Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-11-23
THE ARGUMENT OF COUNSEL
Msssrs. Dswson, Carter, smith, ana ''sa
srdson Make Fine Spesches'

THE ARGUMENT OF COUNSEL
Msssr,. Dawson, Carter. smith. and NICE
ardsou Make Fine Spesches'
The instructions having been decided
upon and read to the jury. the arsuine""
which was able and exhaustive ana CON
eumed about five hours. began Without
delay or ceremony. Mr.. Marion l.. law
son opened for the Commonwealth, anu
spoke little less than an hour. he began
by saying that he was conscious VI '"s
solemnity of the occasion, the gravity =.
the issues at stake, and the lac. 'na.
the ,Ife and liberty or the character o! n
fellow-man hung on the decision -. az
hour. and, after briefly aiiuuins 1900
fact that he was glad that the u n,
had been conducted In manner ~ s,p,a
tious TO the accused ana ny SUI 20
counsel, he began at once e .nat since
80, or the evidence. He said that sihce
h,s association with the case ne Aau
aoored neither time nor labor IN MS
afSa-t. 10 ascertain what the true iae's
,vara and now that all the evidence "ao
ran submitted. there did not nhser ~
,.s lind doubt "of the guilt OF the
nr,nclpal and star-actor In that ia.a' 80
bloody drama which was acted On '"e
29th OF December last" 49,. had
He believed every wrong whicn To-
bsen furnished in the chain OF e',uer ~.
hound the accused more Closely
crime: that every ray which hau 49,
thrown upon the accused from the sea- an
lqht OF truth more clearly eApossu
certainty Of guilt This opinion na .io, or
formed from a careful consideration u
all the evidence.
WE'RE FOUR PRINCIPLES.
In reviewing the case he said .hat '1u'
Fundamental propositions shouio ue
cided-first, whether there hau peem
murder committed; second, uhuei -
n,rnumstances was .he act done; thlru'
Who was responsible both to Goo anu 70
,,an Tor the act; and fourth, what were
,ha circumstances relied on by the de-
fsnce as an excuse for the crime. MI.
Dayson then went on to show that IL was
acLnowledeed that the accused killed the
decsased. that he and his companion uaui,
hunted him out, and that the aeeuse
engaged him In a quarrel when enueu
only with his life. The speaker en.n
stated that the only points IN uispu
we're whether the extenuating circunh-
s,srces relied on justified the killing, or
whether IL was done by the accused Win
the responsible apprehension that his own
ufa was in danger, or that ne was III
danger OF great bodily hurt. lie tooh up
the evidence Of the witnesses one py one
and commented on 1t for the purpose vi
nrov,ne that the plea of self-defence re-
lied on was absurd for the reason tnat
the deceased had no weapons ABOUT MN
while his antagonists were armed WIN
a pistol and stick. ana also that .ne
wounds which the deceased received were
inflicted in the back. Mr.. Dawson also
sald in commenting on the plea OF SER
defence that II the accused had sought
to have excused the killing on the GROUNDS
of insanity, in his opinion the pest e'i-
dence of mental arrangement would nave
been the fact that he had sought 10 eH-
cuse his act on the grounds OF sei-de-
fence.
Mr.. Dawson then, after briefly review
ing the law Of self-defence. passed on 10
the alleged insult. and argued that though
the burden OF proving the extenuatihg
circumstances rested with the defence,
the testimony which they had introduced
was more than overbalanced by that
which had been introduced by the Com
monwealth In rebuttal OF 1t.
HARD ON GAUL.
Mr.. Dawson commented In scatning
terms on the testimony OF Gaul. who. he
said. acknowledged with such smiling
comma cenca that he had sworn to what
he knew was untrue, and had been as
ready TO be conducted along the pathway
Of perfidious falsehood on one occasion as
he was along the path OF truth on an
other. Mr. Dawson urged the jury 10
weigh the facts well, and TO render YER
dict IN accordance with them. In speak
ing on this line he said: IF we still pro-
fess to.haye law in this proud old Com
monwealth to redress wrongs, 10 punish
quilt and TO guard society as you value
the honor of your State, the reputation OF
YOUR city, the security OF those who are
dear TO you. see to 1t that when you
render your verdict you maintain the arg
nifty of the law, that impartial justice Is
done, and that the accused receives the
punishment which Is so well merited by
his guilt"
He then referred in feeling terms to his
sympathy for those of the accused's family
upon whom the hand OF afliction mad
fallen, but added that there were times
when unwavering justice should be the
reward for guilt.
MIR. DAWsON'S CLOSING.
He closed his address to the jury with
the following peroration: "By verdict
of guilty you will unite both Justice and
mercy In a righteous decision. for liberty
can give to the murderer no surcease or
sorrow His happiness is already doomed
His own dark thoughts he cannot shun.
IL he could take to himself the wings OF
the morning and fly to the uttermost
parts of the earth he could not escape
them. There is no spot on earth in which
he can stop in rest or In peace. His hand
Is stained with the innocent blood or
fellow-man, and all the oceans cannot
wash 1t clean. His brow Is branded with
the mark of Cain, and all who know will
sbun him. The CHASTITY spectre Of his
victim will throw Its shadow across his
pathway and will haunt his pillow In the
silent hours Of the night. His slain and
bleeding form will fit in and out Of his
distempered and restless dreams. The
tones OF his voice will ring ceaselessly
in his ear. and IL there be one chord In
his craven heart that still responds to
the touch Of feeling; one spark OF light
In his deadened conscience. the poisoned
stings of remorse. the lash of bitter men,
cries will so wiring that heart and
scourge his conscience that every fibre
of emotion will tngle and culver with an
endless agony. compared to which the
momentary pain of sudden death, which
he Is destined to suffer on the gallows,
would be a welcome and sweet relief.
gentlemen OF the jury" Mr. Dawson
concluded, II desire 10 return TO you my
heartfelt thanks. not only for the kind
and patient attention which you have
given me in my feeble effort to assist you
IN ascertainng what are the true facts
In this case, but also for the intelligence,
.watchfuness, and earnest care which you
have bestowed upon etAry circumstance
connected with it. I resign IL TO you,
with the utmost confidence that your YER
dict will vindicate justice and uphold the
majesty OF the law. sustain the reputation
of the community. and preserve the honor
OF our courts"
MIR. Carter for the Defence.
The argument for the defence was be-
gun by Mr.. Hill Carter who opened
with number Of references to parts Of
Mr.. Dawson's speech. taking the ground
that the junior member OF counsel for
the Commonwealth had gone too much
into his own conclusions, instead Of into
the facts OF the case. Mr.. Carter spoke
for about an hour, and his fervor and
pathos impressed all who heard him.
The main trend OF his argument was
to show that the accused had exercised
his right as a citizen In demanding an
apology for an insult TO his wife. and
that the facts showed that the shooting
was done In what Mr.. McNamee honestly