The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-08-23


it was not improper Tor the Common
wealth's attorney to have friends to assist,
he did maintain that the whole prosecution
must be guided and controlled by the Com
monwealth's attorney. He had no obiec-
ton to Messrs. Hinton and Taylor speak
ing, but that the Commemorative attorney
must close he believed to be law and JUS
tice.
DECISION OF THE JUDGE.
The Court said that the law is that the
Commonwealth attorney has the right to
open and conclude, not that he must open
and conclude. He oyerruled the motion,
and the defence excepted.
4 long discussion followed, in which
the defence claimed there were two sets OF
prosecutors here-one for the State and two
CMessrs. Hinton and Taylor for private
partics-and that the defence should hear
both sets before they were called upon to
reply to either. The prosecution finally
agreed to the views Of the defence, and it
was arranged that Mr.. Orgain should open
and Mr.. Taylor follow; that then the four
counsel for the defence should speak, and
that Mr.. Hinton should make a final argu-
mcnt for prosecution.
TIE OPENING SPEECH.
Commemorative Organ, at
1I:1j, commenced the argument, express
ing his own feelings, which were without
prejudice for or against the prisoner or
deceased, and touching upon the grave
responsibilities Of the jurors under their
oaths; and then he proceeded to explain
the degrees OF murder His argument,
based chiefly upon the evidence OF BoS-
well. went to show the deliberate
purpose Of Garland in saying to Addi-
! son in his note, 81 will attend to
you in due season, you internal, low-lifed
scoundrel"; in providing himself with
weapons inSurine and arming the giants
Boswell and Roach; in waiting from July
9Th to the 18th; in going to Addison's VI
cinity on two days. and in bringing Add
son out from the mill without notifying
him to bring arms or arm his friends. The
three pistols Of Garand's party Mr.. Orgain
exhibited to the jury rs dumb witnesses
that Garland went there for blood, not for
pcaccabIc settlement, and that he was first
TO raise a hand and first to reach for his
pistol.
Mr.. Orgain reviewed the evidence with
out quoting his son except on collateral
points. and quoted the law and authorities
and instructions Of the Court for The plIr-
pose of convincing the jury that Garland
was guilty OF murder in tie second degree.
Mr.. Orgain spoke for three and half
hours. and with ability and great cailnnesS
presented the case from his standpoint.
ARGUMENT or Mr.. TAYLOR.
Mr.. Archibald II. Taylor, late OF Alex
andria. Master Of Arts OF the University
and now practitioner in Baltimore, FOL
lowod for the commonwealth, saying, in
answer to the Characterization OF the de-
fence that Mr.. Hinton and he represented
nrivate malice. that they were doing no
such thing: that they were here to assist
the Commonwealth attorney, and they
asked for nothing but just ana
nroner INTERPRETATION and execution
lof the law. Could malice he III
puted when ii was remembered th''
Garland had been arrested, charged VIII
murder: that he had been examined before
three magistrates and sent on 10 answer
without bail, and that, too, Notwithstanding
If took place at Bo>wclPs, where every III
nuoncc WAS favorable to him; that mtc
that the prisoner was taken before lle III
emit Court on hajeds corpus on an applca
tion for bail. and was by that authority I'M
nevt HIGHEST TO the Court Of Appeals re
,n.ed bail: then. finally, he was indicted
Inv tbe Grand Jury and brought before I'M
court IA answer, and 50 he i here.
THE LADY IN THE CASE.
Mr.. Taylor SAID that at the moment Al
Olson wrote Garland that insulting en-
dorscmcnt he himself was suffering irou
- crievous wound. inflicted upon him' to'
= IN thc eyes OF a lady. Garland admits th'
u no had ,pokcn to her Of Addison, but ON
in . teasing way; but Mr.. Taylor a>'er'e
- that no deeper wound can he inflicted upo
= . man than r1dicule, especially ridicule ao
dro.sed to the woman he loves, ana l
= vho.e eyes he is anxious to appe.
we'll OF the lady Mr.. Taylor sa'o
Let her pass unnoticed here as she inu u,
nrav God she may be. But he begseu u
" ;nrv 70 imagine the impulse OF AddI'o
whom he received that letter from MI
- IIatchett, and to think how deeply he It
., himself wrcnged by Garland:
~ ~ Mr.. Taylor here read MISS iia'cne''
;? letter. and added: "God help the pers'
h ,rho wrote il. We will say nothing apo
!! = hore. except that it must nave cauS'
ie GREAT indignation in the breast oil Aou'S'
when he read II. ,,,,sou
Mr.. Taylor said that ADDISON ; e"uoi
~ -, wos condemnablc; 1t was We
y; - wrong; but Addison coh''oereu n,lns'
ne ''r;evo,,.lv wrongcd. Using young mar
he name to tease a young lady Is not the tillil
III .mo, ~ have the same opinion about II
IA Garland. who considered IL Il 'riii'i
We oNence. Thus Mr.. Taylor went Oh 70 sic
''' in what mind Addison was ilO" oa' n 70
ny and ;rdicnant he was when ne sal uo'
i've a ~ 'rr;te that endorsement. The hrst iet'
~ =. ,ddison received notified him u
ice Garland wanted no frlenu'! n,.io"". -.
ISIS 20 him. and the next that ADDISON u
the " ,arnol low.Hfed, lying scouhdre
'n0 would be attended to III uu' '','0'
.Sor IL HOT BLOOD
u'- After reviewing the corresp1 , IN that
w ~Us moving under the sense Of ah sting
the injury M,' 49,, uuder the impulse