that he
should not. and attempted to grt th" lottcr from
him. He held IL up IN his left hand nnd arose
toget H. He took me- 10y the arm and put mo in
my chair. Then turned To him aud said TINT
remind mo of tnat young mans impudcnce
at the shoe store. | then told him that he
squeezed my arm in u very ungcnilomany
had been in a very good humor. but |
noticed that his, expression changed. He
asked me when | was last Mt the store. He
nsked mo for his description. and a-kcd II he
was larger than he was. saving, II he is
large may not hors"whip him" said. He
is taller nnd probably heavier than. YOU are" "
/ then asked for my letter again He refused
and said in loru.ur manner that he Intended
reading II. There was nothing moro said on
tho subject Nothing "lso over passed between
us in relation To- the affair.
This was nil tho testimony OF importance
bearing upon the case. The Commonwealth =
attorney. in mis- argument. called attention to
recent instances ~ striking down and violent
murders in Georgia. Kentucky and Texas. He
denounced IN" prisoners crime us cruel,
brutal murder upon man upon whose back
were the foul dshonorahlc stripes he had in
llicted, and which would burn hotter than the
hottest fire from the hottest furnace He said :
| would rather be Curtis deadth poindeNtcr
living II matters not what may bo the verdict
Counsel for defence made long and eloquent
arguments in tho prisoners behalf. asking Tor
n verdict Of acuuittal on the ground that Poin-
dexter killed Curtis in seli-deience. They
claimed the life OF tho accused was in peril
when he was attacked 10y deceased at Childrcy's
factory with walking stick.
Thelury went out last might. and this evening
At o'clock asked for instructions which the
accused Killed Curtis while Curtis was
advancing on him, aud striking him
through real or to them what seemed APP
parent. necessity in order to protect
himself from serious bodily injury or death
havin: first retreated w. far as he could-n this
case that the prisoner Is eNcusable for killing
Curtis. But they must be satisfied from the
whole evidence that PondeNter was without
fault in bringing that necessity on himself. II
the jury believe from the evidence that. at the
time Of the killing, there was an existing
grudge on the part Of the accused toward
Curtis. but hat the death Of the deceased
was caused In the sudden ARRAY. and because
Of fresh provocaton produced by the assault
II is with the commonwealth 70 show that the
killing was because OF the old grudge II, in
the whole evidence there is rational hy-
pothcsis consistent with the conclusion that the
homicide was excusabe or justified. the ac-
cused cannot be convicted"
The counsel for the defence objected 10 that
portion OF the instructions In reference to the
prisoner bringing the assault upon himself.
The instructions were given 10 the Jury and
after being out two hours and half they were
unable 10 agrec and locked up for the night.
A bill was introduced IN the State Senate to-
day providing that II any person deliberately.
with the Wow Of degrading another. assault
and strike him with n cowhide or horsewhip Ii
shall be felony. punishable. upon conviction.
with confinement In the penitentinry for not
less than one nor more than five years. It was
referred TO the Committee on Courts and JUST 'e.
with instructions 10 report without delay.