The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-04-24

grant that may never sec the day when 4
: Virginia Jury condemns the man who bas
perlled his life for the woman he loyes."
Dir. Royal spoke with fine voice and
gesture, and n5de his 3rgument clear and
disfinct. His EDguage was throughout
sne: and at tines really eloquent, He
spoke two hours. .--.. - -.
.,-s- Mr. JOAN s., Wise.
Tbls gentleman made bot brief introduc.
tory seDarks. He said he was not present
10 discuss what might have been; but the
proposition he came to assert and establish
was hat che conduct OF the prisoner at the bar
was nos chat which should cause BIN to be
sent to che Cenltentiary. He wished that
the Comnp1w ealth's Attorney would stick
to the issue Of murder in che Grst degree,
and dare to ask for averdGr OF glIiky or
not guilty on that. The entire chance OF
the prosecution 10 make this any effeHce at
all is to connect the two transactions.
Dir. Wise maintained that they shotEf6 be
distinctly considered; that the jury sl,o1ld
look at the shooting according to the cir
cumstances as developed ut the factory.
| The Walden case was s;fted thoroughly to
show that it was not at all analogous TO this.
so OF the StoncSffer case from California;.
Mr.. wISE's VIEWS or sELF-DEPEScE.
Recognizing the faet that this case turns
entirely upon the question OF self.deftncr-
and whether Poindexter had lost that sioht.
Mr.. Wise devoted mlrh Of his time p,iur
discussion, and he relied upon the authority
| OF Fosters Crown Law TO support him in
the view that where one party has in good
! faith withdrawn from the conflict and gone
about his business. it matters little who
| makes The subsequent assault. 1t is u new
and distinct affair.
MIR. PoINDEXTER-PERsONAI.
Mr.. Wise did not expect the iu,y to be-
ticyc that the defence was right in every
thing. He didn't rome here to paint the
prisoner in rose colors and call him prince
and champion OF everything good, but to ask
for fair consideration OF bis case. Mr.
Wise said good deal more, seeming to
show that he did not care TO mark out
line OF argument which would defend Mr..
Poindcxter from beginning to end.
He incidentally stated that the late Judge
Alexander i. Glliyon had cowhded man
in the very building in which Curtis died.
and went on to argue-as he did with de-
cided abilty-that PoindcXter did have the
right OF scf-tcfcnce, and that he exercised
ltin natural and reasonable manner.
yESUy1AN LAVA.
He proceeded to consider the whipping
and shooting separately. in the course OF
which he frequently referred to Mr.. George
ID. Wi-c'S power OF Inycctiyr. and once
compared it to the lava pourinS from Fe>u-
vius. welding together all the evidence to
fix attention OF the jury to the cnornily Of
the cowhiding offence.
In relation TO Curtis, NJ. Wise said
" Far he it from nc to speak OF HIM in terms
OF di>rcspcct, and il could breathe into
his no.trilS the breath OF life how gladly
would l do il; but this | say, the living
have their rights as we'll as the dead. You
may donbt whether the lady was insYltcd.
You may possibly think she was over
dainty; but you cannot fail to believe that
Poiadeyter was convinced she had great
grievances"
:" 1t is true lie might have conducted the
matter with more circumspcctiou. Oh,
yes; il there was no Slch thing "a anger
or passion; but there isn't Il man upon that
| Jury going in there satisfied that the offence
had been committed because she told him
so would have acted otherwise than he did"
TIE STICK; TIE STICK.
II Curtis had fought then and there it
would have been Il very different thing. IL
PoindeXtcr had killed Curtis then, there
would have been some sense In the claim
that it was murder.
Dealing with the affair at the factory, SIR.
| Wise took up the hickory stick (Which Cur
| ts had uscd), and standing before the jury
| and welding it, showed, indeed, that it was
very dangerous weapon. But POindcXter
would have been craven coward had he
apologizcd when he saw that stick. Having
refused it, was it unnatural that he should
anticipate deadly conflct2
Mr.. INQUIRE PLuCKY.
Nlr. Wise said that the gentlemen OF the
jurv might differ about the judgment OF
Mr. Mcclure; they may think him ~ in
| discreet counsellor, but YOU cannot doubt
his pluck. You cannot fail to have noticed
| his rame-cock eye. III he doesn't show
| liehr from salf to bill, never 81" Il "amc
COCK
Mr.. Wisc's theory was that Po:ndcXicr
| had drawn the pistol before Curtis said be
was uuarmcd. lie spoke in terms OF adm-
ration OF Curtis'S bravery at the factory.
From two such men aS Mctiu;rr and
Curtis CATER the whipping. which the Com
monwcath'S Attorney says could only DC
wiped out by blooD had not PoindcXtcr
tAc right to anticipate great bodily injury
Was he bound to believe that Curtis was
unarmcd? ? Suppose he had laid the pisto'
down. What then? Curtis might have
seized it. PondcXter shot more than once
because he got more than one blow. lie
gave shot for blow. II he had the right to
fire once, he had the right to fire as often ~
lie did.
AN APPEAL.
Mr.. Wise closed with strong appeal. TO
the Jury not to condemn the prisoner to, Il
iclon's cell. In this again he spoke kindly
OF Curtis. aud SAID that the recollection of
this homicide would ever come like black
vampire to disturb accused's sleep; and: that
though he had but taken Curtis's life, as he
thought to save his own. he would always
bear with hIm sense OF the awful respon-
sibljtv, and ended in wcil-dcservcd COM
plimcn: to the jury. He spoke about an
hour and forty minutes.