Year: 1867

RICHMOND, July Gath, 1867.
Colonel S. T. Chalfn,


Assistant AJutant- General:


Sir,-As my conduct is alluded to as
the professional adviser of the court in
communication from headquarters to the
Recorder and Aldermen of the city Hust
ings Court, beg leave to add what follows
to their statement on the subject:


l can make no reply to that part
of the communication which refers to
the dismissal Of the gaming cases, as
I was not present when they were
acted on, having left the days busi-
ness in the hands of friend while attend
ing another court, and heard and knew
nothing of the dismissal or the motion to
dismiss until upon my return to the court
found that the cases had been finally
disposed of. l can only confirm, from Off
cial experience, the propriety Of the rea-
sons stated by them for their Judgment
reasons which have frequently produced q
similar course in regard to causes Of a
like character.


AS to the cases Of HotZe and Hovey. l
conducted the cases against both of them,
and can speak advisedly. Both men are
strangers to me E; both seemed under strong
excitement. I determined to let each tell
his story against the other, and submit
them, as far as | was concerned, with any
other pertinent testimony to the jury, with
out comment. Nothing was said to the
juries respectively that tried the cases
either by the court or counsel on the facts
of the case, and nothing was said by me
to the court upon the subject Of their
judgment. In fact, my whole part in the
trials consisted in bringing out the evil
dence by questions and stating the law,
that while provocations previously received
are no defence to prosecutions for assault,
they might be considered in fixing the
degree of punishment; which was agreed
to by the counsel for the defence. Ho-
yey's case was tried first. The fine is
higher in his case than in cases Of simple
misdemeanor. Indeed, courts and juries
here do not generally animadvert with
severity on cases of mere personal con-
flict in heat of blood; but the trait in his
case which suppose excepted it from the
general usage was the fault of Hovey in
not waiting for the result of the complaint
of the child's conduct, which he had made
to his family, and taking the matter in his
own hands-which spite, from the old
grudge, was unmanly towards a defence
less child-and the excessive beating
for he distinctly admitted that he pun
ished the child for the offence of which
he had complained, assuming, without
further inquiry, that his guardian would
not correct him for it. Hotze's case was
tried the day after by another jury.
Hovey's flight from his adversary, con-
trasted with his violence against child,
was not calculated to recommend him,
and cannot but suppose it had its infu-
ence on the case. But am strongly per-
suaded that the verdicts and judgments
in the cases are true reflex of the moral
sentiment of this community, and would
not have been variant had both the parties
been native residents here.


Hovey was discontented that the matter
of Hotze's assault on him was not allowed
in evidence upon his trial for his assault
on the child. But as the assault Of HotZe
was subsequent to the assault by Hoyey,
in the nature Of things it was no part Of
the first transaction and to admit it would
have been reversal of the rules of Judi
cial proceeding. Though insisted on by
Hoyey, it was not asked by his counsel.


I will add that Hovey has suffered
neither in body nor estate by the event.
He was pardoned by the Governor of the
imprisonment before the judgment had
been entered on the record, seemingly
by anticipation, and he was not con-
fined for the fine being relieved by
military order, he has not paid the
fine nor costs assessed against him, while
Hotze has paid the costs assessed
against him. Whatever may have been
Hoyey's offence, great or small, he has
gone unpunished for it. I believe Hovey
invited military inquiry on the subject,
the result of which was that Hotze was
discharged. What has been done in
Hovey's part Of the affair I am not in
formed but shall respect the supposed
wishes Of the military authority by taking
no steps to collect the fine and costs from
him.


Very respectfully, your obedient SER
want, r. T. DANIEL.