Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-04-01
low it was supposed that this other
note WAS from nrisoner.

All. ny eIb iueh suihVu =" snS
page sc, and read it.
Mr.. Ayers also read "the Curtis
letter." which has been often published.
THE ONLY REASON TO SET ASIDE
THE VERDICT.
Mr.. Ayers maintained thatitisa we'll
settled principle that when the facts
are not certified up to the court, but
the evidence is written out and sent
up, the court in considering whether
the verdict was warranted by the evil
dence, will only take into considera.
tion the testimony for the Common
wealth and will exclude that for de-
fendant. To justify reversal on this
account the Commonwealth's evidence
must be "plainly insufficient to war
rant the verdict"
On this point he argued at length.
HISTORY OF THE CASE.
Mr.. Ayers then made rapid review OF
the evidence, and dwelt particularly
upon the cousinly relations OF the two
parties Of the opportunities prisoner,
and prisoner alone, Of all men, had to
seduce deceased of the correspondence
between the two after she went to Bath
OF bis introducing himself to courtcsans
here as Merton -; Of her coming
here on two occasions and registering
as " Merton -; Of his going to the
hotels and calling for " Miss Merton y; !;
Of their visits to Belle Isle and TO Mrs.
Goss; Of the ride up Main street in
the street. car ; of their meeting DR..
Stratton, &C., &c, &c.
TOO COOL.
The complete calmness with which
prisoner took his arrest-nOt even ask
ing with whose murder he was charged
was to Mr.. Ayers's mind weighty proof
of guilt.
Having thus run over the evidence,
Mr.. Ayers took up "the torn-note "
question, and contended that it was pro-
perly identified; that it was part OF
the res gcstG and was rightly admitted.
alt was properly admitted because it
proves that they were in direct COM
munication. It's idle to suggest possi-
bilities. 1t isn't possibilities We try ;
it is reasonable probabilities"
VERDICT.
Mr.. Ayers finally addressed the court,
contendiDg that the verdict was good
was in the proper form-not quite in
the usual form-but one that complied
with all the substantial requirements
of law. So, also, he contended that
the record did show that the prisoner
was present when the verdict was rem
dered also, that the Court did right
in not setting aside the verdict on the
ground Of alter-discovered evidence
DIR. Garlick). Upon the whole he was
of opinion that there was no error.
THE ATTOENEY-GENERAL's CLOSING
Said Mr.. Ayers:
The facts IN this case have kept thiclycu-
ing until they are amssscd into an impene.
tiahle cloud over the accused. His guilt Is
uudOUbied and the only question mat can
he asked is. How Is il possible mat man
of culture, Of good character among his
peighbuIS VITO received Christian cdu-
Gallon and himselfa q teacher Of holy and
lenign religion. could Ice guilty ot Bucu an
iuhuman and horrible deed 10 is simply
one OF those sort OF cases which Is 50 strange
and uugccOuntable mat no satisfactory an
s0,er can DE given. and it demonstrates the
depraVity Of mankind and the absolute i'm
possibility of ludgiug OF The charac ter Of all
men nom ibeir exterior department
HismOtiVe was to hide hls own shame In
ne SeductlOn OF the deceased He and none
her, copli ".5a61Ua s.' uo supposed the
uther OF the child IN her womb. The lie
-ascd associated with no gentleman
-ainst whom suspicion could arise in the
,Onths OF July, August and september
SS4 except the accused. (See testimony
.l Charles Madison and John Walker.) And
oven after She went to Bath her conduct. in
the language Of MTs. DickensOn, was fault.
less Indeed, the evidence shows that hei
conduct was siugulaTly exclusive, and n,
association held with gentlemen as lovers
with TWO CXCeptiOus-tO TO viii, the accused
and her cousin Mr.. Madison but he did
not see her for a long time previous to hei
seduction.
Then the clandestine meetings in Rich.
mond Of the accused and Miss Madison pui
the matter beyond all question that he wa
leT seuuCpr and father Of the child found IN
the omb. Nothing if wanting In this case
To convince the Impartial mind Of the gull
OF the prisoner. There is 40 collision IN the
multitude Of facts proved in this case-al
indepcD dent. yet one harmonious whole.
II The prisoner were innocent he could
easily prove II he could show that the lady
with whom he was seen at Mrs. Goss's In
January and March was not the deceased
II The lady with whom he was standing ai
the corner OF the American Hotel at 1880
A. NJ on March 18th was not the deceased
he could show 1t. II ne We're not the man
who went To- the American Hotel about ?
O'Clock r. NJ. on the 18Th Of March he could
show u by proving where ne was on that
night from TO III o'clock. He admits that
he has numerous acqu0 0intances IN Rich
mOnd and Is known WheresOeVer he goes
II be were innocent he would not have de.
MED seeing The deceased in richmond IN
January and March. II he were innOcell
he would not have tried TO conceal the
charm.chain when arrested. II he were in
uocent he would not decline tosay where ht
was from 10 II O'Clock on the night of the
18th OF March.
There rs only one circumstance which I,
difficult OF an explanation IN this case and
that j. how the deceased WAS induced 1,
20 TO the reservoir on that night. Inis
question, however. cannot avail To- MAKE
hIm les gully. IL would seem from the
fact that as she took all OF her articles o
c.OthIDg fIOm the hotel that she COuiem.
plated gong Oh Journey or 10 some friend :
and the evidence discioses that she had
she had been induced 20 write two
Letters on the 18Th OF March and %
date them on the lith. one OF these wa,
written TO Mrs. bickenson aud the other "a
Mis-. TuDstall, the aunt Of the prisoner.
Now itimpresSes me that the murder mus
have been contemplated when She was in
ductd 20 write ard date these letters on the
llih-the object being to make the impress
sion hat she could not Oc murdered on tht
18Th. and. consequently, the accused m
that case would be clearly enabled To prove
his innocence. But this ruse like all Others
rcsorted 10. has turned It's force in the oppo.
site direction 10 which IL was intended
and proves the murder 10 have been pre-
mediiatcd. deliberate. and wilful. This
premcditated design is also shown In the
conduct OF the party in the parlor OF the
American Hotel. lie attempts To palm
himself OIL as MIR. X. III. Curtis the bro
ther Of Miss Laura NJ. Curtis whose
name was signed 10 the letter read to Mrs
DickenSon By Miss Madison. assigning an
excuse for coming To Richmond. Tie say
TO william Ty Ter: don't think this Is the
lady whom 1 want To see the lady whom
He then left, but shortly returned. He was
restless. He gave neither the name OF him
self nor his sister. He turned abruptly on
nr. StiHtton, who thought he intended a.
make an attack upon HIN. and made nc
reply when the DOCTOR bade him good-eye
ming. All these acts show that his mind
was agitated and overpowered with the
thought OF his dreadful resolve. What eX-
cuse he made TO get the deceased 10 90 10
the reservoir Is, OF course. only conIecturaL
Many surmises might be made, yet they
would only be surmises.
What was used in giving the blow above
the eve. which most probably produced
partial insensibility. can only be conjec-
iured: or whether some anpsthetic was
used to induce inscnsiDility cannot now be