The times. [volume] (Richmond, Va.) 1890-1903, 1891-10-25

lived at all Unless the evidence was so clear
and convincing as TO leave no nanno'
of doubt. the Jury was in duty bound 70 &C
Quit Mr. Dsshiell In order to convict the
accused the Jury would have to satisfy them
selves of three things That tho note for
O. $50 was forgery: that at the time he ut
tered il he knew it 10 be false, and that ne
gave the note in bank with the intention Oh
fraud. A.,
case and spoke for an hour. According TO the
agresment made between counsel Tor the de-
fense CAPTAIN John s. Wise in his turn took
charge OF Mr. Dsshiells case tor the next
hour.
CAPTAIN WISE.
He began by saying that never in all his
life had he felt deeper and more sincere IN
terest and more painful solicltude thhn 70 the
present case He did not pretend that he
was an impartial umpire. but he might be
biased by his sincere sympathy tor the prs-
oner. not only as his lawyer. but as his at
tached and devoted friend. whom he knew
from his childhood. who had been solder
in his command. intimate in his family and
an uniagging and sincere follower IN ali his els
deavOrs.
CAPTAIN Wise in his peculiar and able man
ner. advocated the side of his young friend.
and held out all the points that could be
made in favor of the defendant.
Hon. George ID. Wise brought up the rear
of the learned counsel for the defense. he
told the jury that in this case he occupied
pecular position in having TO follow two very
able gentlemen who had gone over
the whole case and had pointed out every
argument possible. However he would
endeavOr in the time during which he
should occupy the attention OF the Jury TO
again impress the reason why he thought the
prisoner AT the bar should not be convicted.
.bor, h. fraf ha afr
of his profession, which he now pract ced he
met in al old Virginia home young man of
about his own age. who had honored his
name aud By his conduct in after years made
il still more honorable. IN that Old Virginia
home he became acquainted with his sister,
n little bright glrl. almost an infant.
The gentleman whom he alluded 10, and who
had become his friend. died defending the
homes Of Richmond al the head of the Blac
Horse cavalry-COlonel Robert Randolph, of
Fauquler, whose niece was the wlte OF hr.
/ ash ell. II the verdict should be found
against him il would almost Kill his wife, and
he was present 70 prevent if he could. that
stroke and he ielt it his duty to do 50: not as
a hired attorney. but as friend OF his wife,
who was the niece of his friend 70 save her
husband from what he would believe 10 DO an
outrage upon justice.
lie then went into the case and endeavored
TO show the motives which might have
brought about the ACKNOWLEDGEMENTS VI tho
case.
Mr.. SMITH.
After Mr. Wise had ended Commonwealth
Attorney Smith. in "a speech which lasted fifty
FIVE minutes. endeayored TO refute the argu-
ments advanced by counsel for the defense.
At 9l5 o'clock the proceedings bad come
to an end and the jury was taken out INTO Their
room by Deputy Sergeants terpey hough,
Epps and the clerk.
The Jury was out forty minutes. and after
their return when asked whether they had
agreed upon verdict Mr.. Charles NJ. Wal
lace on behalf of the jury, stated that they
had been unable TO agree.
The Court stated that he could well under
stand that this was case which the jury
would like 10 consider.
Juror hughes waited TO know how many
Of the unpaid Ludwig notes were still out
standing.
The Court stated that this was for the jury
to decide the case had gone out Of the
Court hands and neither the Court r
counsel could give them any information on
that point
The case was then adjourned until to-mor-
row morning ~ 10 o'clock, and the jury was
taken back 20 Murphys Hotel. to be kept
there in custody until tomorrow morning.
MIR. Dashiel WAS taken back to the CITY jail
in charge of Deputy ergeant McCabe.
it is understood that the Jury stood eleven
to one for acquittal. and that Alderman John
L. Hughes was the wavering Juror.