The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1883-03-17


who had positions in the crowd being un-
informed a. to the strength OF the building
concluded that they would be safer outside.
The vacancies they made were, however,
quickly supplied. Nine ont OF ten OF the
spectators were negroes. AS for the pri-
soner, he seemed Just rs composed, II not
Indifferent. as criminals OF his class USUALLY
are. Everybody stared at him, but without
seeming 20 make him feel abashed. He Is
evidently dull and stupid fellow; but he
has had sense enough to hold his tongue
throughout. and therein he shows supe-
riority over most accused negroes.
BARBARA on TIE BOOTS.
Barbara Miller, the uniaithful wife OF
the murdered man. upon whose evidence
the prosecution chiefly relied, was recalled
to the witness-stand, and in answer to
questions said: | have never seen my hus-
bands boots since the murder. They were
coarse ones. "A pair Of boots were handed
her to dentify.l These are not DaniePs
boots. The pair that he wore were new.
Charles wore my husbands hat that morn
ing, and would know II ii | saw it.
\ hat was landed her, which she idcnti-
fled as the one belonging 10 her husband
which was worn by Charles that morning
When Charles came back to the house
Goals Of fire. and the sweat was on his
forehead in drops as large as peas.
THE MrRDERER's HAT.
Frank Scott testified that he identified
the hat IS the one worn by Charles Lee;
found the hat this morning about four hun
drcd yards from where the pool OF blood
was on the road. On the night that Miller
was killed he was kept awake by the dogs
OH his place; got up three different times
and harked them on. They went in the
direction OF the railroad, where the body
was subsequently found. The first time
that he went out il was 10 O'Clock, and he
remained up long time before going to
sleep. The hat WAS found this yesterday
morning. The body was found between
Hungary and the crossing.
Constable Simon SOlOman testified that
when he arrested Lee he was at work OH
the railroad leading to the coal-pits.
THE BODY oN THE TRACK.
Mr.. Thad. Bowen testified that he was
the engineer on the fast mail. Saw no OBJ
struction on the road. When his train
reached Milford saw what he took to be
hog brains and piece OF calico on the
truck. Ii any one had been standing or
sitting on the road he would have seen
him. The body must have been placed
parallel with the rails. On the left " fhe
| truck was found blood, &c., and under the
| truck was found piece OF clothing. The
body must have been thrown up against
the ash-pan. Ii il had been lying across
ways OF the track the pilot would have Ike
! Ia thrown IL aside.
THE HAT N THE WOODS.
Mrs. Ford testified that she heard that
the hat of Lee was missing, and a few DAYS
ago. while she was on the new road. she
saw a hat, and told Frank Scott about It,.
The hat was shown To her, and she identi-
| fed il as being the one that she saw last
week in the burnt woods on the new road.
DANIELS BOOTS, AGAIN.
Jane Winston. sister Of Barbara, idcnti-
fed the boots that were shown her as be-
longing to Daniel. She said they had been
given him by his brother.
Mary Miller, daughter OF Daniel, testified
| that the boots belonged TO her father. and
| that he had them on the night that he was
killed. and that the night before. before he
| went TO sleeep. he took of the boots and
set them in the corner.
TIE BOOTS UNIIARMED.
The significance OF the inquiry about the
boots was this While Daniels body was
disintegrated 10y the two trains that passed
over il, the boots were found in the ditch
together quite unframed. and innocent Of
any appearance OF blood. Barbara said
that thcv were not Daniels boots. Other
witnesses for the Commonwealth said they
! were. The latter view was fully proved.
The conclusion OF many intelligent spectl-
TORS on thi, point was that Daniel was killed
| at the house, and that his body and his
boots were taken TO the railroad track by
Charles Lee, and he may have been assisted
by Barbara, the unfaithful wife.
DEFENCE.
Major W. +. G. Gregory, after eXamln-
! inc number OF witnesses and, by consent,
reading some letters to prove that this ac-
cused had always borne Il good character,
announced that he was through.
Mr.. Beveridge made the opening argu-
ment for the Commonwealth, contentlng
| himself. for the most part, with state
menr Of the prominent facts which went
TO show that a wilful and premeditlted
murder had been committed, and that
Charles Henry Lee was the criminal
THEORY OF DEFENCE.
Major Gregory, for defence, argued that
the body had never been proved to be Mil
ler's: that ii was so torn TO pieces by the
cars that it could not be recognized, and
that the Commonwealth had failed to iden-
tifv the few shreds OF clothing remaining
that as Barbara had lied in one particular,
her whole evidence should be discredlted.
He held that il was more likely (admitting
that the body was Miler's that Miller, on his
way TO work, bad set down upon the track
and pulled off his boots to ease his feet,
and fallen asleep and been run over.
His theory was that it was either suicide
or an accident; but admitting that 1t was
homicide. il could no: be premeditated
murder, since the two men, according 10
Barbara, left the house on friendly terms.
Major Gregory spoke for an hour with
great earnestness, and presented the e'l'
dence in the way calculated to do his client
most good. He made good impression.
Mr.. THOMAS.
Major Gregory was followed 10y the
commonwealth attorney, Mr.. Thomas,
who claimed that promeditated murder
had been proved, and proved, too, with.
ont Barbara's testimony. He expressed
the opinion that Barbara was about a>
AT G O'Clock the case was given to the
inry. and the court adjourned till to-day al
| 10 A. NJ, and Sheriff Jones and Deputy
sheriff Gum were sworn to safely Keel
the Jury. Judge Newman cautioned th'
sheriff not to allow the Jurors to read any
newspapers, and so, for the time beng
those twelve patriots will be entirely unin
termed on the current topics OF the day.
DIR. HoGE AND THE BIBLE SoCTETY.-A
the monthly meeting OF the Board OF Man
. | - - ,ha VIRGINIA Rihie Society. hcl(