The times. [volume] (Richmond, Va.) 1890-1903, 1894-08-17
THOSE OF EACH SIDE ARE ADOPTED.
Eot, HOReYr, Until They We're Modified
by Judge Moore.
C!Sg MAY GO TO JURY TOMORROW,
Tie Instructions TO the Jury Define What
Constitutes Murder and Homicide
The Question of seif-Defence
was Carefully Reviewed.

COY MUTTON. a. Aug. lb.-ltIom a
Tnes Stan Correspondent)-Th argu-
o.nt Of counsel in the Goodman murder
t- was begun this afternoon The morn
,r- session OF the court was occupied by
counsel in arguing the merits Of the i'm
..-acuons which each side desired the
.aar, o. acccpoan give to the jury.
.~-rs. Crump. Parrish and Anderson
..t ... 1Catcd the instructions proposed
DID, t. lcfcnce. while Messrs. Allsn and
C-e defended those presented by the
c.naoawealth. The desk in front of the
DnFers was filled with legal authorities.
t.u which they quoted freely During
1.r. Aulersons argument the Judge had
...aslon to examine paper but remind
81 The lawyer that he was listening 10
him. 81 know you are. your Honor" Mr.
Anderson replied; you are not ike Judge
N.Laurhln. who let's us talk TO the bot
,. ~ his feet" This caused general
hter among the lawyers present. in
Which the judge Joined
~.. judge announced that he would
PASS upon the instructions during the
recess hour. and. II then being 1880
O'clock recess was taken.
When the court reconvened after recess
r!.. Moore announced that he had de-
,..l 10 give to the jury all Of the in
s.rlctions asked by the Commonwealth.
I- stated. however. that he had modified
,...rl II them 20 some extent. He said
l.hal also adopted seven out Of the eight
sections of the instructions asked for by
t-e defence.
Nr. Parrish excepted 20 the ruling OF
tl. Court. and prepared new section to
take the place of the fourth. This was
allowed by the Court.
II was nearly o'clock when Mr. Allen
arose TO read TO the jury those prepared
by the Commonwealth as modified by
the Court, and which are as follows:
MaoNwRALTa's INSTRUCTIONS.
l. That murder is the unlawful killing
Of another with malice, WMcn may ~c
EXPRESSED or implied. ana is ulstln5 uishel
in Virginia as murder ia the nrst ana
murder IN the second degree.
Every homicide In Virginia Is pre-
sumed ia law 10 DE murder in the second
degree: in order % elevate the offence
10 murder IN the first degree, the burden
of proof Is upon the Commonwealth. and
- reduce the offence TO manslaughter, the
burden ~ proof is upon the prisoner.
3D. I0 Constitute murder IN the nrst
degree. TIE prisoner must have been in
cited t1 the killing by malice, and the
killing must have been a Witul deliberate
and rrrmeditated act on the part OF the
prisoner. that Is 10 say. he must have
WlIrI leliberated, and premedltated thdI
lr should XIII the deceased or 90 MN Sc
r0usy bodily injury, the necessary re-
cult " which would be his death ana
fr m which ne died. But II is not neces-
sfry that the intent 20 Kill, 10 make such
intent wnful. deliberate. ana premeil-
rafel should exist any particular Iengl OF
time prior to the actual killlng, Tor IL is
that gUrn intention SnOull
come into existence for the nrst uIle AZ
Tie time Of the commission of the act, OF
20 any time previous thereto
WHAT CONSTITUTES MURDER.
a. That on n charge Of murder malice is
presumed from the fact of Killing.
Where the killing IS proved ana Is un-
accompanied with circumstances OF pdl-
liation. the burden OF disproving malice IS
thrown upon the accused.
g. That whenever the killing IA Wlliul
deliberate and premedtated, the Jaw IN
fers malice from this fact
shall be taken 10 intend that which ne
does or which is the necessary cohse-
quence Of his act.
Z. Trat "A mortal wound. given with
a deadly weapon In ine pi ietIous pos,7e 80,
sion Of the slayer without any, or upon
very srght prcvOCatOn, is Irlma laclr'
Nllfui delit crate and premecitated Kill
ing. and throws upon the acctacd t"e
llf'N"r-FAAf VI - 'fA-+r N-eN-'-''N''
s. That 10 sustain provocaucn as lie
fence 10 murder In the ihst degree il
must he shown that the prisoner at the
time Of the fatal shots was deprived OF
the power OF self-control by the provo
OatiCn which he had received, and In de-
Gliding the question Mhether ms was OF
Was not the case regard must be had %
fhe character OF the provocauon, 10 the
nature OF the act by which death was
,lIsei. 10 the time. II any, which elapsed
lion nd hn 4
which caUsed death, and TO the prisoners
conduct during the intervals immediate-
lv after the shooting and 10 all the
circumstances tending 70 show the sta
~ his mind at the time he fired the
fatal shots.
HOMICIDE UNJUsHTIABLE.
o. That lf they believe from the evi-
dence ihr the prisoner, Thomas A. Good-
man. intended 10 shoot the deceased, n;
q Parsons made an assault upon sald
Parsons. s.zing him by the lapel Of ms
coat. .r o.Utr-d him, for the purpose OF
provoking him into shooting or attacking
nm N'. mani. in order mat ne Good
mann ml.ut have a prefeXt FOR shOotlnS
me tall iarSOnS and that the SAID Per
sons, being SO prov oked, did throw his
hani ha kwards, as II TO draw "a pistol
HNI ihAt the said Goodman tnereupon
alot ADD killed the said Parsons, the
i4 Goodman is guilty OF murder III
iar first degree.
t| Ai.tt 40 IIoNptdlipu Whatever Noh
Dem ler homicide jusuhaDle or even ex-
'l+aDle' the least IL can reduce IL 10 IS
NarslauShtcr II man Kills another
.oenly' without any, or without con
s.i-fdDlc prOvOcatiOn. the law Implies
malice. and the homicide is murder: but
H fhe pIOvOcatiOn were great, and such
must nave greatly provoked him, the
ing is mausaughter only But words
.l fepioach, how grieVOus sOeYer are
10y prov ocatiOn sufficient 10 free the
irfson killing from the guilt OF murder.
TIE FATAL LATTER.
II. r. the jury believe from the evil
4ence that the prisoner T. A. Goodman,
Alfrd the deceased H. O. Parsons. by
reason OF the letter written by Parsons
To me Chesapeake and Ohio Railway
'oilpany. dated June z, 1894. suggesting
accusations against Goodman IA connec-
u0i with his Official acts with the rail-
way company then they VIII take into
cofsidefatoD the nature, the manner, and
me means Of the retaliation by G. odman
i1r the prOyOcatlon given by the said
lriter. And II they believe tnat the re-
alton or punishment 80 given by Good
man was outrageous in It's nature, and
hetond proportion TO the prOvCcation OF
saia letter, they viii consider IL rather
ile effect Of a brutal, diabollcai malig-
the crime committed by Goodman
amount 10 murder. Notwithstanding such |
pfgYocation.
. That In every case II homicide |
upln prOyocation how great soever this |
pr6yOcatiOn may have been, II the homi- I
eide be committed deliberately and upon |
revenge after the DrOKOcafiCn and the Il