The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1880-12-21

REPLY OF THE DANvILLE JURY TO THE ASSER-
TON OF JUDGE AIKEN, OF THE CORPORATION
COURT, THAT THEY WERE GUILTY OF MORAL
C0wARDlCE IN DEALING WITH SCOTT TH0MP
son, SENT TO THE PENITENrlARY FOR FIVE
YgARs--A STATEMENT or FACTS.
DANvILLE, December Is, 1880.
Editors DanUiIe Nslos:
The report OF Judge Aiken's remarks on
sentencing Scott Thompson IN the Corpora
ton Court. as published in your paper OF
to-day. severely cen~uring the jury which
tried the case. c0mpels u. in justice to our
selves, to make be following statement:
The Jury received the following instruc-
lions from the Court:
elf the Jury believe from the evidence
that Hankins was seen in DaBville on Sat
urday after the killing is said to have
been done. they should find the prisoner
not guilty. II they believe from the evil
dtnce that the accused and Scott Hawkins
engaged in an affray, and in the beat OF
passion while 80 engaged the prisoner selz
ed heavy stick or other instrument and
struck him blow WHICH FILLED HIM BE-
PORE He WAS THROWN INTO THE CANAL, he
should only he convicted Of voluntary man.
Slaughter. But il they believe from the
evidence that the prisoner in the affray
him 10 The earth and rendered him power
less, and while deceased was disabled and
helpless took him aud threw him into The
canal before he was dead, and from which
act the deceased was drowned, il was viii
ful, deliberate. and premeditated killing,
and murder in the first degree"
The whole ease was narrowed down 10
one point. and that was whether Hankins
was dead or alive when put in the canal.
The evidence Of Payne was TO this effect :
Thompson bfsitated for some time before
he threw the body into the water. When
thrown in beard splasbing and scattering
OF The water; then the body sank. and saw
1t no more. The night was dark. so that
nothing could be distinctly SEEN" The
evidence To support the theory that the man
was NOT DROWNED was from the medical eX-
peris DIS. GRAY and Irving. who testified
ihat they COULD NOT STATE POSITIVELY ETHER
WAY; THAT THE BODY DID NOT GIVE POSITIVE
SIGNS or DROWNING. Dir. Cole testified that
be saw the pOst-mortem, and believed from
that examination the MAN WAS DEAD before
being put m the water. The jury, after
carefully analyzing the evidence, could not
eonscientioOsly bring in aLy other verdict
than that OF voluntary mansiaughter.
We deny the charge OF "moral cow
aIulcc, - cIluluiI NtdhutcN, u'ofiN'p'S
evasion of their disagreeable duty" &c.
The verdict was rendered according TO the
law and evidence.
The jury in this case acted under The
suction Of an oath. We did not solicit the
position Us Jurors. We were solicited as
competent men--as men who were not OPP
posed to capital punishment, aud who had
not " formed nor expressed an opinion In
This case.'
We deny the Judge the right to reflect
upon our motives, and claim that la so do
Ing be has exceeded his authority. We
omit saying anything In condemnation of
Tue same. preferring 10 set him an example
10 parliamentary usage Of which ne was de-
heieDt.
We have not that "moraI weakness
which would make US condemn man to
death on insufficient evidence.
Respectfully,
j. l.. TYAcK,
j. KAUFMAN,
l.. Il. SraAUsE,
w. A. STRICKLAND,
JOSEPH l.. HIcKsoS,
j. X. JoPLIsG,
w. w. WADDILL,
r. II. HANLiS,
T.. s. Booth,
X. r. JOKES.
u. s. AgYETT,
A. Is. SiTEs.