The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1875-12-15
MACDoUGAL ACQUITTEI
yudge Guigon's Instructions.
TIE ELECTION CASE DISPOSED OF IN THE
HUsTINGs COURT.

etectlOQ aL tue plFsL pIociuCG III ochCiooh
Ward, was continued in the Hastings Court
yesterday. The ballots were brought into
court and spread upon table by Mr.. Cabell,
the CommonweaIth's attorney. . --s'&
Mr.. Lawson Nunnaly was examined. He
voted for Starke, Knight, and Workman.
Hunted through the ballots, but couldn't
find bis, which was upon a large piece of
paper which he had prepared himself.
Major B. Il. Nash, who voted for Starke,
Knight, and Wortham, looked among the
ballots, but couldn't find bis. T. Roberts
Baker, W. T.. Fleming, and several Others,
also looked for their Ballots, but couldn't find
them. Messrs. G. Walthall, Sr., Joseph Il.
Crenshaw, and others, examined the ballots
and found the tickets they voted. r.s.,.1
| Mr.. John s. Wise testified ss to the mum.
ber Of ballots deposited in the box, and as.
sisted Mr. Cabell In counting them, which
took Iup good deal of the time of the court.
They found 30S straight Conservative ballots
in the box, 70 Independent Conservative
tickets, 4 Conservative tickets with all Con.
seryatiye candidates voted for except as To
House, Tanner ballots scratched, i ballot
with all Conservative senator's scratched,
tickets with Johnson's name scratched, 2
| with Tanners name scratched on ana
Knights name substituted, 2 with Johnson,s
name scratched off and Knights In lieu,
Conservative tickets with all senators
sc1 atched and Independents in lieu, &c. To-
til Conservative ballots, 397 !; Independents,
8. Total, 405.
Several witnesses were examined as to Mac
dougaPs character, all of whom spoke Of him
most highly. 80,
| At this point the examination was closed,
and the court recessed until P. N.
| AFTERNOON SESSION.
The court resumed its session at AZ P. NJ,
when Mr.. Cabell commenced the argument
for the prosecution. he was followed by
Mr.. George D. Wise for the defence, and
MIR. Cabell closed the argument for the Com
monwealth. &-.t
Judge Guigon then gave the following in.
structions to the jury, and at O'Clock they
retired for consultation
i "1st. That in order to convict the prisoner
the Jury must be satisfied beyond all reason
able doubt, from the evidence, that he felo
niously and fraudulentiy put large number
of tickets or ballots in the ball0t-box at the
election held in this city on the I'd OF No
Yember, 1876, after proclamation made anG
I before the vote was fully canyassed.
"2d. That every link In the cDain OF cir
cumstances necessary to the conviction OF tht
prisoner must be proved to the satisfaction
of the jury and If the proof fail TO establish
any fact necessary TO his conviction the jur!
!, must acquit him.
"3d. That the jury must be governed
. entirely by the evidence before them and th
fair inference therefrom, and. that it Is no
sufficient to the conviction Of the prisoner
, that the testimony shall merely create pro
liability or suspicion of his guilt, howeve
, strong that probability or suspicion may be
but that in order to his conviction the eyi
dence to show his guilt must be Of a conclu
sive nature and tendency, establishing in th
minds of the jury the guilt of the accused &
! moral certainty and beyond all reasonable
doubt-that Is, such certainty as convince
Q sni directs the understanding and satisie
1.-THE reason and judgment, and produces il
the:ninds of the jury an abiding conviction
q OF ..lhe guilt of the accused. sEAt..E
III ?, g. 4th. That even II the jury should b
satisfied by the evidence that large nunbe
of tickets or ballots were feloniousIy ant
fraDduently put into the ballot.box at sucl
j election the jury cannot convict unless the.
are satisfied beyond all reasonable doubt tba
I the prisoner himself put them in, or wa
present aiding and abettiDg or assisting II
any way in such act; or that the orisone
! conspired with some other person or per
sons to put such ballots or tickets into sait
box, aud they were SO put In by zach othe
!: person or persons. l. -
NThe court instructs the jury that 1t is no
I, necessary for them to believe beyond all rea
sonable doubt that fraudulent ballots wer
deposited in the box by the prisoner in per
son; but if they are convinced By the eVi
denee beyond all reasonable doubt that the.
were so deposited either BY him il. person
or By or through his aid and assistance il
:. any way or manDer,, they pust find bin
+ Eguilty." s7sgo y.l.lE..
After an absenceof about twenty minutes
: 1.-THE Jury brought in a verdict Of not guilty
and MT. Macdougal was discharged.