The times. [volume] (Richmond, Va.) 1890-1903, 1894-11-23

provocation. to the nature OF the act by
which death was caused. to the time
which lapsed between the provocation
and the act which caused death TO the
prisoners conduct during the interval.
and 10 al the circumstances tending TO
show the state OF his mind at the time
ne committed the act.
ACTING IN HEAT OF PASSION.
II the Jury believe from the evidence
that the prisoner at the time he fired the
fatal shot was acting In the neat OF
passion. engendered by the WORDS spoken
by tho deceased to or about the wife OF
e prisoner. and that said woIds were III
themselves calculated to provoke high
degree Of Violence-that sufilclent tine
had not elapsed since the WORDS were
spoken for the passion engendered there-
by TO cool and subside. then the khllne
Is murder of the second degree, but II
the jury believe from the evidence tnat q
sufficient time had elapsed since such
words were spoken for the passions en-,
gendered thereby TO cool and subside. ana
that afterwards the prisoner went 10 the
place of the fatal encounter. armed Win
a deadly weapon. for the purpose OF XIII
ing the deceased on account or such WORDS
so spoken to or about his Wle, anu uIn
XII the deceased on that account, VII
fully and with malice and prenedltauoh:
then the prisoner is guilty OF murder OF
the first degree.
premeditated killing, IL Is not necessary
that an intention to kill should exist Tor
any particular length OF time, prior 10
the actual killing; II is only necessary
that such intention should come INTO
existence for the first time at the time
Of such killing or any time previously
THE PR soNfRs MISCONDUCT.
On a trial for murder the necessity
relied on 10 Justify the killing must not
arise out of the prisoners own miscon-
duct.
II the jury believe from the evidence
that the prisoner at the time OF the
shooting In this case believed he was
in danger Of his life. or OF great bodily
injury. and shot to protect himself there
from they should not find him guilty OF
murder even though they should be
satisfied that his belief was unfounded.
II the jury believe from the evidence
that the prisoner at the time OF the
shooting believed and had reason 10 be
iieve, that he twas In danger OF his
life. or Of great bodily injury and shot
to protect himself therefrom they should
find him not guilty. even though said be
lief afterwards turned out to have been
Unfounded.
A short recess followed the reading Of
| the Instructions by Judge 5. b. witt, and
then Mr.. Marion L. Dawson began TO
argue the case for the Commonwealth.
He spoke for nearly half an hour and
delivered "A very able address. TN which
he referred in "A feeling manner to the
circumstances surrounding the homicide.
lie said among other things
MB. DAWSON opINs TIT ARGUMENT.
Mr. Marion l.. dawson Optlcu the ar
gumcnt for the Commonwealth, and be-
gan by saying that ne was conscious OF
the solemnity of the occasion, the gravity
of the issues at stake, and the fact that
the FIFE and liberty or the character OF a
fellow man hung On the decision OF the
| hour, and after briefly alludinB to the
fact that he was glad that the defence
! had been conducted in manner 50 pro-
! pitiouS TO the accused, and by such able
| counsel, he began at once a concise re-
! view Of the evidence.
tie said that since his association with
! the case he had spared neither time nor
] labor in his efforts to ascertain what the
true facts In the case were, and that
now that all the evidence had been sub
mitted, there did not lnger in his mind a
doubt Of the guilt or the principal and
star actor In that fatal and bloody drama
| which was acted on the 10Th of Deem
! Der last; that he believed every wrong
| which had been furnished in the chain
| of evidence bound the accused more close
! ly 10 his crime; that every ray which
J had been thrown upon the accused from
the search light Of truth more clearly
| exposed the certainty Of guilt TO the
atrocity of the act that his opinion had
| been formed from careful consideration
OF all the evidence which had been in
| troduced
POUR FUNDAMENTAL PROPOSITIONS.
In reviewing the case he said that four
! fundamental propositions should be de-
cded-Hameiy: First. whether there had
been a murder committed, second, under
what circumstances was the act done,
third VINO was responsible, both TO God
and 10 man, for the act, and fourth, what
were the circumstances relied on by the
defence as an excuse for the crime. lie
then went on TO show that it was ac-
knowledged that the accused killed the
deceased, that he and his companion Gaul
hunted him out, and that the accused
engaged him in quarrel which ended
only with his life.
He then stated that the only points in
dispute were whether the eXtenuating cir
| killing or whether it was done
by the accused with the respon-
sible apprehension that his own life
was in danger, or that he was in danger
| Of great bodily hurt.
He then TOOK up the evidence of the
witnesses one by one, and commented on
IL for the purpose OF proving that the
plea of self-defence relied on was alb
surd Tor The reason that the deceased
had no weapons about him, while his
aSsassinS Were armed with a pistol and a
stick. and also that the wounds which
! he tthc deceased received, were received
in the back. Mr.. Dawson also said, In
commenting on the plea of Sclf-defenCe,
that il the accused had sought TO have
excused the killing on the grounds IF
insanity, that, In his opinion. the best
evidence of mental arrangement would
have been the fact that he had sought 10
defence.
THE ALLEGED INSULT.
Mr.. Dawson then, after briefly review
ing the law of selt-defence, passed on
| to the alleged insult, and showed that
though the burden Of proving the ex-
tcnudting circumstances rested with the
defence, that the testimony which they
had introduced was more than over
| BALANCED by that which had been intro
duced by the Commonwealth in rebuttal
of 1t. The counsel then said that though
2 much of the testimony OF the witnesses
for the Commonwealth seemed to be
contradictory, that this was not nm
natural. because Of a wcll-knoWn fact
that I'm times OF excitement different
Impressions are made on different minds
though they may all agree as TO the
the testimony OF the witnesses did not
conflict as TO the leading facts OF the
case He commented iu scathng terms
on the testimony of GIul, whom, he
saIc, haE acknowledged with such smil-
ing c0mPlacence that he has sworn TO
what he knew was untrue. and had been
as ready to be conducted along the path-
way of pertidious falsehood on one oc-
casion as he was along the path OF truth
on another.
Mr. Dawson urged the jury TO weigh
the facts well and 10 render a verdict
in accordance with them. In speaking
on this subject he said:
IF We still profess to have a law in
this proud old Commonwealth TO redress
wrongs. to punish guilt, and 10 guard
society, as you value the honor Of your
State, the reputation OF your city the
security Of those who are dear to Won
see 10 IL that when you render your
verdict that you maintain the dignly
Of the law. that impartial Justice is done
s,gaA hng q g...R -,