Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-05-31

said to Mr.. Joel Z" You are helping the
OK out of the ditch"
Mr.. Joel yielded. He went to the
clerks Office and brought in his tools.
They were in a brown paper parcel.
This parcel hs placed oa the tranl' Of
Lillian Madison, which was set near the
witness-stand, and was about to open it
to commence operations, when Mr..
Meredith insisted upon knowing if the
objections hitherto made by the counsel
for defence were to be understood as
still standing. He pressed for an an
swer. ThereupOn Judge Crump did
most particularly object, and the jury
were sent from the room while the
Court heard argument.
After a discussion by the counsel as
to the adyisability or legality Of open
ing the watch-key, Judge Atkins de-
cided not to have it opened.
Colonel Aylett gave notice to counsel
that he would press this matter home,
and when the time came would argue
before the jury that the Commonwealth
wanted the key opened and the defence
objected. and in that objection was sus-
tanned by the Court.
Counsel for defence opposed this,
but the Court decided that the proper
time hadn't arrived at which to rule
upon the point, as no motion was before
the Court. The jury was brought back
and polled.
Mr.. Joel Recalled.
Alr. Joel, who had relinquished the
stand, was recalled, and Judge Atkins
told the jury that he had decided not to
have the witness open the key.
Mr.. Meredith told counsel for de-
fence that they could cross-eXamine the
witness if they so desired.
Judge Crump asked Mr.. Joel about
three watches that he had to sell. Wit
ness said watches were sent him to sell
within sixty days, and if not sold with
in that time then he (Joeh should take
the watches at stipulated price. lie
sold two Of the watches on the install
ment plan. When his creditor came in
July he offered him the remaining
watch, paid him sl6, and offered him
the choice of watches in his showcase
as indemnification. He had been in
business about four years. \ rambling
cross-examination, mostly about Mr..
Joel's taking the homestead exemption
and private business, followed, lasting
nearly three quarters Of an hour, and
conducted at first one time and another
by all Of the counsel for defence.
Recess until / O'clock.
Afternoon session.
The Court resumedits session at 4:2O
o'clock.
Mr.. r. B. Kasey was put on the stand,
and in answer to questions explained
that the publication Of the finding Of
the BODY in the reservoir was made in
the Vhig on March 18th Sunday, the
issue bearing date Monday the 10th
March.
Mr.. Zebulon Farland was the next
witness, but be gave no important testi-
mony.
Counsel for defence and prosecution
announced that they had no more wit
nesses, and the jury was taken out, at
4.30 o'clock.
Instructions by the prosecution and
by the defence were submitted to the
Court without argument. The instruc-
tions proffered by the prosecution were
similar to those offered in the Jeter
Phillips case.
At $50 o'clock the court adjourned.
The Instructions Which We're Given
I'm the letter Phillips Case.
The draft of instructions yesterday
submitted to the Court by Colonel
Aylett and Mr. Meredith are near
lv the same as those given by Judge
Joseph Christian in the Jeter Phillips
case.
The Jeter Phillips instructions were
as follows:
~. Before the jury can convict the
accused they must be satisfied from the
evidence that he is guilty of the offence
charged in the indictment beyond rea-
sonshe doubt. 1t is not sufficient that
they shall believe his guilt probable
only. 70 degree Of probability merely
will authorize q conviction, but the
evidence must be Of such character