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Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, June 12, 1816, Image 4

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At the scat of Instruction, where once she was Mess'd,
f nr Svicnccvat mourning, with «ilmu oppress'd ;
Her map* ami her Tulmues lav scatter'd nroiind ;
Her gloU * all in fragment* »ct strew’il on the ground ;
There lay in ruile tatter* the relics of sense.
The waste ami destruction of genius immense.
SIk- wept, shook lu r head, aial v. itls anguish lagan—
’* Alas ! for the bo) that believe* hc’v :i man,
When his stature grows tall, and his lingers begin
To stroke the soft down that comes o’er his chin ;
When he tklktof a sst.isblies, assumes the tinrirtr!
f alls in love,as he call* it, mid dreams of the tair !
T his s.honl and these students l claim’d for myosvn ;
Here my precepts were utter’d, my maxim* made known ;
I display "it the fair honor fur wisdom design'd.
And t!i- lasting content she bestows on the mind ;
1 open’ll my treasures,around me they earn*'.
And I rous'd their ambition lur glory and fume :
T hey heard me with rapture: 1 taw in their eyes,
Fair ho|ie, emulation and genius ari«e ;
1 haiVd the glml umess—H My children,” 1 crissl,
** le t no ph.-u.itv'object* your bosom divide,
’Till crown'd with fair Virtue, with Ia.-un.ing refin’d,
I restore yam, a blevsinr nml joy to mankind.”
Ah ! fond cspci-tatiou I 1 saw with despair,
How soon tliey tbrsoolt me to wait on the Fair.
AVhile 1 talk’d of planet* that roll’d in the *ku-*.
Their il.mights were on dimple* and beautiful eyes ;
I laid down position*and strove to explain—
T liey thiiitmit of Eliza, and Mary, and Jane I
I sa-i-tt fine youth, as apart he retir'd,
Hho ve.uto with theanlnrofleartfing inspir’d;
hlis book* mid his pen he di.po.’d in dm place,
Ami deep line* of thinking were mark'd in Ins face;
Sv • i t hope in toy breast was hegim.ing to swell.
And 1 lov'd the di-nt- boy that eon 111 sntdy v> MI.II,
“ Nov shall my assistancelje wanting,” I crissl,
41 I'll crown thy exertion*”—1 sprani; to his d ie— \
Alas! an Acrosticl—the series w.r» plaun'J,
The mew was all written—tlte letters were sernn’d-t
T lie ininalsarrang'd to pro:note the decjn.
And bit genius was -s.nkint,- to g*t the In «t line!
I *hut op my Euclid—1 Mush'd for my If,
1 laid itlair itiul Murray again on tin'snetf;
JVi.snppaiiite !, eon fu* .* I and o'ercoms; with regret,
l utter’d a wi*!. I shall never forin t:
That all the fair maidens my council arcuM prize.
Ansi than every Is.l .till lie's learned and wise.
[From the Monthly Magazine.]
Three exp- -.’muni Save Ik co arrengrd, from which, indue
time, literature Mid science may lie expected tr> lie enrich
«-l. One is :i tourney to tin-interim of North Africa, which
deport* 1st die river Gamliia; another ix » journey into
middle Africa, undertaki n hy Cttptuiu Tuckey, who departs
by the River Congo ; and the third it a new t-mhas-v to
China hy Lord \ inherit, to whom Mr. Ellis is to act tit so
er-tiMv. Su-.-li utxlertukines are most honourable tu die
B. itisli Government; anti we understand that in tie ir e
15 upments no cart or expellee will be spar, d to vender them
idee live.
The accounts front St. H lena which can Im the hco ,l<
p-nd d upon, ties- rib? i’e Emperor Nap dcou, as still rn
g-.gvxl in writing die History of his eventful Li Pc. He
e*wikl rend r no gr ater ervic *■> truth, an t in no way
more gratify this age, and disabuse* pun rity, than hv com
pleting sueh o work as speedily oj possible ; and there is
still sufficient spirit in England, ami >ie may add in Amer
ica, to print ami pnbiish literally, whatever lueh a man
may feel it his duty to write.
Among the late additions to the British Museum, is a col
lecikin of marbles from l’iiygaliii, liberally pureh.anxl tbr
that institution hy government; consisting oft he Frieze of
x Temple, dedicated to Apollo. Itis supposed that it will
b» arranged in the Gallery of Antiques, and add to the now
unrivalled splendor of that assemblage of antique mai
Sir Humphry Davy has read to the Royal Soci*ty, -a pa
yer on the tin-damp of coal-mines, and on nsethtxis of
fighting the mines so at to prevent explosion, of which pa
per we shull given copious abstract in our next, sir Hum
phry's lamp is said tu affinal absolute security, every ex
plosive mixture extinguishing the Haute,
» \Ya arc glad to observe that a spirited subset ; tion has
been apriird iu favor of the widow Margaret, whose ex
a-nplary attendance on her persecuted huslnnd during six
wen years expatriation, is not exceeded hy any example of
female virtue in the history of her always atuiablc sex.
A new moile of manufacturing gun-powder ims been in
7, med in France. Tlic grains Hrexoherical, of the nre of
9 >v nivshor, well glazed, and composed nfcmicriitriv cutis.
The advantages which it posseow-s over common gun-pun
tier, are, that the mono facto re of it is ranch cheaper, and
shut it burns at least six times mure rapidly than com non
The following art the results of Sir Humphry Davy’s ex
p- rlmem on th,*colon useil by tbeanciems as pigtrcius. i'he
red colors employ- d, he found to be red lead, vermilion at.-!
Iron ochre. Too yrllows wrrr yellow oclirc, iu some eases
mixed with ch.dk, in others with red haul. The ancients,
likewise, employed orpiinent and massicot as yellow paint,.
The blue was a pounded glass, cotmsosed of soda, silica, lime,
and oxi-le of copper. Indigo was likewise employed by t'ie
ancients, and they intxl cobalt to color blue glass. The
greens were compounds, containing copper—sometimes the
carbonate mixtd with cl.elk—sometimes with biue glass. In
•o*ne cites, they consistel of the green earth of Verona. Ver
digris was likewise us d by the ancients. I'he purple color,
found in tile hulls of finis, was .111 animal or vegetable* mat
3*r, combined with nltimi e. Tlichlacksw r ■ ciuireoul, tins
browns ochres, the whit 's chalk or clay. White iead was
known likewise to the ancient painters.
Dr. Welts, in his Essay on IV\r, says, that D.-w very tel
slum r never I'.tlltoil cloudy nights—that it udejmsited most
copiously on those substances which radiate heat best, and
Vpnu .-ach according so in radiati-.g power—and that tlmse
holies upon which dew falls are many degrees, (from 14 to 20}
col Irr tinin thaatmosphe-ne. Hence,brat being ro.tiut.al fr-.m
those bodies on which it fails, they become colder than the
atmosphere, aitd the aqueous vapor in the air is in itonsc
qr.tnca condensed and aeposi ;ed jpou tlieiu in the form of
J- w.
It has Ion; been known that tbo mutineer' of the Bounty
settled in Pitcairn's Island,35® i.lat. and 130 \V. Jon. and
their progeny were lately vi.ited by an American and Bri
tish vessel. A son of Christian's was the first born on th
is'and, and is nnw about twenty-live years of age. (named
Thursday October Christian:) the elder Clirjitain fell a sac.
rifle* to the jealousy of ati Otabeiti-an man,within three or
ft ur years after th .r arrival on the island, They were -se
en.up mied by ;’n Otaheite-ni met: ami twelve women ; the
former were all siren: aivav hv detneratr contentions be
tween them .and the Knglishmen, and live of the latter
hare died at tli Karent periods, leaving at present only one
man an I several women of the original «tuers. It comftins
•'.un.lam.-e of ya u< piaintains, hugs, goat;, and fowls ; b it
aifbrds no sh -Iter fur n ship or vessel of any d-scriutimi;
srit'istr could a»hit> water th- re without gr«>1 dii.'it-iiity, ns
tin- ulaml is coni .' t ly iron-!iouiid with rocky shores. ’ Ite
*i ” li-or d (liar tlie visit was of a peaceable ntiture, it is im
p.osild - to d-.-ii-ribe the joy these poor people m mif jted on
■» i .jj'hoie they ware pi as.-d to consider as tl\"ir country*
lo -ii. This inter-sting new colony consisted of Mpertoris,
mm ly grown up young people,besides a number ofinfitnt*.
Tli yo .n-j men, all born on the island, are very athletic,
a .hi of ipe tin.s' f Tint, ihvir countenances open and plea bug
•-but «h- jonaijwons n '•.ire obj. ctsnf pecn.iar ad.nir-i rn .
tall, robin', and bei itifnlly f- mu d. their Taei sbi aming wit
rnilisa-d u lir idle good humor. Tlieckithingofthe young
fbm-> les consisted of a piece of linen, reaching from the waist
*o the kn. s. and generally a sort of mantle thrown loosely
ov- r the shoulders, soil Im tging as low as the anklet. Thi y
emn-tim s wri-nth taps or lionnet* for the histil, to protect
the face Irani the rays of the ton. Their native motleny, as
sir.esl by a pro|H-r sens" of religion and morality mstilhd ire
to their youthful minds hy John Adams, the last survivor,
has hitherm pr served these interesting people perfectly
chaste, and frf from all kinds of delmielu-i-v. Ilteir hahs
Miions are extremely tu-.i*. The little village of Pitcairn
forms a pretty square, tlie houses at theuppi r entl of whieli
areoeciipiisi hy the patriarch, John Adams, and his family,
•omitting of hi, old blind wife mid three daughters fru'ii 15
to I a rears of age, and n hoy of 11 ; a daughter of his s»ife try a
fur fue; h istind.aml a son in law. On the opposite side, is tlie
dwelling ui Thin td.iy O.-tidier Christian; anil in the ci-utr'-,
is a smooth vi rdant la w n, on svhieh tie- iNudtry arts let loose,
f> need in sons to prs-v -nt the intrusion of the domestic quath
ril|scils. All that w.isdone, svas Ohs ion sly end rtaken on n
settled plan. Unlike to any thing to be in. t with on tlie nth*
t-i ill ii.si i. In their hosis-s, too, th--y hail a good deal of lie
s'* ut furniture, consisting oflr-ds lahl upon bsxlsl-ads, with
neat coveiing; (hey had also tables ari l large chests to core
tain theif valuable* and clothing, which is m ule from the
bmk ui a ecrln i tree, prepared chiefly hy the elder Olahc-itc*
an f- males. Adam’s hotiu- consisted of two rooms, and the
vendors had sliutt rs to pull to at night. Tlie younger part
srl th- sec in-.mi l» fort- stated, employed with their brothers,
. wmk-rt'ne direeHwii oftlietr comin-m fatlier, Adams, in the
culture of the ground, which proshiced cocea nuts.liatianas,
•he lire .d fruit trobjrami, sweet potatoes and turnip*. They
have also plenty of liogi ami goats; I’m* winds abound with
• *p» l ies or wild hog and the eo.a«tmf the island with several
hind* of good lists. 'I It -ir agricultural implement* are rwole
hv tie r e lves from the iron supplied Ity the Bounty, which,
With great labor, th y I* at out into spades, hatchets, (Iga,
stay. — ■'.rrg; ■kLdjjjwyjgga
Pjiu.adrlpiiiA, June 5,
O-i Tgrsd.iy the 28th M-iy, Ju 'pc Ru-vh
«h:trged the Jury in the cate of the Com
nv»T)*ve:tfth 7 • Richard South, charged ivith
tiit- munlrr of.I ihn ('■'tr’tnn. The trial cr-J
c *«•1 unusual interest, and the charge hav*
i -j' t» -en miKrh spoken of* w arc enabled,
through ttie kisv.lfvi* of the court, to lay it
h, fnreonr readers, \Vc hare taken special
Vi'is t he .. f.e .:.;y pri: te<l, from the
Gentlemen of the Jury: —
I request your attention to what I nm
about to say to you, and 1 also request that
you would consider this Charge as proceed
ing from the whole C tut.
The prisoner at the Bar,Richard Smith,
is indicted for the murder of John Carson,
by shooting him through the head, on the
20lh January Inst.
There is nty. the least doubt, ho died of
the wound, after languishing till the 4th
of February.
It is your duty, to decide, by your verdict
taking into consideration, all »ie circum
stances of the ca:;j, whether he be guilty of
murder or not.
A Jury has a rgfct, in Criminal Cases,
to give a special, or a general verdict—A
special verdict states all the material facts
and submits to the court, the question of
law, arising on these facts. This is not
usual, and is not expected by this court.
A general verdict is where the Jury, in
general terms, say the prisoner is guilty
or not guilty.
From the right which a Jury has, to give
r. general verdict iri all Criminal Cases, it
tollows they have incidentally a right to
determine both the Lazo and the /’'acts,
which are often, almost inseparably con
nect'd with each other.
V h it says the Constitution upon this
point ?
In indictments for Libels, the Jury shall
have a right to determine the law and the
tacts, under the direction of the Court, as
in other Canes.
From the evidence it appears, that John
Carson the deceas'd, was married to Ann
Baker, in June 1801, and that she was after
wards married i*i the month of October,
1815, to Richard South, the pr soucr at the
It is made a question whose wife she was
o » the 20 h of last January, the day o:i
which Carson fell, by the hands of Smith.
It is provided by our Divorce Law,
where a nun leaves his family for two years,
and his wife marries after that time, in
consequence of a report, apparently well
grounded, that her husband is d-nd,
that in such case she is not gu Ity.of Adul
tery—And that the husband on his return,
may insist upon havimr his wife back i .
or to be divorce 1 from be-.-—and that be
may institute a suit for a Divar. c w thin six
months after his r turn.
I'n make the marriage of a wife lawful,
in any degree, under this act, two thirds
are expressly required by the very won's
of it.
1st. That the husband lias b en two
years abs- nt.
2d. That a rumour existed of the death
<)• the husband. The marriage n.ust be
founded in both circumstances to give it
What is the evidence in th s case ?
There is no d-.o.-t that Capt. Carson had
been absent two years, at the time his wife
was married to the prisoner. But the other
circumstance, v,z: the report, or rumor of
the death of Capt. Carson, has not been
made out in pr >ot—To justify the 2d mar
riags of Mrs. Carson, there should be evi
dence of a rumor of this description. What
is the meaning of the expression—“a ru
mor of the death of a man in appearance
well founded.” We think, it means general
report, that a man died at a particular
town, or place, was shipwrecked, or lost his
life in some way, which the Report speci
fies. It appears to the court that the ex
pression, “ in appearance well founded,”
lias reference to the place and manner ,.{
his death. ?s’o such evidence has b en
giv n. Jane Baker only says, “ there was
a rumor of Carson's death ; a Sailor s iid
so.” This loose evidence is not the evi
dence the Ir.w requires, to justify, a wife’s
marrying in theabser.ee of her husband.
There must be a general report of his
death, ar.d of die place and manner of it.
There not being the evidence required
by 1 iw, to authorize the marriage of Ann
Carson with the pr snner in the Bar, it is
clearly the opinion of th- court, it w-s to all
intents and purpose null and vo:d. This be
ing the case, it follows that she was gu lty
of Adultery with Smith, that the rights i f
Smi.h as a third person, have no legal
foundation or existence, that Carson
had an undoubted right to proceed at law
against his wife for a divorce, and to settle
with her, ar.d withdraw the suit, whenever
he thought proper, without the consent of
the pr s -ner, or any other person. The law
row under consideration, supposes a case < f
this very kind, by enacting, that in any uit
fra D.vorce on the gr und of Adu tc-ry, if
the defendant shall prove th it th- plain tiff"
admitted the defendant into conjugal erii
bra-e~, after he knew sh» had been guilty
of Adultery, it sh.Il operate as a pe petu .1
bar, to his obtaining a Divorce.
1A- _ _ .
# ~ 3 hv'.; i i you upon
tli.s point, that Ann Carson coul > not have
two husbands at the same time. Sh. muU!
no* • e at the same time, the wife of John
Ci vn and the prisoner.
She was unquestionably once the wife of
John Carson, and nothing but death or di
vorce c uid dissolve the connection. These
arc the only two modes, known to die law ;
of terminating the marriig; contract.
I*, is stated by the defendant’s counsel,
that a subpoena, for the purpos** of < la
taming a d>vorce, is so decisive of the in
tent of the party, that he eannn: alter or
change his intention. This is strange lan
guage, and is equivalent to saving, the
bringing a suit for divorce, and the decree
in this case are equally binding on the par
ly* Where would be the use of the de
cree, if the subpoena was conclusive in the
libellant? VVe are therefore clearly of
opinion that on the 20*h of January last,
Ami Carson was the wife of John Carson,
and that he had a right to settle Ins d.fTcr
enccs with his wife, and to receive her
again into his arms.
It being universally understood and
known, that the property of the wife, is th"
proper y of the husband, and that he atone
has the controul over it, the consequence
is, tii.it John Carson had an undoubted right
to take possession of the house nod goods
wh ch belonged to his wife, on his return
in April lust, t.» tnis city and to his family.
It follows, that Richard Smith the prisoner,
was an in'ruder and had acquired unlawful
possession of due wife, of the house, and of
the goods and chattels of John Carson.
This point toeing settled, we proceed to
r m ark tivat the ci imc of murder p*,ontin|
lv Consists, in taking away the life of a f»|
iov creature, with circmostanrcs th .t
show a vindictive temper and malignity of
It is net the design of the court to dis
tract yotir minds, or fatigue yourattsn ion,
by a tedious discussion on the la w of mui*-’
understand v> much of this subject, that
you may lie able to form a correct judg
ment on the question submitted to you. It
will be pi ier to state a few leading princi
ples, that have rece ved the sanction of the
highest judicial authority in this st ate, sub
sequent to passing the law cf 1794.
In the case of the Commonwealth vs.
mulatto Bob, tried at Easton in 1795, be
fore Chief-Justice M’Kc.tn and Judg“
Smith, it was {.decided by the court, thn.t
s nee passing the law of 1794, the intention
still remains the criterion of the crime—
that the intention of the prisoner is to he
collected from his words and actions,
and that on the supposition, a man, with
out uttering a word, should strike another
on the head, with an axe, it would be deem
ed fire mid itu ted violence.
In the case of the Common wealth vs.
O’llarra,tried before Chief-Justice M’fvcan
and Judges Shippen and Smith, in Philadel
phia, in the year 1797, the court held, if
llie murder be committed with an instru
ment, likely to kill, it is wilful; and that to
make it deliberate and /iremedituted, the
party must have t me to reflect and to
frame the design, however short the time
may be, and mu :l intend to kill.
If the defendant has time to think, and
did intend to kill for a minute as well as
an hour or a day, it is a deliberate, wilful,
and pmniditated killing, constituti g mur
der in the first degree within the act of as
We shall presently examine the conduct
of the prisoner, and compare it, with the
principles, laid down in these cases.
In the mean time, we observe to you,
gentlemen, that the principles just stated,
are from the highest judicial authority in
Penuylvania, and that it is the duty of this
court, arvd of you as jurymen to submit to
For a moment however, g-ntlemcn, let
u • enqu re into their correUn ss.
The wilful, deliberate, and premeditated,
killing a p rson, is by the law of 1794 des
trilted to be murder in the F.rst degree.
What is it to kill a person wilfully ? It is
the same thing as killing him on purpose.
He who does an act wilfully docs it on
purpose, and he who does an act on pur
pose, docs it wilfutlu.
The next ingredient to make the killing
murder, in the first degree, is, it must be
deliberate. But does the law fix the time
of such deliberation—no such thing, g-ntie
rnen—does it say, the prisoner must ponder
over the crime for years, for months, for
weeks, or davs or hours, or for any other
ffhten time ? What sort of a law wouid it
he, if such construction were put upon it, bv
courts and juries ?
Suppose hr example, it should be con
tended, that it must appear, the party had
pondered on the connvssion of the crime,
one hour or five minutes before the fact.
I ask then, why fix an hour or five min
utes, for deliberation? why not half an
hour ? why r.ot two hours ? why not two
minutes ?
The truth is, in the nature of the thing,
no time is fixed by the law, or can !>e fix- d
tor the deliber ition required, to constitute
the crime of murder.
To deliberate is to reflect, with a view to
make a choice ; and if it appeared the par
ty did reflect, tho’ bin for a minute before
he acted, it is unquestionably a sufficient
deliberation, within the meaning of the act
of assembly.
I lie last requisite to cons-itu? murder in
the first degree, is that the killing must be
To pr -meditate is to think of p. matt-r
before hind—t is to conceive of a thing,
before it is ex cued. The word fire medi
tated would seem to itnpl), s jmetlurg more
than deliberate, and may mean, that the
party hud net only delib-ra’cd, bn had fram
ed in his mind t e /dan of destruction.
We therefore say o yon, »• nti men. and
we say it, confidently, th:,t it Is equ dy
true, both in fact, an 1 from exp ri n: , th.'t
no time is to shoon for a \vi ked m »n, t -
frame in his mind, a scheme of murder, md
to contrive the nrvans of accomplishing >t
Gentlemen, It is well known, t. p.t cer- !
tain acts will so far justify a man, tin Ills
kill ng an >ther will not be murder. There
are also other acts, that are not a sufficic. :
provoc ition to justify killing a person.
For example, the d* in :r.d of a debt is not
a provocation to justify ki ling, I; is there
f »re murder to k il a man, in the act of
asking tli? payment of a debt.
Further, gentlemen, it is a principle of
law, th it no breach -if i m in’s word or.pro
inis--—no tr:sp :sseti;c to 1 .nds or go tls_
n > ff ont by word ar g sture, will excu e a
P *s -n from the ,.rhn ■ f murder, if he br
c s a.; f r transpose , as to kill the p r
son who hen off nds hi n.
a, p.y tnn to tn i.ic*» uel r* you. S ;p
p >se then tlie holism wis m act Smith’s,
and that Cars n, on going there on S :te -
day to demand the possession of his f mily,
w»s a tre passer; it i3 the opinion of th.
court, that Smith's killing him, under these
circumstances, in the very act of malting
such peaceable demand, is in every princi
ple of law, murder in tiie first degree.
To recapitulate all the testimony th •» ha9
been 1 ;id before y u, would be an endless
task, and I add an useless task ; because
on this trial, as on all others, a great deal
of evidence lias been given, that hi3 no
more bearing on the merits of the case, th n
one of/Csop’s Fables, or a chapter from
Don Quixote. Evidence of this dev ripiinii,
it is not our pracJ ,c to take down in writ
The matcrld facts in this cause stem to
be those. On the 2;)‘h of J mu r y last, at
about 11 o'clock at n'ght, th prisoner in
the l.sr, shot Jolin Carson through the
head, of which wound lie died on the 4di
of the next month. That on NVedres lay
the ITth ot J >nu ;ry, the pritoner an 1 the
deceased dmed together, at the h >use of
John Carson, the corner of Second and
Dock street—';n this occasion John Carso i
got into a rag-', at seeing the prisoner as
sume the direction of lus children and Ins
servants, and seizing a kn.fr, m de no at
tempt to strike him, the prisoner Ini 1 ho! 1
of his arm, on which thederc *.sed with the
other arm, took another knife—Mrs. ('ar
son attempted to hold her Ims'jand, hut
breaking loose, h? r n down s’ iirs, with two
kmves in h . bands, in put suit of Smith, who
had gone oft wihhout his hat. Upon M s.
Carson telling her husband, if he wanted to
commit murder, to murder h r, he ex
claimed, Murder—Yes' The evtni. g of
tin* very day, the pri .oner was seen in t e
kitchen with •- pair of p sto s, one of wh rh
was load'd, that he then declared •* thnt
it Carton entered the door, to l:y hart da on
him, he vjould certainly ahoot himIn con
wrqnenee of this violence of John C.traon,
ne was oi* tLp op; lication ©« tlie pris >©«r <
bound over the next day to keep the
The next interview between the prisoner
and the deceased vas on Saturday even
ing, which terminated the mental career of.
John Carson, in the manner you have heard.
On this fital evening, Carson came to
his house between 7 and 8 o’clock, when
Mrs. Carson and Smith both left it. Car
son then sent for Thomas Baker and Jane
Baker, the parents of Mrs. C rson, who
*bout 10 o’clock, went to the house. On
coming ther-, they found Carson in the
china store—lie, and they v/ent up stairs
into the parlour. Between 10 and 11 that
evening, Thomas Abbot went home, and
being informed that Mr. and Mrs. Baker
who lived under his rcof, had gone to Mrs.
Carson’s, he determined to follow them,
there. When lie got scar the house, he
saw Mrs. Carson, and went wi h her into
the office <-f Jonathan B. Smith, in the
i eighbourhood of Carson’s house. The
prisoner came in soon after, and ask d
Jonathan Smith to give him the pistol, which
was refused.—Mrs. Carson, then said, let
us go—you know cohere there is one. The
prisoner, swore if Carson attemfited to
touch 'uni he so.u L kill him. The prisoner,
Mrs. Carstn, and Thomas Abb t, left the
office of J. B. Smith together, and coming
to the house of Carson, Abbot staid beiow,
and Mrs. Carson and the prisoner went up
stairs. In about a minute Abbot fallowed
them up stairs, and passing, the prisoner
standing in the entry, with his right hand
upon his breast, under his surtout-coat, and
his left hand also on lm breast; he went
Into the parlour, where he found Captain
Carson, Mrs. Carson, Thomas Raker, and
Jane Baker. Abbot had not been in the room
more than half a minute, when the prison
er crime in, and stood near the door, in the
same attitude in which he appeared in the
entry : Mat is, li ■ had h s right hand under
his surtnat, hutto ed on top and bottom,
and his left baud on his breast, over his
right hand. Capt. Carson then got up, and
told the prison r lie had com * to take
peaces' le posscssi n of his house, that u
of the lions ■ he must go. The p> i oner
then said, very well, and turning to Mrs.
' oimu o/iutt x wiiu rcpr Tt
No, stay. The prisoner then we. t to
the north east corner and Carson fol
lowing him, told him again, and repeated i
over two or three times, he must leave the
house—my hands are tied—I have no w i
p-ui—?.t this time, he held his hand*
down by his side, open—that Carson had
nothing in his hands. Upon this Smu.li
drew a pistol from under his surtout coat,
and shot Carson in the mouth, and throwing
the pistol on the floor ran down stairs as
fast as he could, that Captain Baker p i -
sued him, heard him tumble among h»*
china, and overtook him, on the step of he
front door. Smith the prisoner when con
veyed to gaol, had his nose injured a-d
bloody. The deceased declared in his last
illness, that the prisoner had come iti like a
midnight a massin and had shot him. like a
coward. It was farther in er deuce, that
Smith mig t have left the corner in the
parlour without running against any body.
From this evidence the question present
ed to you, i5, of w int crime is the prisoner
Murder in the first degree, is the wilful,
deliberate and premedi utrd killing anoth
cr. There are various inferior k nds «>f
homicide, llut on the present ndicto ent,
our attention is confined to the considerati
on of the highest and most aggravated des
cription of the crime.
Then let us r.sk—did the prisoner wil
fully kill John Carson f
It '9 not pretended, there was any acci
dent in the ca^e. The killing, therefore,
was wilful, an on purpose.
Was it deliberate and premeditate d ? or
w is it the rffe t of a sudden ptssion, pro
duced by a reasonable provoc.tion >
There is no evidence to shew, a sudden
p srion, or that the prisoner had, that e
vening. iccr ved my provocition from the
Yc • sed. All the witnesses, who were
v>rts* id, agree, that Carson did not touch
i r lay the weight of Ins finger upon
■ killing, therefore, was nor the ef
f'• M'd.Jcn pass! n—But was it deliber
e. e > en ? i*o.>k at the prisoner
rh. entry, with ihe pistol bnri
rt it ; see liirn tmenng the
in '. t s»me attitude taking his
‘ ^ d. • ' * pis’ol, and coolly d’.s
h rgmg i i- u'h of Cars n—and
sk your sc. v v .i i was not a most
deli!; rate ac; ?
W is the ki t . ' .,*» a; !? On We l
lies i y night Ik- ’ ■ •• i. . , •> <*!" wi h
pistols, and d .•!• . if • w C ,*m
tercel t!ie door, o lay h.r, ,n h o. he
would certainly sh .. On /.I •
eveninp- 1.mad#* s# . 11 r t J .. :
He did not, however, wait, h C
touched him, hut shot h m. without «.*r iv
r>S; from him the least fiersonat injury, or
even threat.
In the language of Ch af Justice M
Kean, we add, that wh;-rc a in n, wi hoot
uttering a word, strikes anotht r on the
he d with an axe, It is an act of /irtmedi
tated violence.
What is the language of the court in th
case of the commonwealth v. O’Marra ?_
If the prisoner hav.; (ime t > think and did
intend to kill for a minute, it is wilful, deli
hernte and firemeditatrd killing, as w-lba.s
d he had intended to kill, for an hour or a
With respect to the conduct of Corson
at his own house on Wednesday, in draw
ing a knfe on Smith, it was altogether un
justifiable. Whit would have "been the
cons queric-, if ho had killed him, we are
not now calif d upon to d cirle. This we
will siy, that two wrongs cannot make a
right—that Car on’ri violence on Wednes
day, can never justify Smith, in deliberate
ly killing Carson on the Saturday follow
Who is there rmong us, that will justify
ass sflinat'on f No body, I trust. But it
w.ll b: fjuite as easy, to justify assassinati
on on ill principle of revenge, as the con
duct of the prisoner, in deliberately shoot
hg Carson through the head, three days
after Carson had injured him.
Much has been said of the pHncip’r of
self defence, as applied to t e prisoner,but
with what propriety we nr- at a loss to
discover. Why laid hands on him * who
att eked him ? wi*., threatened him * who
touched him *
Hz went voluntarily intoihe room, chose
I' > t * o ■ , and fired when he pleaded. Mr
whs n >t dragg d into the room, and there
detained contrary to his will. On the con
i'- ■ iy, he only was ?.rrn-d, and under res
t ’*i«*t from no person.
It has been said by cn« of Uif witnesses.
bat the pistols w«re procured for self de
fence. It this was ready the case, it is much
be lamented, they were employed for a
most mischievous and deadiv purpose.
I lie dymg declarations of John Carson
are of weight in this cause, who averred,
when he lost all hopes of living, that the
prisoner had come, like an assassin, and
shot him like a coward. 'This description
of the offence of the prisoner, accords very
mnch with the representation of it g.ven
by the witnesses.
*1 lie fi ght of the prisoner, is always, in
the eye of the law, evidence of guilt. Smith
had no sooner discharged the fatal instru
ment, than it was tlashe l on the H 'or, and
he fled from the room, with the utmost
speed. His fall among the china, the diffi
ul’y of getting through the s'reet door,
wh chopened inwardly, and his stumbling
at the front door, were the providential
circumstances that prevented his escape.
The man who has committed no crime,
in g-ner »1 faces his accusers, and boldly
maintains his innocence.
On the other hand, the guilty creature,
who knows he h is exposed himself to the
just vengeance of the law, is uniformly
seen to endeavour to avoid, by flight, that
punishment, which he is conscious he has
meritad, at every earthly tribunal.
A go al deal h.ts been said of the history
of captain Carson’s life an l character_
Alas! gentlemen, it is the melancholy his
t ry of his death, you are called upon to
hear and to decide. lie had settled h s
differences with his wife on Friday; and,
anxi us for a re union, had formed a plan
of gett ng possession of his house on Sa
turday, the next day. He very naturally,
therefore, sends for his wife’s nearest con
nections, to b~ witnesses of his ordering the
prisoner to quit his house. It is plain, they
were not sent for to assist him to take pos
session by foice, because they came with
out arms, and no force was us rd. Bat
whatever w is his motive, it was so order
ed by Providence, that it was an invitation
to his death and funeral.
It is tru**, gentlemen, Smith did go on
S turday n’glu, to look for a magistrate,
tO turn . rtnn nnf ne liA ...1
Be ng 'isappointed, be resolv. il to take the
law into his wn hands, anti deliberately
pr cur ng a pi t 1, went forward into the
room. wit. re he knew Carson was, and
r.nolh d sc a g 1 ts contents into his head.
. c is i rt i ly flue to the prisoner
in the ha< —nobody doubts it.
But is justice du to Richard Smith only ?
Is no ju t c du - to the public—Is no jus
tne du to society? Is the life fa man of
no value ? Is no atonement to lie made to
offended 1 \v, for the sh*d*ing of innocent
Dlno ? Judge for yourselves, gentleintn.
Punishment is nottliK province of .* court
and jury. Our rulers, the legislature of
our country, hav- established a penal code,
assigning to each crime, its proper punish
ntei t. Upon this point, we have no right
to ea on—acquiescence is our duty.
I will nowever observe gentle r.en, that
thr practice of all nations civilized anti bar
barous accords with the voice of religion,
which is the voice of God ; who so shed
detu man s !>lo >that is, deliber itrly sheds
it, by mm shall his hlood be shed.
What is the case before you in substance,
and in a tew words ? It Is this_
I e prisoner having by colour and forms
of! ws acquired unlawful possession of the
bouse of Cannon, of his goods and chattels,
'if his wife and children, deliberately shot
him, tfterwards. in his own house, in the
very art of peacably demanding restitution
of 11 that was dear to him.
It is a fine reflection of C. Ju tic.e Hale .
“ Let me remember,” savs that great and
goad man, ” when I find myself inclined
to pity a criminal, that there is also a pity
due to the pe» j*!e and to the country/’
The court have done their duty-—it re
ma-os with you to do your du«y.
Remember, gentlemen, the vows of God
are upon you, to decide according to law
and to evidence.
We have st .te I both the tew 8c the facts,
and leave you to judge for yourselves—you
have a right to determine both.
II >•11 believe the wisness-s, who were
present, and saw the crime committed; it is
your duty to convict the pr.s mer of mur
der in the first degree—but if von do not
be!.eve the witnesses, it is your d'uty to ac
quit him.
rr ‘ju num ,
U-AJ INO arirain.ftterwl on the estate of the lat
Roct. Jam * Gr' onliow, ! request all those
Who have claims against the r • ‘.ste, to present them
t> Mr James C. Anthony immediately, that ar
rixements may b-made to liquidate them—All
i >os Indebud, will be pleased to pay their respect
• ■ e bate ;c s forthwith, as t!ie situation ot the cat .te
v I of pcr.nitofindulqcnc". Mr. Anthony isfnl
, and the only perjon, antfioris-d to prant no>iMt*
ul«- L.UGY R. GitEENHOW.
y ay Ph_3-W
: -< piif Jii . ce ot a J Tree of the Rtipe
.4 rior Court of Chancery, (and with the content of nil die
pWlwtiot. restoJ there n) will be »«•!»!, nt public auction,on
.1 credit I,, one. two and three years, equal annual pat
mem., t 'I trai l, or pared, ofi. 1 Ni», (buloiiging to the et
tute uf tin Lit John \t JLv.jr.d-c.; containing tfj'Ji -\.4
acres, long u, the counties m Lincoln and Madison, in the
state ol Kentucky, being part of a survey of 30,000 acrn.
{Kite*At • HI tilt* IlSlJIfor.lolm Ict'KlS,
One tract or parcel of laud, on the waters ofC.oosc creek
a branili n the totttii fori: of Kentucky, containing 3000 u
crc*,lieing lot No. to. •
One other tract, lot No.twenty, containing, 3000 acres iv.
Mg 'r.i Goo** creek. 1 1 J
, Otve otlier trart, lot No. twelve,containing 100-3 nerd, on
fridge that dm.let the ssatersof Ilichlai»d, from Ooote
One Other tract, lot No. 1. containing 403 1-C ntres on the
bead of Lick Fork,on Hirlifand creek.
One other tract, lot No, tv, containing two hundinlaml
tw lvi ncm,iin licretie*
pother,™,to, No. a, containing 133 arret on Rich
Ot«. otiitw tract, lot No. 0, containing 440 tyre., on the
waters of Hichlnnd.
One other tract, lot No. 14, containing 100.3 acres on the
waters of Richland nnd Collins’s F- rk. ’
four hundred and sit am! a qunrt.T acres, |y„:e on both
snles of Oontccreek. ’ 3 ™
dial one other tract, lot No. sixteen, containing two
thousandncret, lying nn both sides of Collin*'* Fork.
..' he title papers to the aforerak] land, may b *Vn owap
PV-V'-n 1° Mr.James H. Lynsh, nurtoru **r. with wltom tie-v
will be lodged,for tlint purpose, previous tathe d ;y of sale,
Ulnch mil take place at the llell-l avern, in the city of Hit h
mon-l, on 1 iicsdnv. tL- mh day of Jnn*- next.
if'•not—Ronds with nportm-d sect rtty to carry in'erest
'r'ei. tV flay of sal*, the mt'ttit to lx- remitted if ike prin
cipal it punctually paid. 1
n.W.LffK:ff, 1T .
j As. o. wiLim ( Tr't *-s
-lor.L MAMMON, r„ * ,
,, , J HOk.JONF, ' J Com’rt.
VTOTICK is hereby giv<*n, that nt the
i N next August lour! of Hanover County,nt the Court
Mourn ther of,I shall soil at ;.nhl ; miction, for cash, so
much of nil the Ijn Js atari ixitt in anid County returned del
liiiqueiit for the twit-payment of the taxet from the year 17» t
until the tircw nt time, as will he mfflcu-nt to discharge the
arrears *r taxes whichshall tlsen remain nnprid, tor thee
JP".. per remum domare. thereon, together with
thr snxet of the present year. I he sales will commence on
t o Hr-t dav of the Ctrnr*, and continue from day to day nt.til
tb»7 shall lx* completed. I be wbteribi-r is authors,* d to r» -
sTT •2L,?2! U!Y'’ ?",!* «t any firm before the
land shall he mid. A It* of dtlinquciicie, m it be sen in
the Clerk . OtHco of th • C.Hinty, in potsrssion of the sole
aertbi r, or tn the Office of tt-r Auditor f public 4CCo»mfs.
JOHN HlAHK.b.S. JbrJOM.'i KTI.LY,K, It <•
*• 8-w8«>* i

WISHES to sell his Plnntaticn in the
T y county of Powhatan, lying on the wn-.-r* of Jonm't
C.t->ck. uo-l Ummlctl by th.- lands of 0*1. Win. Bentley.
John (toodc, jr. ami others. It is distant about 30 nil..
Iroin Richmond, 4 frointlic court-lioutc, ami 3 1-2 from James
Richmond. It lies immediately in the neighborhood of seve
ral innunfhetuniig mills.and near the Pom/attan Ctal Pint
which ullortlt a good market, for gram. (ire. The tract,bv
u late stirri y, contains 72J acres, nuich the (greater prooor
torn ol which is in woods, which is heavily ti.nlicred, -toil eon
sid. rsxl hr .t rule Tobacco Land. The creek running thro*
it,makes about 60 acres of meadow Innd.which, with a small
espenre. w.mlil produce ai.umlani-c of liav. The improve
ments nu th<- lam), consist of a com for £ ole dwelling -house
smoke-house, burn, stable ami icr-ltouse.
Any persons wishing to s-ie.v the lands, can attuivtiroe
b.- shewn the sana-,hy Col. Win. Bentley or Mr. John shad,
and the t- niu nutile known by applit ntion lothe subscribe r*
living m Rn-h.-nuak JOHN T. I'LKASAN | S. ‘
‘^■>■‘1 |W-|/
MY virtue of a Decree of the Superior
A (ourt ot Chancery for the Richmond District pro
nounced at the last term thereof, in a suit therein t>< mfmr
lx- tit tlx*tie* nee* of William Dnmlridgc. dec'll. Plaintiffs
a" 1>»'‘<I Ihirringtonami Susan his wileand other*, iJrftn
tuiiitt, the subscribers will expose to sale, ut public auction
at the auction store of Heron, Simon he Co. in the said Cit*
O" Wtniicsdav, the lyd* day of June next, if fair, or the
I rst t.uf dty thereafter, the s v.-ral part, of the Estate in
the enmity nl H.nrico, called H lSDSOIt, desigimtid inthe
pint th- reaf, according to which it was lately so’d, and
w inch is ut record in the said suit by the mmiliers 1. 3. 4 ?
8, 10,1 J. 12, 13, 11 ami 16. ’ ’ ,,,7<
A cn.lit during the life of Mr*. Ihjrrington will he given
lor one-third of the purchase money, provided she live*
lunger than five years from the 1st September Inst ; X
V"’" ;! bH™,! ,,,u' lh,» **>«• nve years from the mid
1st ot September ; of five stars from the said 1st ofScnt
last tur Kvv-Sisths of the residue, and the remaining one-’
sixth thenx.no he paid on the 1st day of Sept. next. 8
Interest will be requires! on the whole amount of the nrr
chase money, payable semi-annually, until the . xpiration of
the credit, upon the 1st of September and die 1st of March
in each vents I he purchaser will also lie requires! to liav
in ready money, one full year's interest, in the same tm,n-'
P^Ta* 11 po»««won had been given him on the 1st of Sept.
Bond nr.d security. as also a deed of trust on die property,
will bo required ut im* purchasers. ^
tfifluim *lTars/:cift,~\ Com*
Thomat Taylor, [• mission
Jf Milan Hat/, jr. 3 er*
-V’r'1 ‘ill—tds
spuisra goods.
\\rUaT.TAM GIIaLlAT lias just rccciv'
V V ttl, by tin: ship Clifton, and other hit. arrirals from
Iginuon, the following avortius ut of goods, which lie utters
for sale ...i rt-.miiiaWetei n*. at Id. stun,.,., thesim r leading
from (It. hartners’ Rank totsho. - nr -house, *,/ - *
3 cases extra super. London cloth.mety n.sorted
2 tin. do. ilo. do. cassu.
2 liales 2d quality ,
2 do. do. superfine
1 trunk testings
4 t!'i. eamb.-ie muslins ,
1 do. poM and jucouett do. ,
do. jutill do.
4 do. siljier. eallirsM'S
i no. rurii!.)«m t'.o, ....
1 du. light ,„m U |s
2 dll. fill*.- piiK'iit shirtings,
2 do. low-prii sl do. 3 do. cotton hosiery
3 IH). haUrih,:. ij, i do. Madras* handkcrchicft
- tin. 4-1 Irish linen
1 do, 7-8 do. ilu,
4 do. best I.onilmi gilt pin,
4 Oo. common do,
2 do. Indies' C.shionuble lauulnn made shoes, Ste,
* ™* fdored ami potent burt n»id.is ns, UMorted
l do. black eambues, plain ami tuilhsl
1 do. ti*^
to kr-g, of English Idack paint, of superior quality
to do. do. brown do. do.
6 pair ship-screws, assorted sixes.
yII.SO~.lust Received, fur the Alary &
A ranees, direct from Madeira,
IS cubs London Particular Madeira wine, superior qualify
4 do. Serriai or Madeira Husk do "dr. ^
4 <h. Malms ley & &
- A,m> _117—tf
Land near Richmond, For Sale.
I AM «l sir* us i f selling, by private cor>
W. tract, my rr.ht to property or. hoiii sides of themet
i?/7vrj Cr.nal^ihetamt* n uicli I claim by virtue of comraefc
T’ lh *Tfc Cr'\: Jchn Harvic. dcr'tl. some time before' hh
i rf«*! Iarotise of this desire, at present, is U> inn
n!> a debt which I owe to Noil M'Cmitl, Ltr. (ihe amount
not ascertained,) secured on tluil property, l shall prefer t„
si II an iiiMlividtsI iiion ty. If a private bargain shall not b<>
r "public sale stall I. alteuipted. lire
not ore of my tight, with a description of several claims •»
gainst the estate of tin jd ! Itanric, for n considci ablequrinli
*'££•b^hsle l^-,,ni',->.«cr4n..ya,,,,.M„..i.,:,ti„,i
rrn.’ . or r L C ,U "> .r-prtseaiativt* in the Superior .
C ourt of Chancery, requiring a perfect title to the above
~axJp.opr.ny, and a compensation for the Western *
Lai.ds. Copi*** of ench o! these hi||«, wirli the iWimu*m*
"S?52 fil Tr 'l!-“*M.erctu‘>‘>'' bcjrec-Uout'.
s.j£J.«r*r”li °rt|ll.f).SC *” *' 11 ** •‘knitted that the represrn.
tames of C.olonel llime will I*- < until.1 u> n>, mimnii . ,
e large of 2C0/. a year on the property o.T.rii! for sale ...
won as I am vested with such title and possession as the
‘Y* |,l,hon7r*' iTI,P renl charh'< wa» originally 300'. a
yw, and wmreduced to 200/.year b) snGseq„.mt con
rlT.hc'w^W "rM ’’■> u'*ir>>» against tbeVstata
thttrge " e,,Pr» Laml.s are ol more value than tin: rvut
■I improvement son the above l and, the anon.
»l rtirts or wlm h have been estimated at 1270 dels.—the here
efltsnf ss.iiclr.wiih the use ami profits of the whole land, m
chiding several rpiarric. arc now enjoyed by Col. Harvard
reprewmauves Cor which I am ontitl.il to credit.
Ail farther particulars may he known by an examination
of the documents referred to, or on applicr.tien tu
„ II&jYitY Ji.LYKS.
J/fly8- 117-tf
T'tHF. SI: BSCRIBEK intent!* to put to the pres*
hs 30on »s a sum sufficient to print the work
shall he rtl scribetl, a Tr atisc on Close Commmi.
on, by . Uralxam Booth, late a Ih.pthf preacher of ,
ercat eminence in England, i„ wi.icl, the arguments /
".the Iwjiti ts for their practice thisp, i,,t, Sr* I
(airly stated,and the arguments or those who con- ’
tent] against their practice examined and answered.
I ersons or churches w idling to encourage this work,
will plcnse for war I to the suhscribdr, their names,
place* of resilience, ard the t,umber of bonks they
Will take, and they shall he fumislt d at prime
cost, winch the subscriber does net think will fev
ceed twenty or tw-nty.fire cents a copy, j\sit is
not the wish or intention of the snbserib. r to bene
fr* himself one cent by the publicatinn of this'work,
to neither is it his wish to los r of course the work
wrlln.c lie pi mfetl, until n sufficient nu olier of rev
pon il.lc subscnlter* shall have tent in their t ames,
to defray the printing expences, which, the sub
scriber flatters him'e’f. wifi fc on Ire the cas~, and o
which fact the subscribers sh ill be duly snor’isod
If chn-xmi!, Mny 15. 2-wtf
VMTT/i T"’
1V[tYShy !irtuo ' f a D«*c,l '’i Trust rreroted by
" iliwm Short to ihe s il»c: iher, to secure the
pay.rent of •» certain debt therein mentioned, as
i.ne to I oily Ory, hy him, nod which en d Deed
*“ duly acknowledged in Chesterfield, at October
,n nl V y0: ’,'!d ,t“‘re r”«oi-ded; I shall, on Wed
nesday , the Iftl. day of the present month, pro
ered «,>on the premises, to sell, in the enanty (A
Chesterfield, for ready money, to the highest bid
der, at pilule auction, so much of the residue ofl08
acres of a I ract of I .and, lying in the county a
lorevod, ns maybe sulTieient to pay and satisfy the
residue ot the money, remaining duo upon the said
1 rust, afier deducting from the said debt, &777
and irom the said Tract 71 acres, heretofore sold to
Edward C. Mayo, towards satisfaction of said debt.
I be above Tract is the same which w<u sob! and
conveyed to the ssid Win. Short Vy Henry Ran
dolph, as per Deed, bearing date the Htfs day of I> -
oe'nher, 1794. J
Rank Note*, as made correct br Chesterfield
in pursuance to ar, Act of Assembly,
in sue). r*se made a-.d prowl, d. will be received,
—‘ ' '* I owl * t w* ft
I* V virtue Ot a deed of»-„s, executed on the 24th I
tfr,"f N,’^'n,,MT' **»2, »*7 James Walker, „r ■
Wbfmarle county, will h- told, the bight st bM ■
der, or- sash, ar .1 ames T. Cocke’s mill, on leea- ft
th^YlT ?SU>fcwt (if '—.'"I'd the next fair day, p
the following property, vis. two negro women, one ■
xrr Lra*re*»Mm ■
tr"t- 1 he above prf.|K-i-y w,|| bevold hr ■
"* TfHatee^ or on- of them, for the pore-se of ■
Mtivfrmgabslaneedorfthe late William H0Urt*«i i
ol /vdremarle, irom the said Walker. ft
June *• 8-w3w |
^ J CELLAR, ft
E, Mn^ atnrt3, next ft
V, ‘k'.'r lx l-;w M. ar.. rdxwhj l!0nn and Putter. ft
rmpu.yed ur ttK-boitli.^Sr^w i„ pw;nll hi,vir.« ft
„ V\ ’"I’!’1'- ot f’biladHhhia, New-York ■
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