The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-03-28

ITOu1 tnG couFt'FoOHf ny " A<WfuAHWsbatAHS
mside-biinds. there wereseverai ladies. who
came to listen TO the argument. They
could hear every word. the window being
raised The prisoner did not seem quite MS
cheerful! as usual. His anxiety during the
trial has, OF course, been great, and yester-
day morning he showed, 10 some extent, the
| effect OF 1t. He sat next to Judge Minor;
looked at the speaker on the floor steadily
| hut mildly, and caught every word that was
| uttered. The jury we're IN good trim, ana
evidently anxious 10 make big days work
| and get through the case, and 60 back to
their respective pursuits.
Opening for the Prosecution.
Commonweath's Attorney George D.Wise
made the opening speech, and congratu-
lated the Jury upon the near termination
OF the trial, aud assured them that. With
out regard to his personal feelings, he
should discharge his duty to the Com
monwealth fully. And so he did. A refer
ence to the fatal shootineS which have re-
Gently taken place in Kentucky, Georgia,
and Texas. was very well brought in. he
reviewed the evidence vely effectively, and
rected authorities to show that the offence
was murder. OF Curtis's beautiful charac-
ter and Christian life, he spoke with
s. ELooUESCE AND TENDERNESS.
The Commonwealth Attorney referred
| to the conversation in the parior between
Miss Cottrell and PoindcXter (on the sum
day preceding the homicidc), and the deter
mination OF PoindeXter to whip Curtis
! there expressed, as the beginning OF this
trouble; the germ from which sprung poor
Curtis's tuking-of.
On the night Of Sunday-the sacramental
Sabbath, when young Curtis was knceling
~,If ffh 6rpan1lHr thai
his Young life would he SO soon closed in
death-tHese two men-John and Thomas
PoindeXter-werc planning his degradation
and death. They had ample time for re-
Election. They must have anticipated the
consequences. 1t was not in the heat OF
passion.
Do you remember, gentlemen OF the
jury,
THOSE NAUGHTY WORDS
the prisoner used rs they galiy trippcd
through Capitol Square" I'll thrash that
fellow, anyhow -? They would give the boy
no opportunity to apologize-he was to be
lsE sEthrashed, anyhow" .s ..s...-. ... - Il
4 You viii ren1eInbep. too, that Curtis said,
"If have insuted any lady I'll apologize"
The answer from PondcXter was. D-n
you, I'll teach you some manners" on.
no: you can't apologize; you have COM
UllIeQ an uDpalQouaDlc huculc'
This very man who would not give Curtis
chance for apology now is here asking for
mercy: mercy which he denied to that boy.
He made the most OF the point that Poln-
dexter utterly refused to give Curtis an op.
portunity to apologize, and would not even
so much as tell him the name Of the lady
thought to be aggrleved.
He compared Curtis's conduct upon 60
ing to the factory to this; there Curtis, be.
fore attacking PoindcXter-bcfo.e going
into PoindcXtcr'S room-gaye him ample
chance to apologize.
In leaving this branch Of the subject the
Commonw ealth's Attorney, with all the fer
!. yor OF which he is master, said: ''Gentlc-
men of the jury, care not what may be
YOUR verdict-wrte it as you may; I'd
rather be Curtis dead than PoiadeXter liv-
ing"
The crowd began to
PAT THE FLOOR
with their feet and a burst OF applause wa:
imminent, when the garel OF the Judge fcl
with such stern warning that instant silence
) was secured. ~
EXPRESSED diSapproval Of the part OF Mis-!
Cottrell and Mr. Thomas PoindcNter in TIT
affair: but he did not speak OF them cXcep
incidentally.
The Commonwealth's Attorney INSISTED
upon the proposition that II man WHO Drin g
on 2 conflict has no right to take life unde
any circumstances. He read several autho'
rites, including
HORsE-wHIPPISG CASES,
TO sustain his position. And il this case
shows the premeditation that the law re
oures for murder, the prisoner cannot SNOW
uroyocation at the time the existence o
malice depriYes him OF the right TO pleat
self defence 1t was his theory that Pom
dexter was prepared 10 kill Curtis had Cur
It's defended himself III the store.
He also cited authorities 10 show ina
CUrtis's cane, or stick, was not deadly
weapon. In sclf-dcfence there must he M
intent on the part of your antagonist &c
take your life or do you such bodily harm
as would amount to felony. That was not
the case here. In Massachusetts case
which he quoted. man named SelfrldSe
had published an exceedingly offensive card
about one named Austin.
The son of Austin (who was at college
went to Boston and attacked ScliridSe with
rattan, and Selfridge killed him. Here the
Chef-Justice rendering the opinion de-
clared that Selfridgc, having provoked the
attack, could not plead self-deience.
English authorities were also cited tc
maintain the general propositions-here Dul
briefly mentioncd-of the prosecution.
Mr.. Wise spoke nearly two hours, and
made 4 powerful speech. His presentation
of the facts was mastery.
| At one time time when the Common
weaIth's Attorney described Curtis's
wounds the prisoner placed his hands to his
ewes, as if to shut out the too vivid picture
| Argument for Defence.
| Mr. John S. Wise, for the defence, re-
plied TO the Common ealth's Attorney IL
was not his province to assail the memory
OF the dead, or to discuss bis Christian hfe,
but the deceased did not go 10 the prisoner
at the factory with Christian maxims upon
his lips, and il would be well for the Jury
TO discard all extrancous matter and looI
the facts in the face. He would not asperse
deeeased's memory; he died fighting gal-
lantiy, and if he could puta tongue IN every
one OF deceased's wounds there would be
no voice saying, "It was premed'tated II
was malice"
Mr.. Wise desired every man on the jury
to put himself in PoindeXter's place fof a
while.
He was not here to defend
THE cowEIDIEG OF CURTIS
by Poindexter, except to say that we are all
weak, we are all vain, we are alt at tsnss ;
oou.;.<1 axpoy nv sauojnn Rut he 1cnlGQ