The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1891-01-09

| tho Hustings Court, wherein was being
tried John Il. Boyd on the charge OF hav-
ing placed dynamite or other explosives
under the dwelling of Sarah A. Worton,
with intent to destroy said dwelling.
This crime had been made capital
ofrcnso by the last session Of tho gen
eral assembly of the State of Virginia,
and Boyd's trial was the first case to
| come up under the new law.
Although the case had attracted but
little attention the day before, tho story
| OF tho morning papers caused large
| crowd to assemble at the courthouse to
hear the closing OF the case.
Colonel IIansbrough led of with the
closing of the defonse. Ho assailed the
testimony CT the ton, and said
thai from the evidence presented the
only way in which the jury in this case
could reach n verdict was to guess a it,
Ho nbjured them not to guess that
Boyd WAS guilty; they should rather
reason that he was inn cent, and il they
could not do that, then it was their duty
to give him the benefit OF the doubt.
While thinking most highly of Mr..
Smith, he said that Commonwealth at
torneys were prcdisposed to balievo
every one charged with crime 10 be
a fact, for he had been such at enc time
himself.
"NoLhing," said Colonel Hansbrough,
sis more sophistical than human reason
ing.
ut was c,uel misfortune that led
John Il. Boyd into those bushes in
drunken cond tion that ovonuful night
but from til tact it should not be
reasoned that he was guilty OF doing
the foul deed.
Boyd is 4 man Of toll at times ad-
dicted to drink. 1t is true no is not
II larlor Knight; but his appearance
should not LIE used against him. lis
hands are ingraiued with the stains Of
toll, which will not wear out as long as
ko does live.
but he should not he tried and con
victc6 because lie is not pretty man
ike '--(gaGing at the Commonwealth
attorney ''lille scmc enc else"
Colonel Iiansbrough drew Il picture Of
tho awful consequences which would
follow mistake, and explained what
his idea was of a reasonable doubt.
Roy Il. Smith followed for tho State
in clearcut summing up Of the posi-
ton taken hy tho Commonwealth, and
declared that ho had 10 personal
malice. lIo was sworn 10 do his duty,
ana was then ondoavoring TO do it.
His principal argumcntin closing was
10 the effect that tna severity OF I'll law
was not SO much ,opunish a man Jordan
ages dono as it was to protect society.
rho jury was not to punish defendant
Tor the damage done, but for the intent
and tho damage which might be done
At the conclusion OF Mr.. Smiths ad-
dress tho judge delivered instructions to
tho jury. OF which tho following is q
summary: First-Whilc conviction of
felony may be made on crcumstantial
evidence yet only when that kind is
presented by the commonwealth the ut
most care and caution must be used in
coming to a verdict OF guilty, and unless
further evidence to the exclusion or
every reasonable doubt, and to a moral
certainty the jury believe the prisoner
did perpe tratc the o!fense as charged in
tho Indictment, the jury find him not
guilty.
Second. a reasonable doubt Was de-
fined Us such n doubt as is calculated to
cause man of ordinary caution and
prudence to hesitate in the performance
of business OF serious Importance to
himself.
Third. That suspicion is not proof
and that's thousand suspicious are not
equal to ono fact, and the maxim Of the
common law that lit is better ninety
nine guilty ones escape than that one
Innocent ono be punished" is founded
on sound principles Of law and Of the
rights of man.
Fourth. If admitting the facts proved
by the commonwealth anything can he
found by the jury consistent with the
innt ccnco of the prisoner and consistent
with the facts that the jury believes to
be proved, then it is tho duty OF the jury
TO lind him not guilty.
The jury thereupon retired and after
an ahscnce OF an hour returned with Il
verdict Of guilty, and asscss,d the pun
ishmcnt at ten years confinement in
he penitpntiary.
After the jury was polled Colonel
liansbrough gave notice that he would
III tho morning move to set aside the
verdict OF the grounds OF an illegal jury
panel, hearing on which motion was set
for 10 a. III. to-day
a Cold f).ty fn Unn yir