Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-08-17
NEARING THE JURY.
Closing Hours Of The Famous Goodman
Parsons Murder Trial.
THE INSTRUCTIONS GIVEN.
Portions Asked for by Both Sides A'
loved By The Court.
LAWYER CRAlG'S ARGUMENT.
lie Speaks Of tho GLADYS Inn Tragedy "
"Red-uanded Murder" and Is
Severe on the Prisoner
THE INSTRUCTIONS GIVEN
LAWYER CRAlG'S ARGUMENT.


81 c0yrN,TON. VA. August i6.-tSpe-
81 x,.tA Tho Goodman murder-case :s being
81 ,,,i. cottcn In readiness for the con-
81 ,ileration Of The jury.
II The evidence has been concluded. the
Courts Instructions. which are voiumi-
nos and embrace nearly all Of the ma
a t,.al points asked for 10y both sides.
4 lr,c been given. and the argument Is In
a progress. having been begun late this
4 afternoon BY Nit. Craig. who Is assist
4 inl .n tho prosecution.
The spcrchmaklng will consume all OF
4 tomorrow. and may extend well into
saturday. a verdict may be returned the
latter day. but n the jury ind difficulty
/ IN rraching an agreement. as many think
vii be the case. Judge Moore VIII doubt
/ less keep them together until Monday
s. the prisoner walked around from the
Du this morning he held an umbrella
4 over his true and devoted wife 10 pro-
,ctt her from the sun. Their children,
Alma Samuel John. Matte. and Thomas.
r.rrinr in age from II down TO years.
followed them into court, though they
d3 not remain long Among the interest
a spectators was Officer J. J. Walton.
Of ,he Richmond police force. neigh6or
am close friend of the prisoner.
tEGliNG INSTRUCTIONS.
TIE whole of the morning session to-
a l,, WIS taken up in argument upon in
"a .,-artuuS AN FIVE Of the attorneys
81 ..t.r- part in the discussion The pros
e..-..4 .sgtufeGn Instructions ana
81 ,,o los.n-c eight. The chief points OF
81 lt~c-sr-o between counsel was with re-
81 .~r4--a 9, what constitutes cooling
ro.." the imminency Of danger. ana
4 whether ne prboncTs own n-Scoh-
l.-," .houli be taken into consideration
g., determining the question Of provoca-
..o While Nr Anderson, WAS arguing
,-. II these points Judge Moore re
r..rL.i that ne was listening, although
,.t.rr notes. Il know you are. your
if,ror: YOU do not allow us. Ike one
90 our distinguished jurists. to talk TO
your f,ct'
WHAT THE COURT ALLOWED.
lulre Moore. after few hours OF eX-
.,,Ir.finu. announced thai he would give
DID,. az the instructions asked by the
prosecution. several of them however
..sired d som, extent. and that ne
bad aIoptrl seven out Of the eight OF
Il D H
was the fourth. Mr.. Parrish excepted
Oh this ruling ana then prepared new
Il section which was allowed and appears
A l.ia,v. TN. defence also excepted 10 the
4 Courts action I'm adding the latter clause
! (, u,ir nfth sixth. and seventh para
rr.phs. Mr.. Allen read the instructions
fr the Commonwealth, which are as
follows.
4 c0MMONWEALTHs INSTRUCTIONS
That murder is the unlawful killing
az another. with malice. which may be
..,l or implied. and Is distinguished
g. Nueiuia As murder IN the hrst anu
...ts.r in the second degree.
,-yrrv homicide in Virginia Is pre-
......l In aw 20 be murder In the second
,.r.-. Boo order 10 elevate the ouence
4 murder in the first degree. the burden OF
Il J.,.t is upon the Commohweaitn- anu
..r t,ea the offence TO manslauGhter, the
f.,i.n Il proof rs upon the prisoner.
De-, constitute murder Ia the first de-
.r.a the prisoner must have been melted
., tI. killing by malice. and the klllhs
q .r,-, have been a wilful. deliberate. anu
81 fr.-u,IitateI act on the part OF the prs
y ...r-fAtt IL 10 say. he must have willed'
4 lif.raiei. and premeditated that ne
n ....i kul the deceased or do him Sc
-.v bodily injury. the necessary
r..l; - which would he his death, ana
{, a. which he died. But II Is not neces-
..-- mat the intcnt to Kill, to make such
i,f... viiful. deliberate and premedl-
Il t.l,i should exist any particular iensth
81 q. tn. prior u the act Of killing Tor IL -
q r. r..,ssary that such Intention shouil
4 ,.,.. into existence Cor the first time at
O., time - the commi sion OF the act OF
4 lrv time previous thereto.
That on a charge OF murDrr malice IS
-r...m.I from the fact Of killing.
Wl.r. .hc killing is proved and is un-
mr4uI,i with circumstances Of pal
* l.r.u. thr burden Of dlsprOvinS malice IS
t.rlnu upon tho accused.
That vh,rsVcr the killing Is wilfui,
g. .U.rAt,. ana pgemeditated, the law III
i.r. malice from this fact.
That the rule % law IL that man
q l.u D.. tlN,n to intend that which he
= o.. or which is TIE necessary conse-
o..r.- ~ bis act.
e. That mortal wound. given with a
aesdy weapon IN the previous possession
.. GID. SLAYER without any, or upon very
-.-ht pr1Vocstion. is prima facia. wiful.
deliberate. ami premeiitatcd killing, and
throws upon the accused the necessity OF
Ir.tlrg ext,nuatiug circumstances.
That 90 sIstain provOcdtiOn as de-
q f.,.- O., murder in the first degree II
s i.I-t Doe shown that the prisoner at the
- uf the fatal shots was deprived OF
the power of self-control by the provo
n Mfll. n tF Htl lfAfNtls anu III ut-
c...rr thc question whether this was or
= u.su.t th- case. regard must be had to
ti- Character OF the provOcatiOn, TO tfe
u4tur. of tine act by which death was
.s..l to lAe time II any, which elapsed
4 between the provocation and the act
which caus,l death, to the prisoners con-
duct during the intervals Immediately
4 after the shooting. aud TO all the crcum-
stances tending 10 show the state OF his
-. h.. ftHt1 a. In shots
q That ~ they believe from the evil
4 t,uce mat the prisoner. Thomas A. Good
\ rau intended To shoot the deceased II.
g. Parsons made an assault upon said
Parsons. seizing him by the lapel of his
..ut or coliared him. for the purpose OF
.r.,oking him into shooting or attacking
/ lm Goodman. in order that he Good
| u.a, might have preteXt for shooting
fn. said Parsons and that the said Par
ans n.ing 50 provoked did throw his
f.al backwards. as II to draw pistol.
..I that The said Goodman thereupon
.r.t ana KILLED the said Parsons. the said
a. .nan h. guilty Of murder in the first
t.-Itc.
. Thaf no provocation whatever can
...I.r homicide justihable. or even eX-
ib.e. the least II can reduce IL TO Is
r..a. laughter II a man kill another sud
.r.s without any. or without con-
fHH.r IfoNocatlon. tc law HHpi'o9
u..., and the homicide is murder; but
2 N f0- revocation were great, and such
a- u.st have greatly provoked him. the
LI rr is inanslaughter only. But words
o' f.rutrh. how grevious soever. are not
If. ..atou suuicicnt 10 free the person
hiae fi1m the guilt OF murder.
Il N D. u- iary believe from the evil
dsler uat the prisoner. +. a. Goodman.
Killed tA- deceased. III. G. Parsons, by
reason ~ the letter written by Parsons
io tte Chesap,ake and Ohio Railway Com
Iany. dated June I. 1894. suggesting ac-
casarDns against Goodman In connection
With his official acts with the railway
| company, then they will take into con-
alteration the nature. the manner. and
u.e means OF the retaliation by Goodman
f0r tte pr0yocation given by the said
letter And II they believe that the re-
taliation or punishment 50 given by Good
man Was outrageous In It's nature, and
beyond proportion TO the provocaton OF
stld letter they viii consider 1t rather