The times. [volume] (Richmond, Va.) 1890-1903, 1894-11-30
RECEIVES FIVE YEARS.
WM. 7. GAUL FOUND GUILTY OF
MURDER IN SECOND DEGREE.
The Accessory 10 tho Killing OF Robert Lee
AtweIl Receives mo s me punishmsnt
as Thomas n. MoNamss

I'VE. the Jury, find the prisoner guilty
| of murder in the second degree. and as
| certain his imprisonment at five years IN
the State penitentiary," was the verdict
found by the jury in the Gaul murder
| case yesterday.
Notwithstanding the numerous attrac-
tions all over the city yesterday and the
| football game in the afternoon, DIX
| crowd of spectators densely filed the
large Hastings Courtroom yesterday 10
witness the closing scenes in the trial OF
| the case of the Commonwealth against
| William r. Gaul, charged with Deihs an
| accessory In the killing or ROBERT Lee
| Atwell, at Twenty eighth ana DOCK
| streets, on the evening Oh DeCeiiiper 80
| 1893
When the court adjourned on Wednes-
| day evening counsel for the defence inu-
| mated that one or two more witnesses
| would be produced by them In the morn
| ing, but at the beginning of yesterday ;
| proceedings the plan had been chahsSu,
| and the arguing of the Instructions 10 ne
| given to the jury by the Court was al
| once commenced. At IL O'Clock the argu-
| ment of the case was gone into by Mr:
| Marion l.. Dawson, who opened Tor the
prosecution with powerful address, thdt
| took up fifty minutes. He was followed
| by Mr.. II. NJ. Smith. Jr.. for the de-
fence, who ably r, represented his side OF
! the case Mr. Hill Carter then made a
strong appeal for the prisoner and the
closing speech was delivered by Mr. d. c.
Richardson. 1t was nearly o'clock In the
afternoon, and recess was then taken
for dinner until AIS p. NJ
THE AFTERNOON.
Soon after dinner the jury returned to
! the City Hall, and went at once into
! cons ultation of the case in the grand
| jury-room. At $40 o'clock the court recon
vened. and the jury were handed the
indictment and instructions. They once
more retired 20 their room, and il was
just O'Clock when they reappeared with
| the verdict After its announcement the
Jurors were polled individually, at the
suggestion of counsel for the defence.
and each juror answered I'm the affirma-
tive when asked if the above was his
verdict.
After a short consultation with his
| colleague. Mr.. Carter moved that the
verdict be set aside as contrary TO law
and evidence. and at his request this mo-
ton was continued until the next term
| of court.
Judge Witt announced that he would
sentence McNamce this morning and he
thanked the jury in few feeling words,
on behalf of the court and the people
Of Richmond. for the manner in which
they had attended to their distasteful ana
laborious duties. He stated that he had
never seen jury that had given more
strict and close attention to case OF
that Importance, from the beginning TO
| the close of the proceedings.
The jury was then discharged and paid
subsequently took them. to supper at
| Ford's Hotel. The jurors left on the mid
/ night train for their home in DanvlIe.
HOW TIE JURY STOOD.
1t is understood that the jury was
| unanimous from the outset as to the
! guilt of the accused, and that their opn-
| ions only varied as TO the length OF the
| term of Imprisonment, the juror in favor
! of the lowest term being for three years,
! and the one for the highest term for nj
teen years.
The result Of the case was regarded by
most of the people who heard II as salts
! factory. while some thought that 1t was
too severe, In view Of the fact that the
| former jury had sentenced McNamee
| TO the term of only five years. Compari-
! sons between the two verdicts were ire
| quently drawn, and some rather signif-
/ cant comments could be heard last even
| ing all over town as 10 the lightnesS OF
! McNameeS sentence.
The INSTRUCTIONS TO THE JURY.
| The following are the Instructions
| which, at the suggestion of counsel, were
given to the jury by the Court:
| Before the jury can convict the prisoner
| of homicide in this case they must be
satisfied from the evidence, beyond rea-
sOnable doubt. that at the time the fatal
| shot was fired
Fist. That the prisoner was present
in position and with a purpose to give
| aid TO McNamee.
Second. That he was aiding and abet-
| ting McNamee in the killing.
| Third. That McNamee had formed the
| intention TO Kill the deceased or cause
him serious bodily harm, and that this
! intention was known TO the. prisoner,
| Ga II. and the burden Of proof 10 prove
| each and all of these facts beyond a
BILE doubt is on the Common
wealth.
... der to convict the prisoner in
| TINS case. he must not only have helped
| McNamee to commit the crime. but must
have done so with the knowledge of Nc
| Nance purpose to commit ciimc al
the time he gave such AID, and the Court
| nstructs the jury that unless II is clear
| ly and distinctly proved by the evidence
| beyond a reasonable doubt, that the
prisoner both rendered such and had at
the time such knowledge, they should
! II is not enough to show that the
| prisoner helped McNamee to Kill AtweIl,
but must also be shown, in, order 70 CON
! Wet him in this case, that he had knoWi-
| edge of the intention OF McNamee 10
| kill or do some bodily harm TO Alive
at the time such, help was given. az
| clearly proved by the evidence, beyond
reasonable doubt, they should find
the prisoner not guilty.
BEYOND A REASONABLE DOUBT
The Court instructs the jury that the
| going of the prisoner TO the door or
! the shanty to call out Atwell. ana inc
| calling him out at the request of Nc
| Nance, was not such aiding and abet.
| ting in the killing of the deceased az
| will make the prisoner guilty in this
| case, unless they are satisfied from
| the evidence, beyond reasonable doubt,
| that the intention TO Kill or indict Sc.
| rious bodily harm on Atwell then existed
| in McNamee's mind. and that the prisoner
| knew of said intention.
! The holding or striking of Atweu by
| the prisoner before the fatal shot was
| fired. even If the jury are satisfied, be
| yond reasonable doubt, that such hold.
! ing or striking took place, are not OF
| themselves sufficient 70 justify a verdict
| of manslaughter in this case, unless they
| are further satisfied from the evidence,
| beyond a reasonable doubt that such
| holding or striking was done by the
| prisoner for the purpose OF aiding Nc
| Nance In killing or inhicting some Sc
rious injury on Atwell.
WHEN TO scoUIr HIM.
The court instructs the jury that the
! law presumes the defendant TO he limo
| cent until he is clearly and conclusiyely
proved guilty beyond all reasonable doubt,
| and If there IS upon the minds OF the jury
| any reasonable doubt Of the defendants
guilt. the law makes il their duty 10 &C
| quit him: that even if tnere was suspicion