Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1893-05-13

offered. He referred 10 the lact tlaI
Phillips on his first trial had omitted to
state that he went home and saw his
sister after the CroSsman woman had
impaired Smiths words to him, and
asked what reason there could have
been Tor such singular forgettulness
when he had been on trial for his life.
He also asked why his sister Mrs. Ro-
land) who said she witnessed the inter-
view had not appeared at the first trial.
The fact that this evidence was not
then produced was prima .tacie evil
dence it did not exist at that time.
There was but one solution-blood is
thicker than water; it was desperate
case. and that sister at such crisis
doubtless will endeavor to reconcile her
conscience to anything TO save her
brothers life. He, however, no matter
how much he might pity the
family in their dire extremity, could
not allow his mind to be so be-
logged as to take her statements
for truth. DIR. Johnson reiterated
that the defence had dared not
place Smiths alleged victim on the
Stand. They knew they would have TO
prove the charge and they knew they
couldn't. The fact that they failed to
put Julia Phillips on the stand made
her testimony null and void. MIR. John,
son, after having spoken 3 hours and
10 minutes, summed the case up as
coming under the head of murder in
the first degree, and said the last words
of George Smith covered it all: JET
Phillips shot me for nothing; it is hard
to be shot down like dog"
Judge Norton then delivered his IN
structions to the jury and at ll:3O
o'clock they left the room. The follow
ing is taken from the instructions:
That if the jury believe from the ev-
idence beyond a reasonable doubt that
the prisoner inflicted the injury which
caused the death of the deceased, and
at the time was capable of knowing the
nature and consequences of his act, ana
if he did know then that he was doing
wrong, and that, so knowing, he in,
acted the injury upon the deceased
with the wilful, deliberate and premed-
itated purpose of killing him, then they
will find the prisoner guilty of murder
in the first degree.
The court instructs the jury that
every man is presumed to be sane and
to possess sufficient degree of reason to
be responsible for his crimes until the
contrary is proved to their satisfaction
That if they believe from dis
ease of mind he did not know he was
doing wrong, then they will find the
prisoner not guilty.
The jury are instructed that to con-
stitute murder in the first degree 1t Is
not necessary that premeditatcd design
to kill should have existed for any par
ticuar length of time. If, therefore,
they believe from the evidence that the
accused, as he approached the deceased,
and first came within view of him at
short distance, then formed the design
to kill him, without any provocatlon
then or recently received, it is murder
in the first degree.
The court further instructs the jury
that if on the night of the killing the
defendant became aware of or acquired
knowledge that the deceased had Sc
duced or had sexual intercourse with
the accused's sister and that thereby
the prisoners reason was so dethroned
as to render him incapable OF commit
ting wilful, premeditated act, the law
will not hold him responsible.
Then followed the instructions as
to murder in the second decree and
voluntary manslaughter, threats against
the accused, his imminent danger, &c.
The court instructs the jury that men
when threatened with danger must de-
termine from appearances and actual
surroundings as to the necessity of re-
sorting to self-defence. But the appear
ance or actual state of things must be
such as afford reasonable ground OF
imminent danger to his own life.
The crowd, which was then very
dense, waited in suspense for forty min
utes when it was announced the jury
was coming. A dead silence followed.
and the Judge said he did not want any
EXPLANATIONS or acclamations when the
verdict should be announced. The
jury marched in, took their places, and
Mr.. VIM. Baker, their foreman, handed
paper to Judge Norton. While the
latter was reading breathless suspense
followed, but, to the disappointment OF
all, it was announced that the jury was
unable to agree and an adjournment
until this morning followed. 1t was II
o'clock when the courtroom was va
Gated.
For an hour before the time set for the
reassembling of court this morning
crowd had assembled around the north
and east entrances to the Court House
anxiously awaiting admission: Occa-
sionally a lawyer or court officer was
admitted and the others in the assem-
blage kept back. John McCuen, Dep
uty Sergeant, acted the part of tiler,