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

| yard conductor. and was on night shlil
| during that week.
NH. AIwTIL's MorBEB-IS-LAw.
Mrs Bette Taylor, OF Manchester.
mother OF Mrs. Atwel was called py
Mr. Richardson She testified that she
was at MIR Atwells house during
| Christmas week until Tuesday evening,
| when she went to Amelia Courthouse AT
6 o'clock, with her daughter, thelr chii-
| dren and nurse. Mr.. Atweli did not ac-
ION Tuesday during Christmas week,
! December 18th she continued, pet"Gen
! ~ and / o'clock, the conversation De
tween Mr. Atwell and Mrs McNamee
| took place. | heard every WORD OF H.
! for / was In the front room OF the mouse
very close to the front door, and Mt At
well was I'm the hall and Mrs. McNamee
| came up to the front gate. a short dis
| lance away. Mr., Atwell did not cali her
did he curse her. ! never heard him
Der OF the stockton-street Baptist
| church. He never cursed to my knowl-
edge, and certainly did not do so on that
/ day"
Being cross-examined by one OF the
| jurors, Mrs Taylor said that when Mr..
! Atwell came to his house from the street
/ he saw McNamee's boy In his yard, and
! told him to 20 home, as he did not want
| him there and had told him so before.
| The boy ran away, leaving his velocpede
! in the yard. few minutes later he
! came with Mrs McNamee to the front
gate. The latter told him TO get his
! VclOcipcde, but he declined to 20 in the
| yard. Mr.. Atwel. when appearing In the
! 'front.' door, was asked by Mrs. McNamee
/ II her boy could have his Veocipeue, anu
| he replied, Certainly and added l
| thought ne had gotten II before Mrs.
! McNamce then said she did not CONSIDER
| II an honor for her child TO associate
| with his and she added that she han
| heard that he said some time before;
| when ne went TO McNamee's house ana
! called his own child out Of the yard OF
| the defendant, that he would not wipe
| his feet on such trash as the McNamees
| Mrs. Taylor stated that Mr.. .Atwell ad-
mittcd that he had said this, and declared
| that he had several times told the Nc
! Nance boy that he did not want him TO
come into his yard. Mrs McNamee then
! said that she would 90 and tell Tom,
| and MI Atwel told her to do 50. as he
would be AZ home every day that week
| When further questioned in regard TO this
| conversation Mrs. TAYLOR said that during
the AFFAIR Mrs McNamee said: IT know
YOU Mr. Atwell." and Mr. Atwell replied {:
Yes and l know you, 100, Mrs. Nc
| Nance"
In concluding her testimony, Mrs. Tay-
| Tor said that on her return to Mr.. At
wells house on saturday morning she
saw his overCoat in the Kitchen hanging
behind the door. They reached Man
chester about o'clock In the morning
THE WIDOW OF The SLAIN.
Mrs. Lillian w. Atwell, the widow Of the
| deceased was the next WllutSS. one
made the following statement: During
| the Christmas holidays / had been at
home until Tuesday evening al o'clock
when / left for Amelia Courthouse with
my mother. three children and COlOred
| girl / was present at the conversation
between my husband and Mrs. McNamee
! He dil not call her any vile names, did
| not use any pTOfanc language, nor curse
! He was not prOfane man; he was a
member Of the church, and | never heard
him curse. His overcoat hung behind the
door in the kitchen on Saturday morning
when | returned. The house was locked
mp during mine and Mr., Atwells absence
and the latter had the key OF the house
with him. His nephew, who boarded with
Rev. /. r. ThOrnhil. pastor of the
BainbridSe-Stre Baptist church, who
was next called said that he had known
| Mr.. Atwell since 1880. When Mr.. Rich
ardson asked witness whether Mr.. Atwell
was member Of the church. and whether
he had ever known him TO use profane
! language. Mr.. Carter, counsel OF the de-
fence, objected, and witness was therefore
withdrawn.
THE LAST WITNESS
The last witness in rebuttal, called by
the prosecution, was Jack McDOu1ugh.
| He said he was a helper In blacksmith
shop, and I'm December last he was driv-
| ing mall wagon. on the night OF De
| cember 18th he reached the scene Of the
| shooting just about five minutes before
| the homicide occurred. He was await
| Xix the arrival Oh lilt PASSENGER lIdlll
due here at $50 =. NJ. He heard the
| three shots fired, and saw the parties
! involved after TIE shooting. He saw At
| well after he had been killed
| Mr.. Richardson then stated to witness
! that McNamee. while on the stand, had
| said he did not grapple with Atwel. and
| that Gaul did not grapple with Atwell.
| At this tuncture Mr.. HIN Carter objected
and all evidence on that point was ruled
out by the Court as evidence i'm chief
The Judge explained that when McNamee
| made the statement just quoted he tried
TO retutc statement made before hy
! witnesses Of the Commonwealth. If the
| prosecution desired TO have McDonough
testify as TO whether anyone Erappled
with AtweI before the shooting such tes-
! timony should have been introduced dur
| ing the direct examination.
| Witness then said that he was about
| forty-hve steps from the parties in
volyed, but heard ~ cry Of kill him"
| or kill him. Lee" before the shooting
! occurred. He stood on the curbstone.
about six feet from whore Atwell died.
| II Is ended the evidence in the case,
! and short recess was taken 10 enable
| counsel 10 complete their instructions 20
! the jury. and the latter were taken out
/ for walk.
INSTRUCTIONS To The JURY
At about 12:45 p. NJ. the court recon
| ve9ed. ana the instructions were then
read TO the jury by Judge Witt The
instructions, as submitted by counsel had
| undergone but few changes. and were as
Murder is the unlawful killing Of any
| person. with malice aforethought
Murder as distinguished by the laws
of Virginia. is murder Of the first decree
| and as murder of the second degree.
hurlcr by poison, lying in wait. inn
/ prIstuWcnt. starving. or any wilful. de-
hberate and prcmcditated killing. or in
commission or or attempt 20 commit ar
son, rape robhi lg or burglary, is murder
Of the first degree. All other murder
rs murder Of the second degree
Every homicide in Virginia is pre-
/ stunned i'm law to be murder Of the sec
ond degree; IN order to elevate the Of
fence TO murder Of the first degree the
burden of proof Is upon the Common
W .alth and 10 reduce ths offence TO man
slaughter the burden Of proof is upon
the prisoner.
WHAT is MURDER N FIRST DTGREg?
TO constitute murder in the first de-
! gree the prisoner must have been melted
/ must have been a wilful. deliberate and
! premcditdted act on his part; that ~ TO
/ say, he must have willed, deiberated
/ and promeditatcd that ne should XIII
/ the deceased or DO him some serious bod
! lily injury the necessary result OF which
/ would be his death. And the Court in
/ struCts the jury that unless II IS clearly
/ and distinctly proved by The evidence
/ beyond all reasonable doubt, that the
| prisoner had willed, and deliberated and
/ pTemediated to Kill the deceased or do
| him such serious bodily injury. they
/ should not find him guilty Of murder
/ in the first degree
on q charge OF murder, malice Is pre-