The times. [volume] (Richmond, Va.) 1890-1903, 1895-04-19
THEY COULD NOT AGREE.
THE yURYIN TIE GoLD-BRIcK CASE
ADJOURNED TILL TO-DAY.
,n.,,rc.,ops Allowed by the Court aud
Fully Argued by Conn'e' 'or Do'h
sIde,-Ihs detective.

The largest crown tiia' ' -
blcd 10 listen to the trial oil Inomas H.
parker filed the courtroom o. Henrico
County Court yesterday morning
Promptly at 10 O'Clock the court was
ononea. and the third day OF the triai
commenced. About three-quarters Of an
hour was spent in arguing the instruc-
ton. Jpdge Wickham then retired. and
-, ,vo hours was spent in their
p The Tbe.' Court finally allowed eight instruc-
tions, as follows:
THr INSTRUCTIONS
Tho Court instructs the jury that II
49,, believe from the evidence beyond
reasonable doubt that there was con-
spiracy. as defined In these lhs1ruclio.S'
between the prisoner ana olneis u ~ ~
fraud Withers. and that NllheIs dSeueilS
was defrauded in pursuance OF such con-
spiracy, then they are lh9., uO'eI , e,'''.
the acts and words OF the salu SonSPn a.
done or said in pursuance OF the common
Man to defraud. is as binding on the
prisoner as II said or done py the piisoN-
The false statement oy the prisoner OF
HE oninion Is not such a false pretehse
as will Justify a verdict OF sulity' unless
tba iurv believe from the evidence, be
vond q reasonable doubt, that the prison.
or AT the request OF Withers gave MS
/ oninion as an expert In the matter OH
which II was asked. and tnat the prlson-
| err knew his opinion was lalse' anu no
! Intended by giving this ialaV oPili0I' ~
deceive and defraud Withers. and that
/ Withers relied on the opinion 50 si'e',
"a h,, reason thereof was deceived and
defrauded. -.
The Court instructs the jury that
/ 10 constitute the offence charged IN the
Indictment. four things must concur
| First. there must be an intent TO de'
fraud by the defendant; second. there
must be an actual fraud committed by
| the defendant, third false pretehse
must be used for the purpose or perpelra'
| ting the frauds, the fraud must be ac-
complished by means OF the raise pre-
tence made use of for the purpose; that
but for them Withers would not have
parted with his money-that IS, that they
| had the prevailing and controlling infiu-
ence in making Withers part with ms
/ money. II any OF these essential eie-
| ments are not proven by the evidence
| beyond all reasonable doubt the OFFENCE
| is rot made out, and the jury must find
the accused not guilty. That n represent
tati0n though false. is not within me
statutes against obtaining money by false
pretences. unless It is calculated 10 de-
ceive and actually does deceive the per
son who is alleged 10 have been defraud'
ed.
| The Court instructs the jury thai
| IL they believe from the evidence. beyond
a reasonable doubt. that the prisoner
at the bar represented himself 10 be q
! United States assayer, possessed OF the
| appliances necessary 10 be used Ina max
ing a. test for gold. and that he did make
a test Of the gold bricks in question
and aid pronounce the same 10 be gold
| then tho Court instructs the jury thai
| this Is statement Of fact. and
| if they believe said statement was false
and the prisoner knew IL was false. am
was made by him with the intent TO de-
| coive and defraud Withers. and that
| Withers parted with bis money in con-
sequence of said false statement. and be
cause OF It, then they must convict the
| prisoner.
Even though the jury believe shat tho
! defendant obtained the rrzey IN the IN
| dictment mentioned. from Withers bS
false pretenccs. still. n they believe that
the protenccs thus made were absurd enc
unrational. and not calculated 20 deceive
Withers. under the circumstances under
/ Whicn tney Wefe used, thts sAouli III,
the defendant not guilty.
| One of the facts necessary for the
| Commonwealth 10 prove beyond all rea
sonahle doubt in this case is that the
| crime Of which the prisoner is accused
was committed by him in the county oil
lIenricO. outside Of the limits of the city
Of Richmond and unless this fact Is Sc
proven by the evidence. tho jury mus
find the defendant not guilty.
Instructions Z and s were Of a pure
~ technical nature. bearing upon th'
guilt and innocence of man in the
| eyes of he law.