The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-04-24
trell to identify him; but she could not
recolect that he was the youth she saw in
The YOUNG LADY coHTRAp1cTgp:

THE YOUNG LADY c0ETRADICTHD: ,~s
John Nasle, youth of about eighteen
employed in the store OF Wingo, Elicit &
| Crump, testified that he was in the Store
on rhe occasion CT Miss CottreTl's last visit
| that 1s, When she returned there from
Tyler's rthe shoes which had been plated
The long and short Of his testinony-ar d
be was questioned very closeIy-was that
while In the store at the time mentioned
and when she started TO go away. Miss Cot
trell showed no signs OF anger with Curtis
that, OH the contrary, she seemed pleased,
and that had she manifested any displeasure
with deceased witness could have seen or
heard it,. ~
HEALTH AND STRENGTH.
DR.. Mcclure had been the physician OF
the accused. Did not consider him robust
man. Reputation of prisoner was excel
lent.
Mrs. EHwlcS ns a Witness.
Mrs. Bowles (veiled and very much fright
ened) was put upon the stand by defence to
prove that Miss Cottrell, upon coming out
OF the Shoe-Store on the occasion of her last
visit there, did not, az young Nagle said,
look pleased, but that she complained TO
witness Of her treatment, and manifested
great indignation.
The Commemorative Attorney objected
to the conversation being given. ........
The Court sustained him, but allowed
Mrs. Bowles to say that Miss Cottrel made
complaint to her OF Curtis's treatment, and
was indignant. Her complaint was made
immediately upon entering the phaeton.
Miss Cottrcll stated what Mr.. Curtis had
was not allowed TO tell it. Miss Cottrcll was
very indignant.
HRS. B0lrieS TO the Commemorative At.
torney: No, sir; do not know what oc-
Cured in the store; / did not go in there.
FAIR WARNING.
The Judge sent the jury out OF the room
and warned everybody concerned that any
applause Of the speakers would he treated
as most fllgrant contempt Of court, and
would be punished accordingly.
This in view OF the fact that at the last
trial the crowd began to pat the floor with
their feet when the Commonwealth's Atior-
ney said that he had rather be Curtis dead
than PoindeXter living.
Speaking Commenced.
The Commonwcalrh's Attorney George
D. Wisc) congratulated the jury upon the
near approach OF the conclusion OF this
case, wh!ch had brought them from their
distant homes to Richmond. The lmpor-
tancc Of the issue was duly explained. He
was glad that the jury had been brought
here, for he believed the gentlemen could
decide the case without prejudice or passion
and by the law and evidence. The consc-
quences were not theirs. They were only 10
decide whether the act which deprivcda a cil:-
zen. in the very bloom OF his youth, or his
life, should be punished and the laws OF the
Commonwealth enforced.
TIE LAW OF THIS CASE.
The Commemorative Attorney took up
the Code md read and explained the law
as to murder. Wherever the intent to kill
existed in the mind-throwig out at this
point the question OF seIf.dcfence-bcfore
the murder was committed, it is either mur-
der OF the first or second class.
He relied in a great degree upon the case
OF Walden, as decided by the Supreme Court
of Appeals OF Virginia. He asserted with
great confidence that The prisoner could not
claim to have acted in self-deience, having
given Curtis the provocatlon. He cited
numerous cascs-read several-and, from
the standpoint OF the prosecution, made the
application OF the law to this case very
strong. lie claimed that John +. PoindcX-
ter, being "the active cause which led up
to this DEATH" was not entitled to plead
SELF defence. 8 - # -.'''a' -"- '.~-' -.
WHIPPING IN ARGUMENT.
The Commonwealth'S Attorney said that
the cfforG OF the defence was to exclude the
whipping. But his Honor had admitted
that evidence, and it was here before the
Jury. He had authorities to show that it
was not only correctly admitted, but that
PoindeXter could not rightly plead self
defence when subsequently Curtis assault
ed him.
This pont-which is regarded by every
body as Of the greatest importance-was
fully and ably argued by the Common
wcalth's Attorney. He discussed it rs the
vital question here, and put in on it his
arguments and authorities.
THE DEGRADING BLOWS.
lie made the most OF the point that Poin-
dexter had asked Miss Cotrell about Curtis'S
size: that he had suddenly and savageiy at
tackled Curtis, and given him the degrading
blows; and then, when Curtis went to seek
redress and told him he was unarmcd, to
he shot down in seli-deience Ii that Is
law OF Justice he was shocked ut man ) IN
to man. But it is not the law.
The authorities from ull the States concur
that It will not do TO say that party may
commence an atlray, and, when he Is ABOUT
to suffer the penalty from his antagonist,
take the lattcl's life in self-dcfence.
TIE PEEMEDITATIoS.
The Commonwaath's Attorney, review
ing the case, contended that PoindeNter
acted with premedltation. lie carried the
iurv back to that first Sunday in March,
when Curtis was kneeling at the altar OF his
God IMr. Young: that is not in PROOF
herel, and when Miss Cotrt!l and Poindex-
ter were "rding out for pleasure and plan
ming his DEATH" lie reviewed and sharply
criticized the determination OF prisoner TO
give Curtis no chance for apology. lie had
asked Mr. Tom PolndeXtcr, did 1t not
occur TO you tnat you ought to give Curtis
an opportunity for apology:" and lie said
"No." AS to the stripes, the Common
wealth's Attorney spoke of them as - bad
as fires from hell - and worse " than
plucking the heart from the bosom.' lie
thought the jury pretty well convinced by
this time that Curtis had never dreamed OF
Miss Cottrell.
BLOOD IN THE AIR.
The "lordly words" OF PoindeXter, "Fll
thrash him anyhow" and - D-d you, IN
teach you some manners" were repeatedly
sounded in the fury'S ears.
The Commonwealth Attorney Said: :" IN
every quarter the air is dark with MURDER
and you will have it so till doomsday /! men
with naughty words on their lips aD d cow
hides in their hands, refusing to allow clti-
zens to explain, can whip and lash, and
then are permitted to Kill tie wronged
man. Said he: ." call upon you, gentle
men of the jury, by the oc,ths you have
registered In the courts O. Heaven, never
to sanction it."
UORRID T,pF.u