Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1889-03-08
LEASE OF LIFE GIVEN.
REV TRIAL Pos a MAN WHO WAS CON
DHMsHD TO DEATH.
An Error Fouud In the Instructions Given
the Jury by the Circuit
Judge.

/ county OF GreenesyiIe, Randall Watson
sDot and instantly killed Joseph Robinson.
| Watson was found guilty Of wiIful aud pre-
meditated murder ADD WAS sentenced to be
/ hanged January q, 1883. The scafold had
been built and the coffin Of the prisoner
/ made, when further proceedings were
] stopped by a writ Of error aud sVpersededs
Of the Supreme Court obtained by prisoners
attorneys, Davis & McIlwsine.
There were numerous errors assigned as
10 the rulings OF the trial court, and the case
/ bsying been argued some time ago the Su-
/ preme Court OF Appeals yesterday, through
Judge Lacy, delivered its opinion, as follows;
Opinion.
| This Is a writ OF error TO judgment OF
the Circuit Cont Of GreenesTille county ren.
dered on the 27tb dsy OF October. 1887.
The plaintiff in error was indicted for the
murder OF one Joseph Robinson 10 the said
county, and upon the trial found guilty OF
murder In the first degree by the verdict OF
| the jury and sentenced by the Court to be
/ hung.
TIE HOMICIDE.
The Killing was on the 2Gth day Of Deem
! her, 1856, With a shotgun, and was done in
! the presence OF number Of people, and was
/ the result OF good deal OF previous contro-
I versv, including both fighting and abusive
| language, on the part of both parties.
A number OF exceptions were taken at The
! tri,l and the evidence was certified, and
/ motion was made TO set aside the verdict
and grant the accused a new trial, which
was oVerruled, and the plainlfi In error
sentenced in accordance With the verdict.
| " hereupon the plaintiff in error applied
I = a
/ court.
The ERROR.
The first error assigned is az 10 the action
| OF the Court In the instructions given by the
| Court, and the action OF the Court in re-
! iusine the instructions asked for on the trial
! by the accused. Among those given was
/ the following:
"Y. The Court will i.struct the jury that
/ n they believe from The evidence that Joe
| Robinson used the most grievous words OF
! reproach, aggravated with the most pro.
vOking circumstances, and upon such pro-
vocation Randall Watson msde use oil
/ deadly weapon TO kill Joe Robinson, then
the Jury must find him guilty OF murder IN
the first degree"
THE GIsr OF TUE NATTER.
1t is coutended by the pllntiG in error
/ that this instruction presented as a prop)si-
/ ton OF law that all killing done with dead
, ly weapon, no matter what grievous words
! were spOken or however provoking may be
! the circumstances, is murder in the first de-
/ gree.
Tux PRESCRIPTION.
While II is true. as a general proposition
! OF law. that q man shall be taken 10 intend
that which he does, or which Is the imine-
| diate or necessary consequences OF his act,
| and when a man shoots smother down WIN
a shotgun the presumptiOH that the kulng
was intended IS a rational one, II Is equally
| true that every killing i presumed by the
| law 10 he murder in the second degree, ana
| the burden is upon the Commonwealth TO
raise il by proof to murder in the hrst de-
| gree.
THE Use OF A DEADLY WEAPON
II cannot be proper in any case to instruct
| the iurv that the Use OF q deadly weapon by
| the SLAYER Alone raises the crime TO the degree
! OF murder IN the first degree IN the absence
OF proof OF the characteristics OF that crime,
| and IL certainly can never be proper 10 in
| struft the Jury that this presumption Of
| law arises 10y the use OF deadly weapon
| superior 10 all proof or insults and provoking
circumstances, whatsoever they NAV be,
adduced by the defendant at tee trial In eX-
tenuation OF his crime.
RESERVED.
This instruction does not correctly ex-
Mound the law. II was error 10 give u, and
! for that cause the judgment must he re.
yersed and the verdict set aside and a new
trial granted to the accused.
There are many other errors assigned. but
| IL Il not necessary TO consider them, as IN the
view we take OF II the case Will have 10 20
back ior a new trial.
WAS IT GIVEN BY THE JUDGEY
The At,orney. General argues that this
instruction VS. not In fact given by the
Judge below, because The Dill OF exceptions
sets forth that seven Instructions were asked
for by The . commonwealth, aud SIX given
and one rejected. and only five instructions
appeared in the record, and the Clerk hos
given certificate that only five were asked
for by the Commonwealth, all OF which
we're copied by hun. But We can only con-
slder the case uD1n the record a. made 10y
the tourt, and the certificate Of the Clerk as
tO vbai was done or was not done cannot
add TO or detract from the record s. made oy
the Court, and certainly we cannot IN any
case allow the record as certified by the
Court to be cOntradicted and nulhhed by the
recollection Of the CLERK.
THE JUDGES CERTIFICATE.
The Judge has certified that he 60 instruct
ed the Jury, and Of that fact there. can be no
question in this court raised by the Clerk.
| As WAS said by this Court in De Jarnelte'-
case (,5 Virginia Reports, $50 we have
carefully refrained from any expression or
even intimation OF opinion with respect to
the character and nature OF tue deiei &c made
for the accused. This il matter for the
iury exclusively. our duty Is performed in
seeing TO IL, as far 81 within Us lies, that the
nrisoner obtans far trial by an impartial
| iury according 10 the established principles
and rules OF criminal law recognized by the
courts and enforced by the Constitution aud
laws OF the country.
NEW TRIAL.
we are OF opinion for the reasons stated
N reverse the judgment OF the Circuit Court
| OF Greenesyile county and to set aslde The
verdict OF the jury and award to the accused
anew uisl.
The prisoner is a colored man; so was
deceased.
OTHER CASES.
whitehead against Whitehead. From the
| Circuit Court OF the county OF Nansemond.
Affirmed, Judge Faunteroy delivering the
opinion.
| Hambeton & Co. against Genn's admin
jstraior. Further argued by Major J.. X.
Page for appellants and John Howard aud
| Colonel Charles Marshall for appellee, and
submitted.
CIRCUIT-CoURr MATTERS.