The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1876-06-14

aboatLcoS ioit. atuau neVeFSeGn CneJW0 1nen
together before. Only knew that he intro.
duced them on Tuesday night! From ali he
knew that was the first time they had ever
met. s-.,.' p 's.'t,2r;'" 'it>iHfHi ~ -
| p. Pacini' was recalled BY defence, and
stated that the parties involved had been OF
his place both Tuesday and "Wednesday
evenings. On Tuesday evening they, had q
quarrel. and "Jeem :. had drawn his pistol.
! On "Wednesday evening they had appeared
perfectly friendly, and when they asked
| him for drink he refused them because he
was afraid that "Jeem'a would draw his
pistol again.
| -.. THE DEFENCE. 4
The defence then introduced Its wit
nesscs. Is
4. B. Sutherland testified as to the habits
OF the prisoner. When sober he was, a,iaith-
! iul workman and gentleman. He worked
with witness until Saturday Had known
him to threaten people in the shop when
drunk, although when sober he was entirely
inoffensive. On Monday he did some little
work in the shop, and started of, saying
that he was going on q picnic. Witness
saw him on Tuesday and he was intoxl-
Gated, and witness at, once presumed that
he was going on regular spree.
Mr.. Sutherland was proceeding to state
that the prisoner had some fourteen months
ago taken pledge before, Justice Granger,
when he was interrupted by Mr. Cabell,
who objected to the evidence IS going out
side OF the case. ,..,,-,......
Mr.. Wise, OF the defence, stated that his
client had been peculiarly the victim OF
whiskey, and especially so in this case.
When liquor got into him he was a wild
man, and perfectly irresponsible; therefore
he thought it was perfectly pertinent to in
troducc testimony that would prove how
faithfully his client had fought his potent
enemy. .., T,rt...:.'. tt.... ,.:-.
The Judge ruled out all further evidence
on this point, stating that the evidence
already introduced had proven sufficiently
that the prisoner had been a temperate man
for the last twelve months.
Justice w. E. Granger testified as to the
| character OF the prisoner. He was very
quiet when sober. When drinking he was
very talkatire. Witness had never issued a
warrant for the prisoner, nor known him to
be in any serious disturbance. s-.'
Powhatan Z. Dupuy testified as to pri-
soner's peaceful character, and spoke in the
most favorable manner Of his courteous and
gentle demeanor. , .-,.f
At this point Mr.. Wise requested q recess
until 81 o'clock in order that he mig bit have
present some more Of his witnesses. The
recess was granted. ,:- 3. f.. r,:
Afternoon Session. .,.
The court reassembled at half-past 4
O'Clock, and the evidence was confined by
the defence to a proof of general good char
acter, the witnesses being Justice White,
and Mcssrs. j. N. Macon and w. Fl. Tai
man. q. '''-f..
The arguments pro and con were then en-.
tered into by Messrs. Wise and Cabell, and
the jury wereinstructed by the Judge.
...... THE JUDGES CHARGE. .y5'|
! The following is the charge delivered by
| Judge Guigon: 90 2"
':lf the jury believe beyond reasonable
doubt that the prisoner shot the deceased
without provocation, but that at the time Of
doing so his condition from intoXication
was such as to render him incapable OF
doing a wiliul, deliberate, and premeditated
act, then they can only find him guilty OF
murder in the second degree.
''If the Jury believe from the evidence
| beyond all reasonable doubt that the pri-
soner fired the shot which caused the death
of the deceased, although they believe he
was intoxicated at the time, yet ii he was
capable OF knowing the nature and conse-
quences of his act, and did know the nature
and consequences OF his act, and he fired
! the shot with the wilful, deliberate, and pre-
meditatcd purpose OF killing the deceased,
| then the prisoner is guilty Of murder in the
first degree"
.'wAIT1NG FOR THE VERDICT
As the jury retired, under charge OF Old
| Sincerity HolZinger, there was an audible
murmur throughout the assembled throng,
and specillations were so rife that even bets
! al1 l,p Of hp 10
! liberations. The sentiment as expressed by
/ these bets was evenly divided, and it would
be difficult TO say whether the majority OF
the masses present were in favor OF the eX-
trcme penalty or the law or for imprison-
ment The jury had been out only twenty
minutes when Deputy Briggs announced
that the jury wished to come into court.
In an instant All was hushed in the court
room. The Judge mounted the stand, the
jury marched in, and all eyes were turned
towards the prisoner. He maintained his
usual calm demcanor, but when the clerk
told him to stand up he didso with visible
tremor. which seemed to run through his
whole frame. He heard the spokesman
pronounce tue word '.guilty," and it was
not until the whole finding was read that he
seemed relieved. ...... ... .... ..s..a .,r
The Judge did not pronounce any sem
tence, but dismissed the jury and adjourned
the court. Sergeant Cook then proceeded
to handcutf the prisoner, and he smilingly
asked il he would be allowed to see such OF
his friends as wished to call ON him before
he went to the penitentiary. The Sergeant
told him certainly he could, and he thanked
him very cordially, though the trembling Of
his body was perceptible during the entire
interview. ,,...N,r p, .... ........ .-!.,.:
HOW THE JURY STOOD. ..f
When the jury left the courtroom there
were five in favor OF hanging. This num-
Der was soon reduced to three, and finally
to one. This last stern administrator OF the
law was aftera short time Modified by his
4 mora humane compatriots, and the verdict
was brought in as recorded.
MOTION TO SET ASIDE.
Mr.. Wise stated that he wished to enter a
motion to set aside the verdict, and that he
might probably argue the motion to-day.
| The Judge stated that he would hear MIN.
:. It is hardly probable, however, that the case
will be heard from again, as the prisoner
listened to the very aciSe counsel OF bis
lawyer, and will accept the verdict with the
utmost resignation.
Music ON THE CAPITOL SQUARE.-Profes-
so Kessnch left the city yesterday with bis
band to enliyen the commencement ceremo.
nies ut Hampden Sidney College. The band
returns on Friday, and on Saturday will give
free concert Oh the Capitol Square. Next
week Mr.. Kessnich and his friends will en-
deayor to make arrangements to give Tree