Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-05-07

lIt tOlnt W hltuflOUu ntt ftsh~ -
Bath county by reaso OF letter from him.
This assumed ma me OF Merton used Dy
her on both visits, was the one assumed py
the prisoner himself on former occasion.
The evidence shows that she. his cousin,
was not far from the time OF delivery OF a
bastard. OF which the evidence strongly
teEds TO show he was the father: that ne
was In the city and In the immediate neigh
borhood OF the American Hotel about the
time that The note was sent TO her. 10
which she sent n .reply-tbe "torn note (;
that In o few moments afterwards she left
the hotel and wasswith the prisoner In
dstant part OF the city; that upon her re.
turn 10 the hotel, short time after she had
been with the prisoner. she asked for the
note. These facts "obviate the manifest
sountness OF the objection which pre-
vailed in Paynes case, and In Smith Is.
Shoemaker.
The stale had the right to use the " torn
note as evidence TO prove that the prisou-
er and his victim were In communication
aud weIe together on the day OF her death.
The T. ote was one OF the links In the chain
OF proof-it was surrounded and entwined
with all the circumstances set forth In the
evidence, and 10 was admi issible as a part OF
the preOf OF intercourse between the pris-
OF er and the dead girl.
IL was admissible TO prove that the occu-
pant of" Room 81 " at the American Hotel
was Fannie Lillian Madlson-the dead girl:
The note was written by the occupant OF
Room II lit was proved to be in the
handwriting OF Miss Fannie L. Madison
hence the state had right to Introduce it
toprove thar the occupant OF Room 81 -
Mrs y. L.. Merton was Fannie Lillian
Madison. Being admissible for that pur-
pose the general objection that was made To
IL cannot prevail. IL the prisoner desired
the use 10 which II would be operated after
N was introduced, TO be limited merely tO
the question OF identity, he should have so
prayed. Not having done so 10 is now too
late. See Taylor on Evidence, Vol. 2, PIP.
lt57-5e, and section 1881.
Was the Verdict WARRANTED?
VII. The seventh exception presents the
quesl on whether the Commonwealth pro-
duced sufficient evidence TO warrant the
verdict found by the jury and TO Justify the
Judgment Of the Judge who presided at the
Trial, saw and heard the witnesses approved
the verdict. and refused To grant the prl-
soner a new trial.
The record, most voluminous as II Is, con-
tains certificate OF the evidence only, aud
hence, the facts proved not being certified.
the appellate court can consider only the
evidence introduced by the Common
wealth. anr will not reverse the judgment
unless that evidence, admitted to be true,
is "pialDly insufficient. TO warrant the
verdict OF the jury.
"Where the evidence consists or circumstances
ard assumptions new tr1al VIII not be Rrintg u
merely because the Court. n upon the jury. would
have giyeE a different verdict. To warrant new
trial in such the evidence should be plainly
insufc' 'ent TO warrant the finding Of the Jury. Tits
restriction applies !ortfOrt To an appellate couri
For in he appellate court, there Is snperaddeJ
10 the weight phicb must be gfrcn 10 The verdict
u a JurH (tirly rendered that oI the opinion or
The jndcc who presided at the trial, which Is al
ways entitled to peculiar respect upon tie 1uetion
OF a new trial. \ new trial. asked on the ground
that the verdict IS contrary 10 :he evidence ought
to be granted only iH a case OF plain deviation
from right and justice. And this court VIII set
aside verdict ON such 4 motion only in case
wf,r, the Jury have plainly decided against the
evidence, or without evidence. lpean's case, 81
there ciied Gimmi rs. Cullen, 90 Graft, and
cases there cited: BlOsscr cs. HafshbdrSer, IL
Graft. and cases there citedJ
In Lawrence's s case 30th Graft, Moncure.
r.. Christian, staples, and Burks, judges,
concurring,) said:
ave are of opinion that, while we would proba-
ily have given verdict of not guihB if We bad
been upon Tie Jury or set aside the verdict which
was gwen and rsnted new trirl IL we had Iry-
sd at the trial. yet II = MT case in which thi'
supposed error therein ia that rerpect a. viii ap-
peaI by reference TO Reads case, ~ Craft 9Z4
aud Tie cases therein referred " ana commented
on"
In Deans case (32 Gratt.). Judge Chris
tlau, speaking for this court, said:
CIrcumstantial evidence must always be-
scanned with great caution, and can never Iusilfy
u verdict " guilty, especially of murder In nc
first dcpree-ihc penalty OF which l. death
unless the circum -tauccs proved are OF such
character sud tendency IS To produce upol a
Of the guilt Of the accused beyond all reason tble
doubt. But IL must also be remembered thai
there ere some crimes committed with sncl
secrecy that 10 require the production OF WIT
LESS who saw the act cOmmitleh would be 10 de-
feat public justice, 10 deny All protection In 20
cioty, TO let the greatest offenders 20 free, aud
the most heinous crimes 20 unpublished. No
cirect evidence can ever be produced ina case
Ike this, where the assassination Is secret, and
SasPy TS han@n Tie eiSa ndan a o % Or
cessity. and from the very nature nf the ease
such fac, can only be proved by cltcumsl4nta
The Corpus Deiicti.
The error assigned I'm this seventh bin o
exceptions presents two specific points o
essen dial Inquiry: First. whether the cor jb'
dciicff is established by the testimony In the
cause; and second, whether the evidence
sufficiently proves the prisoner To DC the
DtiiifU agent OF the murder OF the deceased.
Thete is In this record ample proof out
side OF that which connects the prisoner
with the case. To prove that Fdnnte Ltltdn
n HdisoH, whose dead body was found I'M
mersed in the water In the Old reservoir
In the suburbs, but within the city limits OF
Richmond. on saturday, March l4th, about
O'Clock A. NJ came To her death by the
criminal agency OF another-that she was
murdered that she did not commit SUi-
cute.
On the I4ih Of March, 1855. ssyI Judge
Faunileroy. about 7 O'Clock A. 81, the suporiu-
tendent OF the Old reservoir, l.. ". koso, walk ne
bankment. sees lady's glove garnet
coloredJ and piece " shoestIlng lying
furrowed up With broken tracks which ~ tended
across Tie walkWay-the glove and sbocstring
lying about the centre Of the turrowcd ground
and looked u him Ike there had teeua scuIhc.
The walk way was OF crushed particle, Of gran
iie On clay basis, Gud was somewhat SOFT from
rain, and at aud around where the glove aud
shCesiriu2 lay the ground Was iurrOwe1 M
with broken track, all hudgled up together and
run into one another. Next 20 the water on the
embaukmeut fence with sharp pickcts, three
feet four inche' high, surrounding the reservoir
close "a this fence be saw, particularly. wo
usu's iootIriDts, and back Of hers "A mans. he
looked over this pioket-fence into the reservoir
ana - " floating near the top or the water. Jus,
opposite 10 the disturbed ground fiOunce or part
of womans dress. He called one Of his assist
snis-R. :. IucAs-wh0 was repairing the stop
valve below, ~ come mp on Tie enlbankment.
Lucas aaw glove and piece OF shoestri n2
him there had been desperate struggle
lie saw right opposite IN the water Oinethng lks
ores, raised IL with "A pole fourteen feet long
saw lcg. and knew there VISA body. lie didn'i
measure the iracks-tbey seemed 10 be the tracks
ola ninn and lady. lie saw on the embankmcDi
oppos,te where the body was found several tracks
OF n m IN and several of a woman. lie knew thar
the picket gate in the picket fence around the
water, which WAS the only one In the fence. aud
was difficult 10 Distinguish from the fence, wa
shut that morning. Rose (the supcrintendentl and
Lucas both saw that this gate an the plcke- tence
was shut. Rose testified that II would not stay
shut unless 10 Was fasisned bya catch or bot on
the inside and that II was thirly-iiys or forty
feet 10 the eas Of where be body found In the
wa'er opposite 10 the furrOwed ground In ths
walkway on the embapkment. The tracks look ed
frcsh, and he Is sure that he walked around the
night before. a. vas his custom u do twicea day
TIE water runs out Of the reservoir on the eastern
side, and IL there WAS snY current IN The
water IL could not De- towards the west, but
would be towards the east. The reservoir
% turrcunfen by an outside plank fence' uD And
down eight feet high, enclosing about six acres
aud the gates are generally closed At niInt. On
the south side Of the gto1nd' there + no gate but
there was hole In the fence near me .outneast
corner, made By one or two panss having come
OFF and one or two others hanging loose on the
nails at the too lust opposite he snall-DDx DurY
ing ground In the lark's-sDring property which
Joins the reservoir grounds on the east Rose went
In for the Coroner, lTaylor, who reached There
about 10 O'Clock A. NJ, and Rose gave Il him the
glove and the .hOestrine, which Taylor. the COro-
neT, SAYS he lying IN the mfst Of thls tTampied
ground, and which he identified In his evidence
before the Jury. No strs ngers we're on the EN-
bankInent when he rtturned from nontyiDg tue
Coroner. about o O'Clock A. NJ. The Coroner. Dr.
". II. Taylor, noticed many tracks OF female,
aud two large. brOad-heel tracks "a III or person
looking into the reservoir. He had the body takei
out and II was ioshd Ia be the body OF young "o-
man, who had been dead at least SIX hour no"
much longer he could not tell. The hands wsre
tightly clenched. with Jumps Of mud In them. On
lie inside Of the left arm OF her Jersey was small
tear and around the bottom Of her dress were afe"
small, round holes. Her clothing had no name upon
item. Her hair neatly dOue uD. Her height va
four feet eleven inehes-only nineteen luche'
higher than the picket fence with sharp points:
| She had the mark Of Q blow on The upper ana
outer side of the right eye, bat 10 abrsson 81 the
| skin, while the LEFT side OF her lower Up sas
bi uised 4" by sli. hi blow or pressure but more
] probably pressure ON her forehead were IeH
slight al. asioDs Of the skin. The p0st-m0rtsn
| examination revealed q blush of blood upon the
| stoke FROM The blow over the eye. she died from
drowning, preceded perhaps by partial lnsensi-
bility. which prevented her from swallowing
more water She was eight months goao with
child. and hence more liable 10 rendered insen-
sIhle by blow. Her shoe fitted the female tracks
| upon the embankment. ~. JecA son Bottom As-
sisiant City IN nRinCer. Sr. \. W. HargrOye, who
-. ~. H. r..o rl,ir UlI'l NJ. Hnlnn aud