The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1874-01-26

evidence aud failed TO discover any It had
not been long since an eminent divine in
| this city arraigned this whole community
from his pulpit for an Rct OF this kind Not
one Of the jury knows who asked for. that
meeting, and there is not a young man In
this city, who, being asked for a meeting,
would not run the risk OF forty duels rather
than decline 1t, and In The case Of fair duel
1t should not be considered murder.
Judge Crump next cited number OF
cases Of fduelling, of which the fact OF the
duel was proven, to show that a fairly fought
duel could not be considered murder. In
the last-named case the jury rendered YER
dict of acqnittal.
saying that at last 1t was for the jury to de
and pathos, either on the one side or the
other, could not influence them; and after a
touching appeal on behalf Of the prisoner
he took his seat.
ARGUMENT CONCLUDED. ;.
Judge Crump concluded his argument OF
6 O'clock. He was followed by Mr.. Wise,
who closed the case. Mr.. Wise answered
Judge Crump's argument-frst, with refer
ence to the statute; secondly, with regard
to public sentiment; and, thirdly, with re.
gard to the statement that there was no law
in Virginia against duelliug.
MIR. Wise said that if he were to under.
take to answer all the argument of the coun.
sci on the other side it would take him until
sunrise. on Sunday. He concluded bis re.
marks at i've minutes after by saying that
| there was reasonable doubt in the minds
| OF the jury he hoped to God they would
give the prisoner the benefit of it; but il
duty.
The jury retired in few minutes to the
Jury-room, Where they remained until nearly
half-past Z, when they returned to the court.
room and asked the Judge, through the
foreman, whether they must find a Verdict snt
of guilty of murder in the first degree. or
acquittal, or whether they would be allowed
| TO bring in q verdict for any other degree
The Court said to the jury that they might
again retire, and that he would prepare
statement in the nature of instructions, By
which they could be guided.
INSTRUCTIONS TO THE JURY.
After q short delay the jury was returned
| to the courtroom, and the instructions pre-
pared by Judge Guigon were handed to tht
counsel for defence for their approval.
Judge Ould proposed to address the Court
when the Court interrupted himand said h'
did not desire to hear any argument on thu
| subject.
Judge Ould: We only desire to say thai
your Honor has probably Inexperienced
the inquiry of the jury.
The Court: think not.
The Court having read the instructions
the clerk (Mr. Andrew Jinkins). by direc.
ton of Judge Guigon, read the usual charge
to the jury, which has already been pub
lished in the Dispatch.
At $50 the jury again retired.
INVOLUNTARY SLAUGHTER.
at five minutes to the jury returned tt
the courtroom.
The clerk called the jury, and after doing
so, in clear and audible voice said !: Gen
tlemen of the jury, have you agreed upon
verdict"
MIR. Dibrell replied in the affirmative, ant
| the verdict was read, as follows:
"We, the jury, find the prisoner guilty 0
| involuntary manslaughter, and assess his tin'
at $780,"
| After the announcement of the verdict th'
| Jury was discharged, but the very large
crowd in attendance remained in the court
room. -
at 9:25 Mr.. Page asked a suspension 0
the Judgment Of the court until Monday
which was granted.
IIr. Page then moved to set aside the YER
dict which motion was entered.
The accused was then baled in the sun
of s 900, and the court, at half-past 8, ad
journed until Monday morning.
The clause Of the Instructions undel
which the jury found verdict is as follows
"Iuyoluntary manslaughter is when
killing occurs in the performance of som'
unlawful act done heedlessly and incau
tiously; or, of some lawful act unlawful!
and improperly performed