Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-05-20
SHAW FOUND GUILTY.
THE JURY GIVE HIN EIGHT YEARS IN
THE pENITESTIARY.
Motion for a New Trial 0verruled DE-
fence to Apply for Writ OF
Error, &C., &c.

ly.
SERGEANT BROOKS, AGAIN.
Sergeant Robert j. Brooks was again
called TO the stand at the request oi
Judge Atkins, who asked Mr.. Brooks,
/ don't remember whether'yo said the
Union depot was in the city Of Rich
.mond or not.
Mr.. Brooks: Yes, sir ; it is.
Judge Atkins Stand, aside, Mr..
Brooks. Have you any moro witnesses,
Mr.. Allans
Mr. Allan: No, sir.
The Judge then read his instructions
to the jury, as follows:
The Court instructs the jury that if they
are satisfied from the evidence that ct
the time OF the arrest OF the prisoner R0'
hert j. Brooks was police officer OF the
city OF Richmond, and that Inc was dressed
IN uniform. and had n reasonable cause to
suspect the prisoner OF the crime OF break
ing and entering In the Nighttime the
eiorehouse OF Hermann Schmidt, In the
city OF Richmond, with intent 10 cOmmit
larceny or some felony. aud that the said
Brooss. acting on such suspicion aud be-
lief as police. officer OF said city. arrested
or attempted TO arrest. the prisoner IN said
city, for the purpose OF securing him TO an
swer for said offence and that while said
Brooks was arrcsting. or attem ptiDg TO ar.
rest. the prisoner. the prisoner wiliully -
shot the said Brooks. they must 1ni the
prisoner guilty.
The Court further instrucis the Jury that
II they believe from the evidence that RO-
bert j. Brooks had no reasonable cause to
suspect the accused OF having committed
felony, then the arrest was unlawful, ami
tie prisoner cannot he convicted OF mall.
ciOus shooting. but may be found guilty Of
unlawful shooting.
The Court further ins,ructs the lury that
before they can convict the prisoner OF q
malicious assault, with intent TO main, DIS.
figure disable Orkill, they must be satisfied
frOm the evidence, beyond a reasonable
doubt, that the act OF shooting was inten-
tional and without just cause or proyoca-
tiOn.
The Court further insiructs the Jury that
the prisoner Is entitled 10 the benefit ofeveTy
reasonable doubt. and II there be any rea
EOnsble hypothesis, based upon al the evil
donce IN this case, Inconsistent with the
prisoners guilt he cannot be convicted.
OPENING SPEECH.
Mr.. Meredith, after a few words OF
compliment to the intelligence of the
Jury. said that he assented to and ap-
proved entirely Of the instructions.
In discussing the case he suddenly
turned around and, pointing to the pri-
soner, exclaimed: : ave don't raise
such men as that in this city. When
Sergeant Brooks arrived at Schmidts
store that morning he saw that the
work that had been done there was not
done by Richmond burglar, but was the
doing Of pTOft ,sionsl, a crook, of im-
ported convict l.hOr." Further he said
"When Mr.. Wippermann went down
to the depot, and while he was in the car
and the prisoner started to enter the
car, what did he do when he saw Mr..
Wippermann? lie ran, or if he didn't
run, be walked away very fast. Does
that seem like an honest man? Again:
When Mr.. Wippermann went up and
laid his hand on and caught hold of the
prisoner, what did the prisoner say?
Nothing. Would any man with Anglo
Saxon blood in his veins, or any one OF
you, let a man, citizen, come up to you
and catch hold Of you without saying
word? Wouldn't you have knocked
him down?
WHAT DO YOU WANT ME FoR?"
"But when Sergeant Brooks came up
what did the prisoner say9 This,
What do you want me fOr!' lie
didn't ask, why do you arrest me?'
as an honest man would have asked,
but What do you want me for or,
in other words, Which one Of my in
Vulnerable offences do you want me
for? And when Sergeant Brooks an
swered, | arrest you as a suspicious
character he pulled out a pistol.
When that one was knocked out of his
hand be pulled another one out of an-
other pocket. Is it customary for an
honest citizen to have two hip-pockets
and carry around q brace Of pistols,
and attempt to shoot man who tries
10 arrest him as suspicious character9"
Mr.. Meredith presented the chief fea-
tures Of the evidence with clearness
and force, and asked for q verdict of
guilty.
THE DEFENCE.
Mr.. Allan, for the defence, said that
he bad come into court prepared to re-
but any testimony that might be intro
duced by the Commonwealth to prove
that the tools used at Schmidt's store
were burglars tools. lie was sur
prised that the Commonwealth had not
brought in evidence with this intention.
lie did not think, however, that it
looked at al like the work Of pro-
fessional burglar for him not to be
armed with burglarious tools, but it
was necessary, it seems, for the man to
break into blacksmith shop and steal
4 sledge- hammer TO use mile away at
Mr.. Schmidt's store.
THE SMITHS.
In referring to the length Of time the
man who came in Schmidt's store took
10 find the name Of Smith in the City
Directory, Mr.. Allan said Does it seem
queer that stranger should take our
City Directory with which he was un-
familiar and take five minutes to find
certain Smith, who was formerly
shoemaker in Washington? In that
Directory Smiths, Schmidts, and
Smythes are all mixed together and
cover pages and pages. - guess" he
added, "if were to call on all the
Smiths in this courtroom now to squat
down, and they all squatted down.
in doing so such a oommotion would
be caused that the administrs.
tion Of justice would be seriously in
terfered with" In speaking OF the
shooting Of Brooks Mr.. Allan remark
ed /: "While the prisoner was being
mashed down to the earth with two
hundred pounds Of the Richmond police
force pressing on him, is it improbable
that the shooting was accidental? Ser
gesnt Brooks did not see the prisoner
pull the trigger"
THE DISPATCH AS AUTHORITY.
Mr.. Allan in reviewing the points Of
the case read from the Dispatch of yes
ter to the jury the statements Of X. j.
Brooks and p. j. Burton, and used this
papers accounts Of their testimony in
discussing the meyits of the case.
Mr.. Allan attempted 10 show that it
was not wrong for the prisoner, when
be was about to be arrested as a suspi-
cious character, ian offence for which
xou cannot fine n man 10 cenfs or sand