The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-04-17

or three times week for four years. Had
talked with him. Had seen nothing strnrge
G.Donatti first knew prisoner in zBalti.
more IN 1871. Know him well. Never saw;
anything strange. Always thought him s
proper businessman. Two months ago told
Witness's father that he was going 10 sell
out. Prisoner never told witness that he
bad been tricked. !1lIs-T
Frank Craft had son,e, acquaintance with
prisoner. Saw nothing Strange. -
~ BEER PRIVILEGE. IL @..-l
Thomas j. Wren, deputy sergeant, was
told by prisoner at the Jail that he had been
in the habit of drinking twenty y-fYe OF thirty
glasses OF beer per day. Had never know
him to refuse tobacco. food, or liquor sent
to him. Things to eat came from several
parties. Prisoner tlr>t asked DR.. Beae to
allow him whiskey. The Doctor would not
consent to that, but granted him beer. The
latter was taken from him By order of the
Doctor, witness having reported that pris.
oner was abusing the privilege. .....
Here the testimony was closed. ....
INSTRUCTIONS. .s5a-. ...
r. The jury were sent from the room.
Dir. Pepton, on behalf Of the Common
wealth, rendered the Court several ins:ruc-
tions to the jury.
MI. lottHS ooleCtcu, auu "ohGu lli!le ~
draw up instructions which better repre-
sented his views.
Mr.. &. D. Wise then withdrew all the in
structious except the first. -
) The Judge adopted that. with slight
modification. He ordered it to be copied
for the jury, as follows: u Ri.
1 g g The Court ,instrncts, the. jury that every
man il presumed to be sane and to possess
sufficient degree Of reason to he RESPONSE
bic for his crimes until the contrary is
proved TO their satisfaction from the whole
evidence before them" [Boswelrs case
Goth GrGttan.]
EXCEPTION.
Mr.. Young excepted. The Judge in
sisted that the bill OF exceptions should be
at once drawn. 1t being late in the evening
& o'c!ock); time being precious, and the
Judge Though quite sick) resolved to close
The case tonight, Commonwcalth's Attor-
ney Wise withdrew the instruction. 1t was
resolved to read the Boswell case to the
jury.
Before the testimony was closed Mrs.
Baccigalupo was recalled by Common
wealth. She asserted that she said to Mr..
Carmichael Git was in reference 10 Il certain
letter. that Baccigalupo had some dcvilish-
ness in his head jealousy, and not that he
was wrong about the head.
The witness Tomai not haviag paid his
fine, was lodged in jail at the recess OF the
court.
Mr.. Pcyton made the opening argument
for the prosecution. He spoke nearly three
hours, and made an argument OF unusual
ability.
Mr.. Hobson followed for prisoner. He
contended with carncstmess and force that
malice was an absolute essential to crime,
and that an insane man could not have that
malice and that they were entitled to any
doubt about prisoners sanity rs we'll as 10
every other doubt.
At the conclusion OF Mr. lIobSon'S speech
the court adjourned until this morning.
PERSONAL.
1t was found quite impossible TO conclude
the case last nj "bt, and so at l:45 the Judge
determined as there were two speeches yet
to Ec made, to let it 20 over until this morn
ing. even though it may delay the Poindex-
ter trial some.
Messrs. Peyton and Hobson received the
congratulations OF numerous friends OH
their speeches.
The Judge announced before adiourning
court that, it having been shown to him
hat 'romai is a poor man, lie would reduce
his tine from $40 to So.