The Daily times. [volume] (Richmond, Va.) 1886-1889, 1889-01-25
NOT GUILTY"
such THE VERDICT or THE JURY IN
THE ANDERSON CASE.
TIE COURTROOM TANNED WITH
DUSTY sYKPiTHTZERS
APerfect Pandemonium.

The defense and prosecution intro,
luced several witnesses IN rebuttal ana
.ur.rebuital, after which each side rested
he case.
Mr.. BRYAN raised the point that the
wealth should state under when
Of the three counts in the indictment
they intended to ask the jury 20 convict
the prisoner
Judge Wexford replied that such a
was unknown 10 him IN law;
The Jury may find him guilty under all
three of the counts. under two or one, OF
not guilty Of either.
The motion was overruled, and Ny.
BRYAN excepted. The court then read
the following
INSTRUCTIONS TO THE JURY,
which were acceptable to both sides
Before IN jury can convict the ac-
cused they must be satisfied from the
evidence that he IS guilty of the offence
charged in the indictment beyond rea-
sonable doubt Ii is not sufficient that
they shall believe his guilt probable only,
no degree Of probability merely Will
authorize a conviction, but the evidence
must be Of such character and tendency
a. 10 produce moral certainty OF the
persons guilt 10 the exclusion oil rea-
sOnable doubt.
-. Each fact which is necessary in he
chain Of circumstances TO establish Inc
guilt Of the accused must be disiinliy
proved by competent legal evidence,and II
The inrv have reasonable doubt as TO any
material fact necessary 10 be proved III
order 10 support the hypothesis OF the
prisoners guilt to the exclusion OF every
other reasonable hypothesis, they must
find him not guilty.
% The law presumes a prisoner al
WAYS innocent of the charge alleged
against him till he is proved to be guilty
and the burden rests upon the Common.
wealth 10 prove the guilt of the accused
beyond ali reasonable doubt. No mere
remembrance Of the evidence will SUI
fee. as in the trial OF atcivil case; nor Is
it enough that by conjecture or specula
ton he be supposed to be guilty, but the
iurv must be satisfied by the evidence
that he is guilty beyond a reasauoie
doubt.
"The jury are further Instructed that
beforeJbsy. Ga find a verdict OF guilty
mon circumstantial evidence, all the
circumstances given in evidence Of time.
lace. motive, means, opportunity, ana
conduct must concur in pointing to the
prisoner as the perpetrator OF the crime
"The jury are instructed that circum,
,tantial evidence must always be scanned
With great caution, and can never justify
. verdict of guilty, especially OF a crime
he penalty of which is death, unless the
circumstances proved are of such a char
lcter and tendency as 10 produce upon
air and unpreiudiced mind moral CON
.iction Of the guilt of the accused be-
,ond all reasonable doubt
ARGUMENT BEGUN.
Argument was opened by the Com
aitorneyG. WThomas, who
made the usual congratulatory remarks
% the Jury. HAS a crime been com
nitted = he asked. 1T unnecessary 10
argue that point You must enquire
nto the case. Was the prisoner in the
Did not the tracks point to
bis house, Was he not there, and had
he opportunity, if he desired to com
nit the deed ~
lie explained the three counts in the
and proceeded 10 review the
evidence in order to establish the TACT
hat David Anderson was the criminal.
he called attention to Rev Mr.. Halls
of Anderson, because the
profile of his assailant was so wildly
impressed on his mind that were be an
artist he could have painted II. Ihe
sound of his voice made an impression
and it was distinctly remembered 10y Mr..
Hall when he next heard the prisoner
speak
Mr.. Thomas next spoke of the shoe
racks; how il was proven that Ander-
sons shoe fiji the tracks and ridiculed the
Efforts 10 disprove the fact that they
were Anderson's tracks, because the i'm
preston of a patch on his shoe could moi
be seen in the mud.
lie spoke OF the heard, which he was
sure had been cut of after the crime was
committed. and that the man who as
.aulted Mr. Hall and wore the beard was
David Anderson.
\ recess was taken at 2.3O uniil4 p NJ.
AFTER RECESS.
At330 p. NJ. yesterday the defense
began with their argument, Mr.. William
II. Beyeridge leading of. On the in
of the court alone, he was
positive that the case would be dismissed.
lie asked the jury whether Mr.. Hall, the
only man who saw the assailant, and be
only for a moment, whose evidence he
aid not dispute, could tell whether II was
the negro or the Swede arrested about
the same time as suspicious character
who was the assailant He argued at
length about the fact that the prisoner
was never arrested until a reward was
offered, and then the sheriff who had
the tracks, and now runs a de-
tectiye agency, had, with Jack Wren 5
assistance, put their hands on David
Anderson. He reviewed the evidence at
length, and for more than an hour lie
discussed the impossibility of everybody
uniting in an accurate statement as 10
the beard the prisoner wore. In the
CluVerius case there were numbers who
swore that that prisoner did not have a
and q similar number who tes-
tilted that he did Why can you not
believe that the same difference of opin-
ion should exist among Witnesses as to
the condition and length of David An
derson's beard.
He spoke about the shoe tracks, the
of proving that the shoes
of David Anderson, and the tracks could
be found to have been exact. The shoes he
wore when he came 10 Jail were different in
figure from the contour of the track. lie
picked out from the evidence . number
Of men of the same color and cut Of
beard as that of David Anderson, and
then asked if Mr. Hall, whom he knew
told the truth, could not be mistaken in
picking out David Anderson as the man.
Ii was agreed among counsel and the
Judge that the argument should keep
right on, and Mr. George Bryan then
began the closing argument for the pris-
Oner
Mr.. Bryan spoke from $50 until I
o clock. lie reviewed the evidence and
the law and criticised the theory of the
Commonwealth; showed how there was
a lack of motive and lack Of opportunity.
He reviewed the instructions of the
Court. His speech was strong, forcible
and convincing.
Mr.. Thomas, the Commonwealth at
torney, closed lie began at 7.30 o'clock
and finished al Slj.