The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-05-02
GIVEN TO THE JUDGE.
Question OF Mr. Doggett's Eligibility
as n Juror Submitted to the Court.

1SuestAnn Oh Mf. DOSSetS'a eligibility
as u Juror Submitted to the Court.
EXAMINATION OF E. D. COLE, OF FRED
ERICKsBURG-uS RECOLLECTION OF TH1
CONVERSATION BETWEEN MEssRs. DOG
GETT AND cHANcELLos-MR. DoGGETT,!
VIEWS OF THE LAW OF SELF-DEFEyCE-
ARGUMENT OF coUNsEL-DEcIs1oN MAY
BE GIVEN TODAY. = 3 + .-.
The Hastings Court resumed the con
sideration OF the motion for new trial ir
the Poindexter case yesterday. Present
the prisoner, counsel. Mr.. Boggett, &c.
Dir. +. D. Cole, OF Fredericksburg, was
| put upon the witness-stand TO testify as &c
an expression Of opinion ny MIR. Doggeti
previous to the latter being summoned as q
| Juror.
MIR. Cole said: reside in Fredericks-
| burg. l was present at q conversation be.
| tween Mr.. Doggett and Mr.. Chancellor
prior to the time when the jury was sum.
| moned from Fredericksburg. ] was one OF
those summoned, and it was several days
before that. To the best OF my belief it was
after the first trial. l stepped into Mr..
ChancelloTs. and just as I entered the door
l heard Mr.. Doggett remark that man was
not justified by law in taking
A FELLowMAS's LIFE
until he had retreated to the back part OF
the room, and il there was a door open lie
shon'd go out it, giving q gesture with both
bands.
replied, don't believe in any sucb law
rs that, Oslo. I believe that mans house
is his castle. and I, for one, will die in it.
SAID /, Your argument won't stand. Sup
pose a man tockles me on the street, he hay
ing stick and l pistol. / must run with
the pistol end he after me with the stick!
Questioned By Mr.. Young:
The parties were engaged in discussion
when you entered the room?
Answer: It seemed so.
Question: Did it seem TO be an animated
one?
Answer: Well, they seemed to be dis
cussinS the question. There was nothing
very excited, thought.
Question: DO you remember any Of the
discussion prior to the remark OF Mr.. Dog
gctt?
Answer: To the best of my recollection
I have stated all that heard in the short
time was in there.
Question Can you say whether that con-
verSation was about the PoindeXter mat.
ter?
Answer: No, sir, can't say.
Question by Mr.. J. S. Wise: Were they
talking when you came in?
Answer: Yes.
Question: Did you leave them talking?
Answer: Yes, sir.
Question: Did you in what YOU said
about the
PISTOL AND CANE
refer 10 the Poindcxter trial?
Answer: / can't answer that question.
GWitness had said that he had read some
little about the case and heard portion OF
Mr.. Lyons testimony.] Judge, is that
proper question?
The Judge: think so.
Witness: Or course the PoindeXtcr case
was in my mind when asked Mr.. Dogsctt
that question.
The Commonwealtl's Attorney: When
you referred the question to Mr.. Doggett it
was as to the law, wasn't it?
Answer: That's what meant. He said
should keep agoing. said | didn't want
no such law as that; Id run myself TO
death. ..--...~.
Mr.. Young: Have you talked with Mr..
Chancellor or Mr.. Doggett since this matter
was stirred?
Answer: have talked with both OF them.
THE EXAMINATION
being concluded, witness "a very tall man,
about forty years OF age) claimed his at
tendance, shook hand, with counsel, pri-
soner, and Judge, and left.
Before the examination of Mr.. Cole, de-
fence presented to the Judge letters from
Hon. J. l.. Marye, Judge Goodrich, and the
clerk OF the court OF Fredericksburg,
stating that Mr.. Chancellor. the accuser OF
Mr.. Doggett. is gentleman OF high cha
racter and good reputation.
The Commonwcalth's Attorney said that
Mr.. Doggctt had not thought it proper to
get any letters as to his character; nor was
it necessary, in his judgment. Mr. Dog
gett is amember OF the Church, a gentleman
of the highest integrity, and il desired
could get the endorsement OF every citizen
Of Fredericksburg.
Mr. Young proceeded to
ARGUE IN FAVOR OF A NEW TRIAL.
He claimed that the jurors who had not
paid their capitaton tax were disqualified,
and it was not now-before sentence-too
late to make the point. According to his
Judgment OF the evidence, Mr.. DoSSett,
luSI plluI I'D coming 10 hlCUlllOUu, Hau
expressed very decided opinion-an opin-
ion preiudical TO the interests OF the pris-
oner. A number OF authorities were quoted.
Mr.. Young spoke kindly OF both blr. Dog
gett and Mr.. Chancellor; but lie thought
Mr.. Doggetts extreme views OF the doc
trine of self-defence resulted in injustice to
the prisoner.
THE COMMoNWEALTH'S ATTORNEY
combatted the arguments of Mr.. Young,
and asserted that Mr. Doggett was a per-
fectly competent Juror; that his opinion to
Chancellor was on suppositious case, and
that Mr.. Cole confirms all that Mr.. Doggett
says. He contended that the law was clear
that objections to iurymen should be made
before they are sworn; also, that iurymen
have the right to pay their capitatlon tax
I'D to the very day Of election. 1t is only a
ondtion precedent, not a qualification.
Under the construction OF the defence, it
would only be necessary for those who wish
to evade jury service to decline to pay their
poll-taX.
Mr.. J. s. WISE
said that the question OF convenience had
nothing to do with the legal question. The
constitutional requirement, il 1t means any
thing at all, means that no man shall serve
as q Juror who has not paid bis poll-taN