Daily Republican., 1883-09-20
BEFORE THE BAR.
rwrs CONVICTED OF ASSAULT.
lists INDICTED FOR MURDER
~ the FI1sT DEGREE.

nv afternoon anu piocoo" ""n v"
.isl of the case of the State Va. jaime
aw,s colored, indicted for an assau
nd battery with intent to kill Amc
Brinton.
peter Springer was sworn, and test
al that he is a constable of this cOuI
y. ~ he had a warrant placed in hi
.nds for James Lewis, and he arres
\ him on it he did not know anythin
hout he man or the assault.
walter Bacon, ESD, counsel for thu
,soner, asked the Court to dismiss tn
pse as The State had failed TO prov
,at the offence was committed at an
recitied time, or that 1t was coinmitte
tLis county. His request was refn'
and the defence ordered to examin
heir witnesses,
Charles II. Gallagher sworn, and ter
Med thai Lewis bad worked for him
nd he had always found him an hon
n and industrious man. In answer b
ouestipn by Mr.. Bacon, he said tina
,had knowl him for the past ffteel
ears.
Daniel =. Hamilton, colored, les ifie'
Lat he had known him for eight years
nd knew that he had borne goot
baracter On crOss-examinatiOn h.
hi that it might be ten years when h
rst became acquainted with him.
Isaac Jcferies, colored, testified thf
had known him for seven years, ant
bring that time had lived in th'
buse with him. They both belonged
the same church, and he had always
und him an honest, upright man
e also said that it might have beer
instead Of seven years since h,
tst became acquainted with bin, arc
hs more inclined to think it was ter
kars, than seven or eight.
Edward Woodward had known hin
lce 1864, and lived close TO Mr.. Rob
son, here theprisoner lived for foul
five years. Knew that he always
)l borne IN excellent character tol
bntsty and sobriety.
IS. G. simmons, lumber dealer, te'ti
that Lewis had worked for him foi
past five years, and he had always
unl him honest and industrious.
John ". Iiarkins testified TO III.
Me effect, and Mr.. Bacon was about
cal another witness, when Mr.. Davis
ected, and called attention to the
le adopted by the last Court, that no,
pre- than six witnesses should be ex.
bined to testify to character. The
nrt decided the point well taken, and
remaining witnesses for character
Fre not called. When Mr.. Brinton
being rross-examined he said that
had applied to Squire Bcrtolette for
EaTaut for Lewis arrest, and con
|te prItchett had told him that he
Fld mol do anything, unless lie had a
Adrrl and fifty dollars.
Mr.. Bacon put Mr.. Pritchett on the
(nd 10 rrIt,je this statement, and af.
h. was sworn he testified that he
Present when Mr.. Brinton applied
I'll" variant, and that neither Squire
rjo.r'tr or himself said anything
Gtnn"y nosuch conversation took
|c". Ils %as the last witness cX-
ia"', ana Mr.. Davis made the open
dT,tln'nl Tor the State.
ir made but few remarks, and re-
ed 10 lhr facts of the case briefly,
|rn he va, followed by Walter Ba-
Esq for the defence. Mr.. Bacon
r'i attention to the fact that al
|ush nearly eight years had passed
e his crime was committed, Mr..
|l'on had not attempted to prosecute
PntlI now. He reviewed his testi-
BY, and said it was filled with glar-
Inconsistencies, and pronounced the
cement false, that he had been pre-
TED prosecuting 1t until ROW, by the
That the police demanded a large
Of money to arrest the per petrator,
canned that had been proved un-
by constable Pritchett's state
ana If one part Of the testimony
uI'rn", the probability was that it
all false. Mr.. Bacon continued
II on" hour, and made an excellent
abIc argument.
T. Davis made the final argument
,he STATE, and said that if no other
irNcc had been produced that of Mr..
mon Of Itself should be sufficient to
'lct the prisoner. He swore posi-.
y mat he was the man who had as
lM MN On that night, aud he did
NIleVe he was mistaken.
mel Justice Comegys charged the
ana sad that tney Lad heard the
''nV'ly, and II was for them to say
tN'f me prisoner was guilty or not
y llthey believed the evidence of
pIoSecutlhg witness they must rem
" verdict of guilty az in manner
,Grih indicted, but if they thought
TUE prisoner was the man who was
ne mill that night, and that he did
'Hlehd TO Kill Mr.. BrintOn, they
y. oe Justified in rendering a ver-
VI assault only. II they thought
WIS any mistake in the identity
t. mln, and that it had not been es-
's"e'1 beyond u doubt that he was
Wv 'h'y must render a verdict of
sI''F' He also charged ,hat in
MWe'I''s Wl character, they must only
'n"' part of the testimony which
w. 70 tlit Prisoners character at the
n"'" me ofiense was committed,
~ conclusion said they must be
thiu nu oy tle testimony, and not by
'D''s Which had been said by coun-
~ Jury retired a few minutes after
''VK To deliberate on the case. Att
,,ck v.'ock the Grand Jury came in,
"'.cr making their retur,i on several
were discharged until 10 o'clock
morning.
w. last and Lewis +. Li.t we're
is"' III tour' at 5.25 O'Clock TO be
rTu' n' n"l IL consequence Of onl!
,".I ", ,'e Judges beiug present, were
,'W III a few minutes TO the cells
basement.
n 'Ht prisoners were very pale but
,.I .I Ga'l'' and collected. They were
,u III dark clothes and a pearcd to
r"''ze the position in which they
p."csd While they were in the
." @,o while passing in and out,
'I"'rtly raised their eyes, although
- at must have been conscious that
ih.F ~" ~ was on them. William Tay-
n' i" - ,'''Ier of the murdered man,
m a, O'o'' and occupied a seat inside
H. li",l l''y had been removed, Il G.
Vow, WV, or, Esq, made application
F,i. |,ii.'ol habeas corpus in the case
r'Mo"u r1su Black, the facts of which,
Wv. "'n IN the petition, being rs
r4Sii ~i sometime ago Mr.. Black, who
in s,r". ''. OF OF Philadelphia, paid Ben