Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-06-02

distance from Centreyille 10 King Will
liam Courthouse I do not know.
Mr.. Beverley Crump; Did you take
n walk with me Sunday evening"
Yes, sir.
Please tell the jury about it.
We started from the American Hotel
ND Main street TO Eighth, down Eighth
to Canal, up the canal bank to the
Tredegar, thence by the Tredegar
bridge to Belle Isle, and on to the win
dow of one of the nsil-shops; to a
large building in which we could see
the nail machines, &c. Walked at an
ordinary business gate. Took us 30
minutes. Came back ria CANDLES
Hill and Fourth street, thence to Main,
thence to the American. Time, 40
minutes.
/ should think that a lady and gen.
tleman would have walked slower than
we did; if the lady were in pregnant
condition progress would be slower
still. Am speaking now without re-
ference to any hurry they might happen
to be in.
To Mr.. Meredith: Don't know how
long it would have taken TO reach the
American had we got on street-csr at
Main street.
ut would probably have sdred ten
minutes. All this questioning was with
reference 10 whether Lillian and Tom
ME could have been at Belle Isle =" al
ter 1890 ?. NJ" and she got back for
dinner at / O'Clock, as Mr.. Dodson
says.l
Mr.. Edgar T.. Montague.
reside at Saluda, in Middlcsex
county, and in February lived at Cen
treyilis. Am a son Of Colonel E. b.
Montague. My father died on Satur-
day, February 2lst, and among those
who sat up with his remains were Major
Stubbs, James Bland, and the prisoner.
The prisoner left the funeral procession
about 10 O'Clock probably little
later than that. Funeral was on Mon
day the 23d. think it is about twen-
ty-two miles from Centreville to King
William Courthouse ; have to cross a
ferry and it would ordinarily take
twenty or twenty-five minutes to DO
that ; fourth Monday (23d is King Will
liam court.
Colonel Aylett Stand aside.
MFR. J. n. Redd.
This witness was introduced by the
Commonwealth, and said ! reside in
Henrico, and am a student at Richmond
College. Know prisoner. In June last
met him in the Capitol Square and
talked to him. | noticed his NOUS
tache: am certain of it.
To Mr.. Pollard can't say what
called my attention to the mOustache.
Don't remember his coat or his crayat.
Can't say whether he had any beard on
his chin. The fact stated came to me
when the question was raised in this
case. Don't remember the subject of
our conversation on the Square, except
we asked after each others health and
spoke of the weather, land think We
told each other goodbye" Laughter. J
don't know who Mr.. Cluverius's
friend then present was. ] was with
Mr.. William John Hunter Bohannon.
Mr.. Pollard Do you know Mr..
Stearns out at college,!
Yes, sir.
Does he wear q moustacheI
Yes. sir.
Mr.. Evans then took the witness in
hand and asked about prisoners dress ;
whether prisoner had his hat on or of,
as they sat there on bench on the
Square whether " his hair was banged
like yours" lRedd'sl, &C.; but the
witness only remembered that prisoner
had a moustache. OF that he was quite
sure.
PHOTOGRAPHS.
About a week after the tragedy the
DispGtch had :" the hole in the fence -
photographed, and soon after that il
was planked up, and old and new
planks so intermingled in the repairing
that the exact place can now hardly be
identified.
Judge Crump, therefore, with the
consent of the other side, introduced as
evidence copies of this photograph. He
had large photograph Of this hole and
several small copies of it, so that coun'
sci and the jury might refer to the pic
ture at the same time.
But there soon arose a trouble-Mr
Evans contended that the photograph
showed the swinging plank reversed.
They were about to send for the artist
when Mr.. Evans surrendered, and wa
convinced that the photograph repre-
sented the premises naturally.
POLE.
Judge Crump asked that the poll
with which the body was dragged ashor,
be produced in court. Mr.. Meredith
said that he did not know that the
pole was in existence, but if so he haC
no objection.
The Courts Instructions 10 the Jury
The Court being prepared to give in
structions, Judge Crump asked that tn
jury be sent from the room, as some dis
cussion might arise.
This was done, and Judge Atkin
said: : ! will give the instructions jus
as they were in the Jeter Phillips case
As to what is reasonable doubt | viii
leave that to the jury. In addition,
will give two of those instructions aske,
for by the defence.
Judge Atkins then read the Jete
Phillips instructions and the addition, a
| follows:
Il. Before the jury can convict the &C
cuSed they must be satisfied from the evi
| dence that he isguilty of the offence charge
In the indictment beyond reasonable doubt
| IL Is not sufficient that they shall bel hi
| guilt probable only. No degree OF proOa
| bility merely will authorize conviction
but the evidence must be OF such characte
| and tendency as TO produce a moral cef
fainty of the prisoners guilt TO the eXclu
sion Of reasonable doubt.
| %. Each fact which is necessary in tn
| chain OF circumstances TO establish the gull
| OF the accused must be distinctly proved b
| competent legal evidence, and II the jur
| have reasonable doubt as TO any materia
| tact necessary TO be proved in order TO SUP
port the hypothesis OF the prisoner sguiit
/ the exclusion OF every other reasonable ny
| pothesis, they must find him not guilty.
| 3. II the jury are satisfied from the evl
I dence that the accused is guilty OF the ofenc
] charged In the Indictment beyond reasons
| bic doubt, and no yatiopal hypothesis 9
| explanation can be framed or gwen lupo
| the whole evidence ia the cause consisten
| with the innocence OF the accused. and q
the same time consistent with the fact