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Its proven that, he went to sleep, and was found in that condition, of mental oblivion, by Mr Robertson, whose Room was just above that of the prosecutrix. And the first intimation she had of his presence was his snoring - or the snoring of some body. Consider the character of the felony-charged. That he entered, with intent to ravish, that is carnally to know. the prosecutrix, by force & against her consent; And made no effort whatever, but on the contrary went to sleep
 
She was the cook, and in the daily association of the accused & not as so right. to make it appear, by Genl. attorney; that any of the jury might hear his daughters Room invaded by a "big buck Negro" &c. No doubt the appeal had the desired effect. to prejudice the jury; so much as to make them consider it; (as I was informed by one or two of them,) the propriety of a verdict of death. for the accused, & confinement in the penitentiary. for his counsel. We ask for a candid impartial & unprejudiced. consideration of this application, of the Law to the evidence and nothing more - remembering that to constitute the offence charged. there must be a breaking & entering with intent to commit a Rape - if for any other purpose, he ought to be acquitted.

Very Respectfully Thos. V. Hill 
atto for Prisoner

Transcription Notes:
Reopened for Editing 2024-05-09 19:20:55