Year: 1867

gcther, and eleven days after the body OF
the deceased was found lying cold in Drink
er's woods. But during that time the ac-
cused was not with her, and it has not yet
been shown that he was with her upon
either one Of those days. They say, Where
is the wife =? We haze proued that she
1rds not uuh as. That body, we have
established, could not have been there on
the Eth. DR.. Farrar's medical experience
and common sense has conclusively settled
this fact, and in his opinion he was un-
shaken. When, then, was the murder
committed.


The excitement in the crowd at this
point was so great, from a rumOr Of fight
outside, that Mr.. Guigon was for some
moments unable to proceed.


Resuming, the counsel remarked that
every witness examined upon the point
was confident that not more than two or
three days could have elapsed since death.
Gould the murder have then been COM
mitted On the 18th of February?


The next question is, did he kill her be-
tween the 18th and the 2Sth of the month
No, and upon this point we rest the de-
fence. We are commanded to account
for the wife. How can this be done None
but themselves were present at their part
ing, and the prisoner cannot be allowed to
tell the story and describe the circum-
stances under which he left his unhappy
wife.


After their parting we are prepared to
show that he was not for one single moment
with her to this hour. At Miles Philips's in
this city on the night Of the 18th; Mon
day morning he rides with Jacob Ford to
Mr.. Pruett's; arrives at Mr.. Pruett's on
the same afternoon, remaining until the
next morning; thence he goes to Mr..
Jude's, and until Friday the 22d he is not
absent from that place. These facts the
Commonwealth does not even attempt to
disprove. Friday morning, by several
parties, he is seen on his way to Richmond
in company with his uncle. We have
every reason to believe that he was at
Mr.. ". ". Phillipss on Friday night, and
on Saturday at Mr.. McWhirt's in this city.
The Commonwealth itself proves that on
Sunday he went to Mr.. Turner's, and re-
naming all night came to town on Mon
day for Miss Turner. We establish that
he called for her, and unable to find her
went to Mr.. Templcman's. At night he
returns to Mr.. Turner's, and the next
morning is in town again, dimes with Mr..
Charles Phillips, and spends the night with
Mr.. W. W. Phillips. Miss Ragland's evil
dencc here is conclusive. This is the day
on which the murder is supposed to have
been committed. Wednesday he is still
in the city and seen by Mr.. George ".
Turner, and an arrangement is made to go
to Chesterfield On the next day. The plan
is carried out, and when they return the
body is found. Now, what circumstantial
evidence can be stronger than that intro
duced by the defence?


Two facts arc then established first,
that the woman was not killed on the 18th
of February, and, second, that from the
18th to the 2Sth they were not together.
Why, you say. did ho prevaricate Is it
not evident that the marriage had been
previously concealed ? When he found his
wife dead, the first impulse would be to
conceal his connection with her, being
sure that the conccaiment Of his marriage
would be deemed sufficient cause for his
immediate incarceration. One falsehood,
of course, led to another, and, with the
fear Of Imprisonment before his eyes, the
unfortunate boy did from her relatives
conceal the death, as from his own he had
concealed the marriage. Here, we rest
satisfied. that there is no cause to believe
his guilt : but, on the contrary, his inno-
cence is firmly established. We ask,
therefore, that this poor man, whose heart
is so much stirred about the fate Of a
beloved wife, may be allowed to breathe
once more the air Of heaven, and do his
part in fcrreting out the perpetrator OF
this great crime.


Mr.. Thomas, in behalf Of the prisoner,
also supported the motion for acceptance
CT bail in an earnest speech. The Com
monwcalth, he said, demanded to know
where the accused parted from his wife :
but would not allow the defence to bring
the only living witness Of that parting.
The law requires that in order to convict,
evidence Of guilt must be SO strong as to
exclude every other hypothesis. If cir
cumstantial evidence is depended upon,
the chain must be complete. Here it is
not complete, the Commonwealth leaps
over q chaSm Of whole week, for which
the Attorney does not attempt to account.


Mr.. Thomas then, in an earnest and i'm
passioned manner, declared his belief that
the accused could not have committed the
outrageous crime Of wife-murder. lie
paid a glowing tribute TO the patriotism,
the previous good character, the well
known unexceptionablc reputation of his
client. In the name of God and of justice
lie united with his colleague in demanding
that no unnecessary hardShips should be
placed upon the suspected man, and that
lie should be permitted to give bail, and
freed from imprisonment-do his part to-
wards finding the murderer of his wife.
Mr.. Young urged at length that the
prisoner should not be granted bail. Only
two facts were to be considered by this
court. Has homicide been committed
Is there reasonable cause to suppose the
.prisoner at the bar guilty OF the crime
These facts had been considered and the
court had seen fit to send him on, with
out an attempt on the part ofthe defence to
argue the case. Now, motion is made for
bail, and the whole case has been reviewed.
Under such unusual circumstances he
knew not how to proceed. There are cases
in which county court can bail O. man
whom they have remanded for trial. In
such cases, however, the prisoner must
not be charged with an offence punishable
with death or confinement in the peniten-
tiary, or unless "only light suspicion of
guilt falls upon the accused" Is there
only light suspicion here! You are not
here to give the prisoner the benefit of a
doubt. The jury must do that at another
time. The thought of balls preposterous.
The case has never been surpassed in the
criminal annals of the State, or scarcely
within the memory of any man now living.
Why is all this anxiety manifested by the
people of this city, county, and State
The evidence has settled in every mind
and fastened the conviction of the guilt OF