The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-07-30


the time Addison said "none OF that,v and
he conceded that II might have been that
Garland was surprised ut that remark COM
ing from Addison. Loaned the knife to
Addison the day before, when Addison
went to Biacks-and-whites Witness asked
for the knife after Addison was brought to
the house wounded. Mr.. George Orgain
went into the house and got t.; he (wit-
ness supposed from Addison's pants. Ad.
olson was not tall but was very athletic;
witness had had boxing with deceased q
short time previous and didn't care to re-
| peat 1t. Addison was one Of the best-made
men he (Eanes) ever saw. When Addison
said "none OF that" Garland, he thought,
relaxed his grasp, but still kept bis hand on
the pistol in his pocket. Garland could
have fired first hadn't Addison said "none
OF that"
Mr.. Eanes TO prosecutor: No, / don't
know that Addison had the knife the day
OF the difficulty. The knife had been
ground when got It back. (Knife shown.l
1 use 1t as q iarm-knife. III Is q short,
folding dirk with four or five-inch blade;
opened, the knife and handle have cross
shape.]
Mr.. Eanes TO the Judge Garland first
raised his hand. Ii may have been ges-
ture. / think 1t was not to strike.
ONE CHAMBER EMPTY.
Mr.. Hendrickson. blacksmith at Weddcr-
burns, was next examined, and stated that
il was understood at the mill that morn
ing that there was to be difficulty. He
wanted TO go to see it, but Mr.. Jones said:
~ would rather you would not. They
might think we want to buldoZe them"
Jones came back IN half an hour and noti-
fed him that Addison was shot. He went
to "the battle-feld"; found the pistol in
Addison's coat-pocket on the ground. ex-
amined it, and saw only one chamber
empty. Saw the impress OF the hammer
on each cartridge. Pistol identitied.]
REPORTS OF PISTOLS.
Mr. John Stokes, who lives half mile
from the battle-ground. heard the pistol
shots; there were five; ii was a few minutes
Of 10 O'Clock; looked at the clock at the
time; went Immediately to the field no
body WAS there but Addison. He was
squatting down.
W. II. Burnett and Sterling Gallon were
| called for defence, but answered not
THE ARGUMENT.
Major Lee opened for the prisoner;
claiming bail because Garland acted in
seli-defence, or II that was not indisputably
proved-and he believed il was-hecause
confinement might imperil his life. Mr.. Or
gain, Commonwealth attorney OF Lunen-
burg, followed, disputing both PROPOSE
tiOns in a calm, close argument, in which
he ably reviewed the evidence. His asso-
! ciate, Mr.. Taylor, Of Baltimore, then
spoke, and was both bold and discreet. He
won golden opinions for tact and ability,
though the crowd was with Garland. Colo
mel Thomas F. GoOde followed in an argu-
ment full OF tenderness for Addison and
all the parties concerned, and taking the
ground that Garland could not have pur-
sued any other course than he did, and
claiming that bail was his due because he
acted absolutely liz self-deience.
Judge Dickinson reviewed the case at
length. He refused Garland bail. He
granted il to Boswell III 81 1000 and to
Roach in $500, which they gave.
Judge DIckinsOn's Reasons for Re
fusing GarIand's Application for
Bail.
The Court having disposed of the appli-
cations OF w. w. Boswell and John A.
Roach and admitted them to bail, proceed
ed TO consider the application Of r. Il.
Garland, and, reviewing the evidence
touching the charge against him, said lin
substance) it might well be conceded that
the accused was labOring under a deep
sense Of insult and injury, occasiOned by
the letter from Miss Ilatchett OF the 2jth
June, endorsed by Addison, and for which
he made himself personally responsible.
IL was natural that he should feel indigna-
ton and resentment for the insult and
offensive epithets heaped upon him. and il
he had met his assailant Immediately there
after, before cooling time had elapsed, and
had slain him under the impulse OF the
moment, much might have been said in
cXtenuation Of his conduct; but having
waited several weeks-a sufficient time for
the subsistence Of excited passions and for
reason to assume its sway-he is without
the excuse OF hot blood.
In Vaden's case. less than an hour had
elapsed between the insult and the shoot
ing; and yet the Court held that sudden
passion could not be pleaded II eXtenua-
tim Of his crime.
Allowing week for the passage Of the
letters, there was a lapse OF at least two
weeks-quite long enough for the passions
OF the moment TO pass away and reason TO
assume its sway.
Nor, said the Judge, can II be success
fully maintained that because Addison
fired the first shot, Garland is protected by
the plea OF self-defcnce, il he brought the
necessity upon himself
Ii appears that Garland sought the de-
ceased on two successive days, accOmpa-
MED by two friends, who, like himself,
Were armed. II he did not 20 fora hos
tile purpose he was fully prepared for il.
Neither OF the friends who accompanied
Addison were armed, or knew OF the pur-
pose OF the meeting; nor had there been
any previous arrangement for their pres
ence till Boswell told Addison he would
prefer that he should have some friends
with him.
When they met in the road, and were in
troduced for the first time, after very few
words, one or the other assumed an at
titude OF attack IL Is not absolutely GER
tain which did so first, and in respect
thereto there is some conflict. The wit
ness Eanes thinks that Garland raised his
hand a. il TO make q gesture. but cannot
say certainly whether he did not raise his
clenched fist as II TO strike. Another wit
ness (Orgain), who was within few feet OF
them, asserts with great confidence, and
with positive certainty, that Garland raised
his arm, with his fist clenched, as II TO
strike. and that Addison assumed an attl-
tude OF defence.
1t is certain, rs shown by all the wit
nesses, that Garland first put his hand upon
his pistol, which protruded yisibly from
his pocket, before Addison had made any
demonstration, except Of defence, to ward
off what seemed to be threatened blow
with the fist; and that when he saw Gar
land take hold Of his pistol as II to draw
it he said, "None Of that" stepped back,
and quickly fred the first shot, which ap-
pears to have taken effect in Garlands left |
arm, when Garland fired in quick success
sion till all the chambers Of his pistol were
emptied.
IL seems that Garland was the aggressor
~, r,oIr inor ,rhnf nrnvpl a hostile meeting.