The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-08-22
or conversations o

saw and heard on that OCCASION"
Mr.. Finch: "Will you state whether
this interview was sought by you or by
me? 2"
Mr.. Jones at was sought by myself"
Mr.. Greene: 81 now move that the jury
be brought into court and that Mr.. Jones
give in his statement to the court and jury"
TIE MOTION OvERRULED.
The Court "Tbat motion is overrulcd.
| wish the Jury to know nothing OF all
this, and it must not be alluded to before
| them"
Mr.. Greene and Major Lee argued that
IL Mr.. Jones had been so continuously up
set in mind and body out Of doors he could
not have failed to be upset in court, and
that is fact the jury should know and
should weigh, and should consider in esti-
mating the value Of his testimony.
The Court 81 have never in all my life
heard clearer testimony given. All that
he says goes to show that his mind Is per-
fcctly clear"
Major Lee: "But the jury should be the
Judge OF that"
The Court: "They saw and heard MIR.
Jones when he was under examination,
and they will know very well how to esti-
mate the value OF his testimony"
UNCOMnUSICATED THREATS.
The Court having expressed firm deter
minatiOn not to allow Mr.. Jones to be re-
examined by the jury, Major Lee excepted
and then moved the Court to recall witness
Balm, with the view to showing the I'M
communicated threats made by Addison.
Argued and motion oyerruled. Exception
taken.
BASTARD DUEL.
The prosecution and defence having
each submitted TO the Court such instrIc-
tons as they wished the Court to give the
Jury, Judge Hinton opened the argument
thereon, the jury still being kept out OF
the courtroom. Judge Hinton spoke OF
this killing as "murder in a duel"
Mr.. Mckinney asked il he had ever
known any man in Virginia to be convicted
Of murder who killed his antagonist in a
dueY
Mr.. Hinton replied mo-; that the rca-
son was that heretofore seconds had always
refused to testify, but here they seem TO
take delight in telling their part in this
bloody tragedy. Judge Hinton said II ,rdS
duel, but because Garland had stopped
firing when he did he would not ask that
he be hung. Laughter from counsel for
the defence, and a remark from Judge Hin
ton that counsel had better keep that for
the jury, As it would have no effect upon
the Court.1 No, he would not ask that
he be hung, but he would insist that he
should be convicted Of murder in the Sc
cond degree, and to that end he quoted
numerous authorities. 81 will attend TO
you in due season, you low-lfed, lying
scomdrcl." being the words that Garland
used i'm his second note to Addison, were
frequently referred to by judge Hinton a.
showing Garland's deliberately murderous
purpose. and he went over the evidence
carefully and critically, bringing ont every
point showing prcmeditation.
POWER OF TUE COURT AND JURY.
Mr.. Finch, replying for defence, eX-
pressed his surprise that gentleman who
had been recently elevated to the Court OF
Appeals should be guilty OF proposing
such absurd, monstrous, and ridiculous
nropo,itions as some oflcrc by Judge Him
ton. He said that Judge clinton askcdthat
,bo Cont should decide the only question
/, tho whole casc-yiz.. whether or no
Garland killed Addison in scf-dcfcnce,
and TO declare him guilty Of murder in the
second degree.
This discussion was brought about by Mr..
Finch proposing an instruction to which
Ind .c Hinton objected and by which
Mr.. Finch took from the prisoner the bcne'
fl II reasonable doubt i'm the minds OF tho
iury. Mr.. Finch vigorously URGED that
fine powers Of the jury should not be
invalid or usurpcd by the Court. Nr
Finch in the course of his argument stated
that money and malice had been combined
to pcrsccuie and prosecute this man aho
take his life. and not by Virginia but by
FOREIGN law rcicrring 10 an Iowa cast
nuotcd by judge IIinton). MIR. Finch dc
rl,rod that when he discovered the animu'
al the prosecution he went TO Garland
f,tber and told him that such poor TALENT
rs he was possessed Of were at the service
If the defence. Further on he diSclaime(
an, intentional offence towards any one II
this ease.
VINO SHALL. REMOVE THE BLOODY STAINS
Mr.. Archibald II. Taylor, OF Baltimore
who with Judge Drury y. Hinton ant
Commonwealth's-A Organ, const
tutc the counsel for the Commonwealth
foIIovcd Mr.. Finch, ably arguing that III
instructions the Commonwealth oilers ar
NOT proper, legal, and fair apphcallo
{ OF the law Of Virginia TO the facts Ill I'LL
cose and that the Virginia Iaw presume
o,,orv homicide murder in the second az
oroo and that the Commonwealth mus
>. ,,i.c If 70 murder in the first degree, an
! the prisoner must reduce it to the lowe
do,,ree or no degree at all; that the STAN
/. murder is upon Garland, and he must r
move it. Referring to the charge that Il
prosecution is moved by malice, Mr. la
ior declared that all the law is again
y thom and he expressed hi, ilrm conVictl'
!. ,hot the Court will properly instruct Il
;mrv and that the jury will be guide
e thereby. ..,.r,r
- ytructed upon garblca extracts OF eyidenc
y ~ , "ns No doubt to a quotation fro
Garland's denunciatory letter 10 Auu,',