The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1875-11-11
impugn Colonel Mayo's honesty that be,
would kill himself. ~ ~ IA, !. ,ifss.ss l3s-..

jimpugn Colonel Mayo's honesty that be
would kill himself. 81 z s II 5ss ~.
| coLcEEL ". W. GORDON,
one of Colonel Mayo's former counsel. pext
testified that be; had known Cofouef Hayo
since l84S. He then explained bow be had
come to be witness. The first tifee that
his attention had been called to Colonel
Mayo's condition was IN January, 1874.
About that time Mejor Page asked witness
what he thought of his condition. MoIor
Page also told him that be thought be. oughs
to take charge of Colonel Mayo as bis friend
and relative, and take the proper steps to In
form his friends of his condition. He went
TO Colonel Mayo's house, and the result of
that visit satisfied hirB that his mind had
almost gone, and that Major Page bad rather
estimated Colonel Msyo's condition.
he next gave an account Of the embar.
rassed position in which he was placed when
lit became necessary to tell Colonel Mayo's
wife Of his situation. He also described the
dull lethargy which seemed to have seized
him. BE looked upon bis mind as almost
totally destroyed. Major Page had given the
witness his views OF the case, and had re-
ferred to the hereditary insanity of his fam
| lily. The witness was Thoroughly aware of
this matter, and concluded that 1t; was the
FIRST evidence OF the breaking gpof his mind.
When he noticed this condition of affairs t
was before the Coleman trial.
Since Colonel Mayo's return 10 Richmond
from the asylum the witness bad told his asso.
ciate counsel that he would not act as counsel
In the case If the law was not what it Is as to
who shall decide the question Of bis sanity.
He said that the dullness of Colonel Mayo's
apprehension for half an hour at time !;
bis difficulty in expressing himself, the diff
Guilty he had In keeping bis mind on any one
subject. all went to show that his mind was
unbalanced. So far SO the witness could see,
Colonel Mayo had shown the most unac.
countable Indifference about the circum.
stances surrounding this prosecution. he
seemed to have but one fears and that was
of lunacy and of going to the lunatic asy-
lum.
Colonel Gordon next gave an account of
an interview which took plaesat his room
on Monday night last, when Colonel Mayo
became very much excited because Colonel
Mayofs father and Colonel Gordon both said,
in reply to statement from, Colonel Mayo,
that he could not be allowed to testify 10 bis
own behalf when his case came up. Colonel
Mayo and bis father had called upon Colonel
Gordon, and while there this conversation
came up, Mr. Mayo remarking that he be-
ieved that his son would be tried under q
recent act Of Assembly which. permitted the
accused to testify in his own behalf. His
father told him of course heewould not be al-
lowed to testify, and so did Colonel Gordon,
whereat Colonel Mayo jumred up, very e3
eitedly, pulled his knife out OF his pocket
and walked up and down the floor several
times, and then went out.
DR.. cABELL's tgstD, CHANGED.
DR.. r. G. Cabell, Jr., was recalled and,
asked by Mr.. Cabell whether the evidence
that be had heard since. ee.his.examnation had
changed his opinion as, to. the condition of
Colonel Mayo.
DR.. Cabell replied that bis opinion had
been changed; that he-noW thought Colonel
Mayo an insane maa with brief lucid inter-
vals; but, taking a'i things into considera.
ton, he could not say what was Colonel
Mayo's condition at the tbrne the alleged Of
fence was committed. but from the evidence
Of Colonel Gordon and Major Page he
thought he was insane then. He thought,
however, that the testimony of Cof1nel GoH-
don, Mr.. Wise, General johnson, and Gea-
eral Rogers coz fjcted.
DR.. JoYNEs AGREES WITH DR.. sARELL..
DR.. Joynes was recalled, and asked by DIR.
Cabell what he thought was the mental
condition of Colonel Mayo at this time, in
view of all she evidenee he had heard. DR..
Joynes replied that he felt bound 70 say that
be could not pronounce Colonel Mayo sane
man to-day taking all the evidence be bad
heard, especially that Of Colonel Gordon and
Major Page. He wanted the jury distinctly
TO understand. however, that what he had
said before was said without the evidence
that had been brought out to-day.
TEE CASE NOT ARGUED Z.
At this point Mr.. Walker said to the court
that the counsel were willing that the jury
should take the case, without argument, on
| both issues.
| It was now twenty minutes to 7 O'Clock
Judge Guigon gave the foreman of the jury
the following issues, and the jury retired
"First Issue: Is Joseph Mayo, Jr., now
sane or insane? If you find him sane you
will say so, and that will end your inquiry
But
"Second Issue: If you find him insane
now, you will then inquire and ascertain
| whether he was sane or insane at the time o
the alleged offence, January %, 1874"
| At 7 O'Clock they returned to the court
room.
| THE VERDICT.
Mr.. Lawtou, clerk: Have you agreed upon
a verdict, gentlemen?
Mr.. Spencer (risipg): Yes, sir.
The verdict was handed to the clerk, who
read it as follows:
"We, the jury, find that Joseph Mayo, Jr.
| is now of unsound mind, and was insane or
the 2sth day of January. 1874, at the time o
the alleged offence against the Common
wealth Of Virginia"
| UNDER BONDS.
Judge Guigon said that under the statute
he would of course dismiss the criminal
charges against Colonel Mayo, but that he
also had another duty to perform.
Judge Crump called the attention Of the
court to the law. He said that there was
not the slightest difficulty in the way Of dis
charging Colonel Mayo that there was nc
reason to fear violence, and he hoped that
he would be allowed to go.
The Court said that he would not return
Colonel Mayo to the Western Lunatic Asy'
lum. even if he Committed him at all, bui
that there bad been evidence to show thai
there might be violence. He also stated thai
there was another statute which could meet
the case.
Major Page said that he understood tne
matter, and that Colonel Mayo's friends could
| have general charge of him.
Judge Crump urged the importance OF
relieving Colonel Mayo entirely from oil re
strainr.
Judge Guigon said that he did not feel at
liberty to discharge Colonel Mayo fully. Ht
would put him under bonds in the sum OF
81 900. The bond was then prepared, viii
Colonel W. W. Gordon, Major Leigh 4
Page, and Judge W. W. Crump as security
and the court adjourned, Colonel Mayo leaV
ing with his friends.
Colonel Mayo will be in charge Of hi!