Year: 1879

w 'bon pViifb navy We COllt Ill v IT
r ginia, when such a man is pointed to us
as synonym of heroism. 1t is with
! regret that have come into this matter
| do not desire to cast obloquy on this
dead man. He was not a hero, but he
; was man, with the same passions and
impulses as other men. | do not doubt


his bravery, and if he had not have had


a guilty mind, believe he would have


sprung at his assailant on that morning


like tiger. [Mr, Royal here gave the


jdry some of the elementary law of the


land on the subject Of murder in self de-


fence


You will bear in mind that Poindex-


ter had threatened Curtis with horse


whipping, and that Poindexter had it in


his mind that Curtis would probably at


tempt to take his life. The speaker then


alluded to the evidence of Mr.. Lyon and


to the meeting at the Factory, and said


when Poindexter was attacked he
thought the supreme moment had come,
and do not believe that any other two
men in the world would have gone to
that factory for any purpose than to
take life, and the jury can draw their
own inference as to the peaceableness of
these two; and guarantee that no man
was more astounded than Poindexter
was when he found that Curtis was un-
armed, he ever found it out Poin-
dexter did not know how many times he
shot; he only knew that his life was in
danger, and considered it his duty to
fire until the assault had stopped. Mr..
Royal here read from the Missouri, Ken
tucky, and Ohio reports on the law of
self defence, explaining the law at some
length, and read extracts from the opin- |
ions in the case of Webb rs. the State of |
Ohio. If you believe that PoindeXter |
thought that his life was in danger, or
that he was in danger of great bodily |
harm, your oaths require you to say
that he must go acquit and free. |
would say to man who rushed into my
Office with another, saying, "kill him."
and said he was not armed, you had
better be armed; this is no place for
you if you are not armed. | would tell
him as the accused did, "stand back
don't advance"


So far, gentlemen, have considered
this case from the common and statute
law of this land. But there is another
consideration higher than laws or con-
stitutions.


You, gentlemen, are the represents
tiyes Of the great jury system, older
than the records of our Anglo-SaXon
race. Your decision and your judge
ment Is final, and from 1t there is no ap-
peal If you say to the prisoner, Go
free, no one can molest him.


lie spoke Of Polntlcxter as being I'M
PEELED by the same motive in this affair
MS had in all ages led martyrs to tho stake
patriots to the block, and which impcll-
Curtius to throw himself into the gulf.
1t was the purest and noblcst feeling
that can animate the human breast, and
which appeals to all the better Instincts
of our comman humanity.


am here to say that / approve of
and applaud the conduct of Polndexter
in thrashing Curtis, and say it in def
ancc of all the sarah camps Of Rich
mond. Mr.. Royal spoke for about two
hours and fifteen minutes. His speech
was n powerful and able argument In
defence of his client, and was full of al
lusions to the Sarah Camps of Richmond.
lie fully vlndicated the course of the
accused throughout, and concluded by
saying that he hoped he would never
see the day when jury Of Virglninns
would convict man for periling his
life in defence of the woman he loved.


GEO. d. WISE, ESQ.,,


The Commonwealth Attorney, In
beginning, stated that the speeches Of
the defence had occupied seven hours.
If he were to attempt to follow and COM
ment upon all they said 1t would detain
the jury longer than he wished and
longer than his own strength justified.


But he should feel sadly dcrclct If he
did not discharge his duty fcarlcssly and
without favor or affection. lie would
not follow that gentleman Mr. RoyalJ
whose place In this case seems to be to
east reproach upon the dead. Mr.. WISE
continuing! l take II that your feelings
Of humanity caused your lips to
curl IN scorn. take IL that your man
ly feelings rcvotcd when he tore the
shroud from the body Of the deceased.


If Poindexter's defence rests upon the
villi1cation of the dead, God help him.


pity the man who can stand and
look twelve honorable men IN the face
and scatter the ashes Of the dead to the
winds and dcnouncc him Ms coward
and n craven.


Mr. Royal; "Mr. wise you must NOV
misrepresent me. didn't denounce
him as q coward and acraycn."


Mr.. Wise "I'll leave II to the jury


Mr.. Royals "l'll leave II to no one
did no such thing"


The Commonwealth Attornetttur
Ing to the iuryli You were brought
here to try the case because you knew
neither Of the parties; because you were
wiihou, prejudice or passion. did not
speak to You Of Curtis that "none knew
but to love him, none named him but to
praise" Did tell you that the people