The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1880-01-09

JuTOlS tftDTutUE ~ tuc "hN
laws Of Virginia In tbis-to wit. that neither
they nor either OF them were entitled to
vote or hold Office In their respective cor
porations at the time they were sworn upon
and acted as Jurors in the trial OF said cause
and grant him new trial.
| Ffth. Because Richard s. Windsor, one
OF the jurors summoned from the city OF
Alexandria, Is not and was not compe-
tent Juror according tn the Constitution
and laws OF the State OF Virginia In this
! to wit, that he is not now and was not en-
titled to vote or hold Office in his corpora
| ton at the time he was sworn and acted as
Juror In the trial Of this cause.
AGAINST THE PRISONER.
All Of these points were decided against
PoindeXter.
As to two Jurors who had not paid the
capitation tax for the previous year, the
opinion said "The objection [if good at
ALL was made too late, aud was then pro-
perly overruled. The accused accepted
these Jurors, had the benefit OF having them
on the Jury which tried him, and being dis
appointed by the verdict Of guilty which
was found against him, he then for the first
time objected that these two Jurors were in
competent as such because they had not
paid their capitation tax for the year 1878"
"Tbe proper time for objection to the
said jurors was before they we're sworn on
the Jury. No such objection was then
made" &C., &c.
The Windsor exception was similar to
that above, except it referred to 1877 in
stead OF 1878, counsel at one time having
somc doubt as TO whether "the previous
year, was 1877 or 1873, so they covered
both points.
TIE DOGGETT POINT.
The Supreme Court, upon consideration
OF all the testimony. thought Doggett
competent Juror. "The statement OF the
Juror upon his uOir dire. supported as it is
by his own testimony, cOunterbalances the
testimony on the other side and shows That
he was competent juror and trustworthy
as such"
| Finally, the opinion says the verdict Is
not contrary to the law and the evidence,
aud after reciinG the testimony and COM
menting upon it concludes:
"THE LAW
which governs this case seems TO be very
plain, and to af0ld no room for contro-
versy. We have not thus far found occa-
sion to refer to any legal authority on the
subject, and il is not probable that we VIII
in the course OF this opinion. such is the
protection which the law affords to human
life that it will not permit it to be taken Tor
the purpose of self-dtfence, unless the PER-
son taking il have well-grOunded appic-
heusion that he is in danger Of losing his
own life or suffering grlevous bodily harm,
and well-iounded belief that such danger
nav and can only be aver;ed by taking the
life OF the person from whose act the dan
ger is apprehended.
FIVE WOUNDS.
"Now. is this such case rs the one
stated? The life Of the deceased was taken
by the accused, and taken by the use OF
deadly weapon-by shooting him five times
with a pistol; shooting him until he fell
down dead by his side. The accused GER
tainly intended to kill the deceased. was
it necessary for him TO do so to save ms
own life or avoid grieyous bodily harn, OF
had he well-grOunded belief OF the exist
ence OF such necessity? what are the
facts OF the case!
"About two hours before the homicide
was committed, and on the same day-to-
wit. at % o'clock on the moining Of the
) I'D day of March, 1ST9-the accused, who
was total stranger to the deceased, called
: at the shoe-slore Of Wingo, Elicit u Crump,
at the corner OF Tenth and Main streets, In
! the city OF Richmond, IN which store the
deceased wa, employed, and gave him eight
= or ten lashes with horsewhip, because, as
, the prisoner alleged, the deceased had III
! suited lady who had shortly before been
: dealing with him at the store in which ne
: was employed.
THE ALLEGED INSULT TO MISS COTTRELL.
= "The deceased denied at the time that
+ he had given such insult, and declared il'
v willingness il he had done so, or was sup
!. posed TO have done so, to apologize TO The
lady. or 10 the accused in her behalf, for the
Iinsnlt. or supposed insult. The deceased
tber did no violence TO the accused in re-
: turn for the violence thus committed by the
Il latter upon him-did not resist such vlo
{ lence, bore it patiently, and dld not 40 one
II harsh act or speak one unkind word to ol
/ OF the prisoner or anybody else. Tue Dro
. ther OF the prisoner went with him 10 tnt
. said store, and was present Wneh lne SAT-
y violence was committed. lie went Dy th'
e prisoners request 10 nelp to deIend, II ne
u cessary, against any return which nigh
U possibly be made of the intended violence
L AFTER the prisoner and his brother LEI
the store of wingo, Elicit d Crump the de
&c ceased, who seems to have been greatly
!, a. shocked and astounded by the treatment h'
l, had lust received, was very much excited
u and no doubt mortified on the subject, wen
IA out OF the said store and into the street T.
INQUIRE who it was that had treated him s.
badly, and where he could be found.
ID THE wRoNG-DOER.
be "The deceased soon learned that tn
IN wrong d0er was the prisoner, who was en-
ch ployed at Childrey's factory, corner OF Mai
and Twenty-iourth streets, in the city G
Richmond, just fourteen squares from tn
III stsre of WIngo, Elicit Crump. The d.
-, ceased then went down at once to see IN
~ ~ prisoner on the subject OF the violence jus
y = committed by the latter, rs aforesaid, an
" carried with him his friend Mcclure, n
- doubt for the same purpose for which III
-, Drisoner had carried his brother with hll
oo 10 the store OF " lingo, Elicit Il Crump,
III Aforesaid.
~ "On their way they procured and ca
-, ried with them a stick OF ordinary size an
- character, no doubt TO be used in endeaVo
"a jno TO obtain redress and satisfaction onl
~ - lin The event Of the refusal OF the prlson'
~ ~ 10 make an apology for his violent ;rea
~ - ment OF the deceased, as aforesaid. Nelth'
:, - gbe deceased nor his friend Mcclure WI
- armed with q fire.arm, or dirk, or knlIe,
no any other weapon than the stick aIoresai'
or Syhen they arrived at the said factory, whl'
70 gas about 1880 O'Clock, just two houl
~ ~ after the commission OF the violence al II
no store aforesaid.
he POINDEXTER AND CURTIS AT THE FACTORY.
he HThey found the prisoner in an inn
rs room OF the factory at window III the pa
as tition between that and the other rooI
to The tiecease I'd approached there and said
be wanted an apology for the conduct OF G
prisoner towards him rs Aforesaid. ~
.