The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-03-29
SATURDAY MORNING, MARCH 20, 1879.
Iproduced the assault by the deceased. in
l.makinc Rtieh he was killed bz the prison.

produced The assault by the deceased, in
making which he was killed by the prison.
er, must, in order TO deprive the prisoner OF
the plea OF self defence, have been given
Immediately before tle assault OF the de.
ceased or in such manner or Under such
circumstances as TO satisfy the Jury that the
purpose OF the prisoner in giving the provo.
cation at Wingo, Elicit o. Crump's was to
provoke the deceased to make the subsequent
assault at Childrey's factory, and then to
Kill him, Rejected as not being responsive
to the question. -, -, ...
So THE LAST PROPOSITION. .t--,.-
Mr.. j. S. Wise suggested the following
amendment: 1,t.ay:f ,
II the jury believe from the evidence that
the provocation given by The prisoner to the
deceased at the store OF Wingo, Elicit s;
'Crump was purposely given to provoke the
subsequent attack by the deceased, and
then to kill him, then the jury arc instruct
ed that although the killing OF deceased was
necessary to preserve prisoners life lie cam
not plead ii. for his own wrong desionedly
provoked the assault. Buff the jury be-
lieve that two hours after the difficulty at
Wingo, Elicit & Crump's the deceased, with
out the procurement. OF the prisoner, and
unexpected by the prisoner, after consult
ing with his friends, sought out the pris-
oncr at bis place OF business and with q
stick assaulted him, and that the prisoner
actually believed that there was imminent
danger OF serious bodily harm to him when
the fatal shot Was fired, then the jury are
instructed that the prisoner is entitled to
make and rely upon the plea of self-defence,
and it is for the jury to say Whether it is a
good plea. Rejected as not responsive to
the question, and because the Court was Of
opinion that the instruction tended as being
one on the weight OF the testimony.
.~ CALLED IN.
The Judge called in the jury and read
them his instructions as originally drafted.
amended only by striking out ssmcrc" and
inserting of the point indicated by the astc-
risk the words "real or what seemed to him
apparent" ~.
He said the question propounded by the
jury was so comprehensive in its terms that
he deemed it ne tcessary to reply to it in the
full manner in which his instructions ap-
peared. *-..
Counsel for defence excepted to the in
OF the Judge. .':
NOT AGREED.
About 8 O'Clock the Judge called the jury
into The courtroom, and to the question OF
the Clerk, " Have you agreed upon yer-
dict!" Mr.. Pearce answered, "We have
not."
The Judge asked il there was any proba-
blity Of their agreeing if they remained in
their room longer.
Mr.. .Pcarce 1 do not think it possible
that we can.
Thereupon the court YVES adjourned un-
til this morning at II O'Clock.
on THE ROOF.
Larger crowds have attended this trial
than were ever seen in or about a Richmond
courtroom before. On Thursday num-
her OF men, suprcEcly eager to catch the
sound Of the speakers voices, got upon tie
roof and stationed themselves at the sky
light. Had they not been driven away a
crowd would probably have followed their
example. and, as the roof is not supported
by columns now, an accident might have
happened.
- TIE OFFICIAL CORPS. '.''
Notwithstanding the multitudes waiting
for the doors to open, and the violent rush
and furious struggle when the doors were
opened, good order was maintained through
out, Will, but few minutes exception in
the aggregate. The familiar voice OF Sea-
pedUJ Lee WIS pllClI uCCIul Ia
you don't keep quiet Til arrest some OF you
and bring you before the Judge" But that
was sufficient. He had wonderful influence
over the crowd, and they obeyed him well.
Sergeant Lee and his deputies-HolZtnger
Tyler, and Harvcy-and Police-ofliccrs Jc-
ter, Hulce, and Cosby, deserve well for the
efficiency with which they have discharged
their duties to the Court and TO the crowd
during the trial And quite as much may
be said of Clerks Jinkins and Lawton,
each OF whom answered million questions
(more or lcss) during the week.
HOW DO THEY STAND?
Everybody asks, GLOW do they (the
iury) .stand!' ..... ..-1
The reporters are supposed to know. D.,
But they don't. ..r
The prevailing impression with those
around the courtroom yesterday evening
was that the great majority OF the members
OF The jury were in favor Of rendering 4
verdict OF guilty; but that they Qhe ma
jorilvl were much divided in opinion rs 10
the grade OF the offence. That may or may
not be so. 1t is given and should be re-
ceircd as 4 mere rumor. II certainly can't
have any influence upon the jury, as their
rations Of a,ental food newspapers have
been cut off. . - -
". THE JUDGE's INSTRUCTIONS.
The instructions given the jury by Judge
Christian yesterday evening were regarded
by lockers on Gncluding members OF the
barr as quite favorable. to 1.-The prisoner.
These wise Worthless argued that but for The
last sentence OF the first instruction, itself
commencing witha Sc but" the jury would
in fifteen minutes come in and render a ver-
dict, OF not guilty. i. h..g. ,.-..-,... -.
- The prisoner has borne UP we'll during all
these hours OF waiting. But it requires no
extraordinarily keen eye. to see that he, is
suffering much from this anxiety and sus-
pense. -.
His conduct has been. so good and his
face is so ;preposSessing that it is no wonder
he has won the sympathies of all who have
been about him. a....,....,. -.,-
d IMPORTANT MEETING OF MERCHANTS THIS
AFTERNooN.-A meeting Of the Board OF
Managers Of the Commercial Club was held