Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1888-07-12

ssgeu IN reading authorities and repors, a,
"'uersnt celebnted murdsf cases.
~ one TINE the colored people assembled
~ .ne court begsn 10 applaud Mr.. WaSdlI,.
VI. me Judge Noppta Il By saving that he
"ouio send Oh the offenders to iai.
Mr.. ALLAN srEAxs.
Mr. Edgar Allan. counsel for Godsey. said
.uat rs The Commonw calths Attorney's a..
aocis'e bad opened charging the prisoner
WIN murder In the first degree, the theory
aud zoe OF argument must be observed BY
INC Commonwealth Attorneys
Ibe Commonwealth has said 10 you, at
v the lie OF the accused or an acquittaln;
anu accept the Issue which the Common
wealth hss rendered. accept Il TIE more
readily because my friend has said the owl.
dence before the Coroner's jury was only CO
pare. wonder what be thought OF the
evidence DO was giving TO this Jury.
mr.. Allan eaustically commented on the
comparison OF this case made by opposing
counsel with the Jeter Phillips and Cluye-
RUS cases.
He admitted that the Onesty case was
aud "now," said he, "gentlemep. let
me say 10 you that all human testi-
mony IL not Of equal value; that
some human beings have mental power
making them mote valuable than others
that slight variation IN technical points
does not shake the testimony. but the con-
nictiOn Of principal points does
Mr.. Allan declared that Dsyid's table was
the only one not Strengthened mp at the time OF
the shooting. goipg to show that David was
remiss In his duties, and was therefore sub
iect 10 the orders Of Mr.. 6odsey com.
handing him 10 return 70 the table and
finish his work, according 10 the welI.estab'
lished rule OF the hotel that each waiter
must set bis table IN order before leaving the
diDing-rOOm.
SIR. Allan said that the evidence Of all The
Commemorative witnesses conflcied in the
most important points; that they oil contra
dicted each other and cOntradlcted them
selves. lIe spoke about three hours and
bali. most OF which time was consumed In
comparing the evidence OF the witnesses
with The statements they made before the
Corouei's jury and showing what be claimed
to he gross discrepancies.
Mr.. Allan deduced from Or. |. II. Whites
testimony that the pistol.shot wound received
by Mr.. Godsey about fifteen years ago was
% such 4 character As TO affect bis tempera.
ment and 10 make bin more than men ord-
naI1ly pre subject to outbursts OF anger;
that In this case hr. Godsey. while endeavor-
ing 10 get David Glsss TO return 10 his table
and finish his diy's duties, bad not only
been provoked, but iusultcd, and when the
difficulty arose Mr.. Godsey, feeling
the chair about 70 descend Upon
his head, did what any other nan would
have done--proceeded 10 defend himself 10
the beat Of his ability. once begun the
light was so rapid and continuous that none
II the witnesses OF the Commons wealth have
been able accurately 10 describe 1t; but Mr..
A Ian insisted that there was no doubt that
Glass struck Godscy several blows with the
chair and threw a heavy plated pitcher nc
bin; that (iodsey felt that his life was
in danger. and WAS therefore justified
in protecting It with his pistol.
Az about 5:4j O'Clock Mr.. Allan concluded
his argument and Colonel SpOtswO0d fcl-
lowed Immediately. He spoke about an
hour and explained the instructions to the
jury; commented on the argument OF Mr..
Allan and urged the jury TO give the case
and evidence before them their careful con.
sideraion.
WAITING FOR THE VERDICT.
At $3.50 O'Clock the Jury were conducted
to the Sergcants Office under charge OF
Deruty-sergeant Macon.
In about FIVE minutes they returned TO the
court room and stated 10 the Judge that they
bad failed to agree upon verdict, and were
thereupon adjourned for half an hour, when
they went to the hotel. got their dinner,
and took a walk IN the Capitol Square.
About 7:15 +. NJ. they returned to the
courthouse aud we're again sent TO the Ser
eesnt's Office, whore they remained about
thirty minutes. Returning to the court
room. they stitGd to the Court that they bad
still failed 70 agree, and tbereupon they
were adjourned until this morning at 10
~ clock