The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-09-28

1 lDOD tIldi WI. NuDtll
newed his question, and witness sale
that he would not believe IIaskins or
oath where he was personally interested
johnson said later that he did not know
the general reputation OF Haskins. Has.
kin. never told him lie; knew nothing ol
Haskins's boys; and all that he did know
Of him came through other parties long
ago.
Mr.. Witt closely cross-eXamined John
son with the view Of showing that he knew
nothing Of Haskins, and that Haskins had
never done witness an injury or told him a
| lie.
| Police-Justice D. G. Richardson was put
upon the stand, but in answer to ques-
| ton said he did not know Haskins's general
reputation for vsracity.
HAsKIEs RECALLED.
Haskins was recalled by Judge Chris
tian, and in answer to question said that
the bill OF sale was intended only to secure
Beveridge the $50 borrowed. Beyeridge
did not give him sI5. Bought the piano
from Mr.. Macdougal for $40, and Mr..
Cook said that he had bargain, and that
the piano was worth $50 or $50.
To Mr.. Cabell Haskins said that he had
never sold witness any whiskey, as alleged
by Wilson.
Mr.. w. F. G. Garnett detailed a conyer-
sation he had with Wilson in reference to
getting out a warrant against Haskins for
selling liquor without license, and said that
he (GaTnett), not Beyeridge, was response
ble for advice given to Wilson.
HAsKIYs NOT THE PROSECUTOR.
Mr.. c. V. Meredith, who was employed
by Haskins to defend him in the charge OF
selling liquor without license, was put
upon the stand by Mr. Witt to prove that
IIaskins did not start this prosecution, and
in point Of fact did not know that a crime
had been committed.
Mr.. Meredith said that when lIaskinS
was arrested Haskins came TO him to de-
fend him, and told him that he believed
Beveridgc had instigated the prosecution.
After hearing the facts, Mr.. Meredith, OF
his own yolition and rs a matter OF duty,
went and told Mr.. Witt, and was therefore
IN that way responsible for the prosecu-
ton.
INSTRUCTIONS.
Mr.. Allan submitted to the Court instruc-
tiOns which he wished given the jury, and
they were argued by Mr.. Allan and Mr..
Witt, and were taken by the Court and
given, with material notifications, in the
form following:
FRsT.-Unless the jury believe from the
evidence that the money or pecuniary ben
eft sought to be derived by the alleged
threat was the money o. property OF some
other person than the defendant, then they
must find a verdict OF not guilty.
But the Court further instructs the Jury
that il they believe from the evidence that
the defendant only lOared the witness
IlIaskinSl $40. and that at the time OF the
alleged threat he had been paid an amount
on said loan greater than The legal interest
by taking the piano of said witness, and
that the defendant still demanded the whole
amount loaned, and threatened il it was not
paid he would accuse said witness OF any
offence in order to cXtOrt from him money
he did not owe, and which defendant did
not believe to be honestly due, then the
Court in>tructs the jury they must convict
the accused Of the offence charged.
FFTH.-lf the jury believe from the
evidence that the defendant only demanded
by threat money or pecuniary benefit
which he honestly believed 10 be due 20
him. then the jury must find a verdict OF
not guilty. This was given in the Ian
guage Of Bishop on Criminal Law.l
The second, third, and fourth inStruc-
tions offered by defence were rejected; the
first was qualified by the addition OF the
words commencing with But"
ON motion OF NIr. Cabell, the Court also
/ gave the following:
"The jury are further instructed that in
finding their verdict they are TO be guided
entirely by the law and the evidence, and
| in arriving at conclusion thercupon
| they are to give the prisoner the benefit OF
every reasonable doubt Of any nature in
reference to the issue that may arise IN
| their minds"
Defence excepted.
MR.. Wits INSTRUCTION.
The court took a recess from 3 to
o'clock. At the latter hour, upon motor
OF MIR. Witt, the Court gave the following
instruction Substantially what Mr. Wit
askeD. and to which defence excepted:
The Court further instTuctS the jury tha
il they believe from the evidence that th'
defendant accused the witness llaskins o.
the offence ALLEGED in the indictment Will
the intention OF cXtOrting from him an!
"pecunary benefit" that then he is guilty
OF the offence with which he il charged
and they must 30 find.
Argument.
Mr.. Witt. in opening the case for thl
Commonwealth, expressed his prOfounC
reoret that he was called upon TO prosecute
one who is member OF the same prOIeS
sion n, himself, and who was the first il
Virginia 10 disgrace the legal profession b.
attempting to eXtOrt money by threats
To Beyeridge's venerable and worth.
father TwhO sat by accuSed] and his bro
tber,, good and honorable citizens, he re
fcrrcd i'm fitting terms Of sympathy; hut h
had hi, duty to perform here. lie said
WAS Bcycridge who first suggested to Has
kins to sell beer, and thereby increase hi
. income, and who advised him that no spe
cial license was necessary therefor, ant
IIaskins proceeded under that advice L
sell beer. When Beyeridge threatene
him with prosecution, IIaskins said
.gWbv. YOU told me | could sell bee
without a license.D and Beyeridge r.
, plied. "If YOU are ID enough fool
believe everything you hear, you must ''A
the consequences"
: Nr Wit claimed that IIaskins's testimC
nv was altogether unimpeached; the a
, tempt had failed, and no attempt whateVe
had been made to impeach the evidence {
bis two sons. Further, he showed thi
, Uaskins first told his story to Mr. Mere
dith when he did not know that Beyeridg
had committed any crime; but that gentle
man (Mr. Meredith who throughout a
= his wears has worn the white flower OF
l bIameIess life and graced the grand oil
: name Of gentleman, invoked the law vher
Z the old negro's friends had deserted biz
and this "Iawyer" had betrayed him.
Mr.. Witt reviewed the evidence, CLAIM
t ing tha, Beyeridge owed ilasklns sSg; IN,
, Uoskins owed him $40; that for the y
, Revcridee took the lien on the piano an