Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-12-02

rum tiiituF Oh lufltH fu rhSu ea-'o'
two persons made oath In his presence
(meaning the presence OF the iudge) ,na'
Hoke Qhe Juror had said that u he were
on the Jury no ,oo,Itd NOT 90 for capital
punishment; In other words, he would not
be an instrument of infiicting the penalty
Of death. and he m0ies no denial ot he
charge hGt these uert his opinions. In tnat
case The objection TO the Juror was thr ne
was opposed 10 capital punishment, ana he
does not say before the Judge either that
his views had undergone a change or ihs'
he never meant what he had previously
said What similarity, may then be per-
mitted 10 ask, can there be between that
case and thisi Whit similarity can tnere
be between Juror who ia opposed to capi.
tal punishment, no matter how cogent ana
full the proof may be, aud one who simply
says he will do, In a case OF cur
cums,antial evidence. what the law
requires him TO do in such case
namely, scan the evidence closely
and only find verdict Of guilty II the chain
OF evidence Is unbroken and the proof full
and convincingy
In State Us. Ward. 80 Vermont r., 23l,
the juror, upon being interrogated In re-
sptct 10 his views OF capital punishment,
declared he had conscientious scruples
against rendering q verdict OF guilty In
case " here the punishment was death, and
that he believed the law inflcting the pun
isbment OF death was wrong. lie was
thereupon discharged, because the court
did not regard him as an impartial Juror.
But what possible analogy can there he be-
tween the case Of that juror and lpror
WHO docs not object to the death-penalfy,
but only requires what the law eXacts-an
unbroken cbain Of circumstances directly
connecting the accused with the ultimate
fact TO be proyed-to wit, the violent death
Of the person supposed 10 have been mur.
dered-beiore he will render a verdict OF
guilty.
In Waller rs. State. 40 AlG, 32j, the Juror
was set aside for having fixed opinion
against capital punishment. The court
however, saying that to act or TO
decline TO act in such case
as his is not error (meanng in the
lower COURT. Thus in effect saving that
it would not have beel error, under the
statute Of that State. for the lower court to
have allowed The challenged juror 10 re-
main upon the Jury, unless challenged by
the states attorney for cause.
Having thus stated what, in my judg-
mcnt, these cases really decide, IL seems
almost work OF supererogaiion 10 add,
that am unable 10 perceive that they even
tend to sustain the action OF the trlal-cOurt
In this case. Neither one OF them asserts
the doctrine that person would be lncom-
pctent TO sit rs n juror merely because he
would require convincing evidence before
he would convict In n criminal case de-
pending upon circumstantIal evidence,
and neither Of them establishes the power
Of court IN this State TO discharge
Juror afkr he has been examined upon his
v0ir dire, has answered satisfactorily and
been accepted, merely because he says that
he is over sixty years OF age, and claimed
his exemption from service on the jury on
that ground, # il ,odS not too late.
The Laura Curtis" Letter.
The next error committed, ~ conceive,
by the court below was the admission Of
What is known In the record a. the Laura
Curtis letter"
Ii j. in these words:
RICHMOND, VA, March .. 1885.
Ny Dear Lille: II is on business OF sad
importance | must write 10 YOU TODAY, ~
YOU know mama. both maina and Aunt
Mary have both been in wretched health
for long time. and both have been getting
worse for some time, and the doctors say
If Aunt Mary don't leave here, and that
soon, she cannot stand it long, so thev adj
wise papa 10 take her 10 Old Point. In order
that she can take those sun-baths which are
pioyiDg 20 beneficial TO consumpliyes; but
she will not agree TO 60 unless ! 20 with
her, which, of course, j. out Of the ques-
tion. as mama is too III for me 10 leave her;
30 we have been trying TO persuade her 10
let some one else accompany her. 20 at
last she agrees that il we can get you to
come down and 20 with her she will con-
sent 10 20. OF course we told her YOU
were teaching, but shc begged we would
try 70 get you to come and 20 with her just
as company for her, a. her nurse will 90
with her who has been waiting on her all
the time. she SAYS the reason she want,
YOU 10 be ith her is on account OF your
being 50 quiet and gentle IN your
manners when yOu were visiting w..
and she i so nervous she could
not bear TO have some one with Der who
was no, gentle and kind. She told me 10
beg YOU please TO grant her this request, as
il Wa her last resort for momentary relief
from her suiIcTings. a. Of course we know
she can never be well. My dear Lille, I'M
agine how 1t i with mc-my dear mama
and aunt both 50 sick. Mamais rapidly de-
clning, think. and aunt worse, | think,
but il She can get 10 Old Point VIC hope she
will get better. she will only stay there
one week, as in that time the doctors think
she will he better. il il viii benefit her at all.
Lille, please come. Ask Mrs. DickCrsOn
saw please excise you under these sad cir
cumstaDces. Just for week. and she viii
do il know, a. lou wrote me she was 20
coed and hind. Papa wishes me 10 say 10
YOU il you will come and go with aunt he
Will never forget YOUR kindness. and be-
sides, ne will pay all your expenses aud -
per day for every day YOU are with her.
He is such a devoted brother to her he
would do ANYTHING in his power. Lille,
don't get any dresses for the purpose, a.
YOU and myself wear the same clothes. and
as We wanled. if possible, 10 attend the eX'
position, | have had made up lot Oi new
clothes for the purpose, but, OF course,
now we can't 90, but we were in
hopes mama and aunt would get better. 20
we could 90. but we have gwen II out now.
Now. dear Lille, we are in hopes TO see you
soon. II YOU Will accompany aunt come
rhuisdav 19ih). either on the mail or eX-
press. We shall send 70 meet you: and
IJca>e, dear Lille, don't disappoint Us. for
you know there Is nothing would not do
ior YOU. ii aunt should gett01 III 10 90 we
NeWiil telegraph to you, 20 you viii Get II
before time for you TO start the l2.b. II
you will ak the lady you teach for tO eX-
cu,e YOU for Just this short time she Will
do IL, know. All send much love. Aunt
i yeTy nervous to-day.
Ever your loving schOOlmIto,
GThis letter Is sienedl LAURA d. CCRTIs.
This letter is proven 10 be entirely in the
handwriting OF the deceased, and IL i ad-
miltedly untrue in every line and sentence.
There i not one particle OF ebidence in
the record 10 show that he ever saw or
knew Of It; and the proof at the trial estab-
hshes beyond a doubt that she did not 20 TO
Richmond for the purposes Indicated in
that letter. IL was, therefore, unless con-
nectcd with the prisoner in some way,
and The prosecutions efforts to supply
such connection by presumption, nothing
more nor less than base forgery, conceived
and executed by the deceased, and palmed
on upon Mrs. Dickinson, the lady with
" hom she was living, as an excuse for
leaving her house.
Ii was admitted by he court and allowed
TO be used by the prosecution As evidence
to establish Two things; First, conspi.
iacy between the accused and the deceased
to deceive Mrs. Dickenson; aud next, a
deliberate purpose, on tie part Of The dc.
caised. 10 bring the deceased TO Richmond,
in order that he might have an opportunity
10 murder her. That it prtiudiced the &C
c,lsed cannot be doubted. As the fifth
bill Of exceptions says. the court per-
mitied 1.-The letter TO be read a. part OF
the statement made by Miss Madison TO the
witness as erptondtiOn end preparation Of
leaving her home in Bath county for Rich