The times. [volume] (Richmond, Va.) 1890-1903, 1895-07-23
JURY FAILED TO AGREE.
COULDN'T REACH n VERDICT IN
THE TERRY CASE,
And Were Locked Up In Ford's Hotel
The Argument Of Counsel and the
Closing Testimony.


The case Of the Commonwealth against
G.. b. Terry, of King William county,
charged with uttering forged court or
ders was again taken up in the Hastings
Court before Judge :. Il. Witt yesterday
morning. Burnley Taylor, who was again
nut on the stand, when asked by Com
mo,u,eai,h's Attorney Smith, stated that
he and Terry were at the Hotel DOlson
on December 18th and lith. lie was
shown a number OF cnecks, WHICH,, ne
said. had been endorsed by Terry. lhey
payment Tor a debt he owed MIN, ana
Terry used them in paying MS own Deus.
When asked as to Mr.. Terry's reputa-
ton in his county for solNency or IN
solvency Taylor replied that there were
n number of Judgments against him' ana
that mis- property stood not IN MS own
name The checks IN question, wltnSss
SAID. had been secured at Mr. ONelus
MIR Daniel O'Nenl was the next Wit
ress. lie sail he knew Taylor and Tefts,
who had repeatedly come 10 MS pace OF
business and asked for blank checKs'
which they filed out IN ms pae3 room.
lie identified the checks produced IN court
as coming from him. -. ,.
Mr. Walter Wilson was the last WIZ
ness called by the prosecution, put hlS
les tlmOny IN ft-dtu ~ AN4Ag . 4i'~' ~
Was of no consequence.
Air y. u. Lipscomb was the first wit
ness called by the defence yesterday.
He was questioned about "A farm osi)hs-
irg . Mr.. Terry ana me amount Oh
revenue he derived from Il. Nr. HaW
then asked witness the loloWlns
was SIR Terry in the habit OF cir
culating a good many checksE
Il would rather not answer thaI
"But didn't he pay his bills mostly IN
checks?"
Il don't know" ,,,
"Rut you have handled his checks!
yes"
TERRY or THE STAND AGAIS.
Mr.. Terry here took the stand himself.
and denied endorsing the several court
orders forged by Burnley Taylor. He was
I questioned as TO his income, and shOWel
That from his lands IL Amounted 70 De
tween 500 an0Sso, and between 80 am
$50 FOR hauling ties.
"Nr. Smith minated that man WHO
drinks as much whisky ana plays poker
as YOU DO can't live Oh mat isn ID
true that yJur wife Is hari-wofh1ns
woman and does much towards the sup
port of the family asked one Oh the
IrisOners lawyers.
"Ncs." was the reply.
A check for s. was shown. which had
been given TO Mrs. Terry Tor some sew
INK she had done for @ Airs. Whitock.
Mr.. Terry here explained now ne pap
Mcneil TO have so many OF Mr. Taylor's
checks one OF the checks Mr. Terry
said. he had cashed FOR Air. Taylor IN
King William.
showed that Taylor hal registered there
that day for both himself and Terry
Mr. Terry said he was not there mat
day. nor co.ld he imagine Why DR.. lay,
lor would have written his name ana
paid board there for him any more than
/ he could explain why he would 90 on the
stand and testify 10 n falsehoOd.
Both sides here rested the case ana
| Judge Witt charged the jury with the
/ following Instructions;
TIE COURTS RESTRICTIONS.
"The jury are Instructed mat wn WINS,
they may convict on The uncorIobvi q. +,
evidence Of Burnley Taylor. the dle.eo
accomDlice. yet the Court instructs the
Jury that such evidence should De RECEIVE
/ ami Ccnsidefe with great caution.
s'rha Jury are the sole judges WhtthtI
or not the testimony IS satisfactory 10
/ them rs 10 the guilt Of the accused
..The question Of guilty knowled dye OF
! tho character OF the forsed paper al ths
/ time Il was uttered by Terry. Us ID. l
constituting an essential ingredient In lne
/ cffence charged In the Indictment ne
! actual existence OF such fact must Or
proved. either directly or by such othe.
! facts and Circumstances as can ltaFe -
| reasonable doubt On the minds OF the
! iurv that the said fact does exist.
| And the evidence OF general Booo
! character of the accused she uld be CON
] eiicrel by the jury as tending 10 lepIl
/ ally presumption OF sucn suiity k"o"i'
"The iurv are instructed that TO convict
I the accused they must be convinced IRON
the evidence beyond n reasonable doubl
I soat George b. Terry on the llth day OF
\ Septembcr. 1894. at the time he delivered
/ the forged paper to -. O'Sullivdn. knew
that IL was forged; and II there Is upon
+ their minds any reasonable DOUBT pasei
a r.s .. In 10 a. they
/ acIull'
IKE tRGU,FST or COUNSEL.
The argument I'm the case was com.
/ menced by Commonwealth Attorney
1 Smith. with a strong speech, wherein ne
discussed the details in the case, as they
were brought out In the trial
He stated that there was no doubt III
his mind that Mr.. Terry was guilty, ano
| leaving out the testimony or Burnley
| Taylor as a convicted person, there was
/ enough proof 10 condemn him as forger
lie said that IL was Impossible IN case
| Of this nature TO get direct testimony
/ but that 10 had TO be gotten by extra
neous means. He impressed on the jury
/ the way IN which every time Terry ana
/ TAYLOR were In town together one or the
foreeries was committed, and that not
only one or two OF them, when man
might bee pardOEed for passing but elBht
or nine.
/ AIR. smith was followed by r.. r. Flor
=
who acquitfcd himself Of his duty In a
very crediis,ole manner. Mr. ii. l.. Lewis
then made a very eloquent ana able APP
I peal for the prisoner. and Mr.. HaW made
/ the final argument for Terry tie had Only
partly delivered his address when recess
was taken. at 2.l0 H. VI.
J The court recOnvened after dinner al
$50 o'clock, and Mr.. Haw continued his
speech. lie pointed out the various IN
structiCns given 10 the jury, ana stated
his reasons why he thought the accused
should be acquitted.
Commonwealth Attorney Smith then
concluded the argument for the Common
wealth. and described In detail the va.
| rious transactions during which the forged
court orders had been palmed OF on pusl'
ness men in this city At $40 7. VI. MT
Smith completed his speech, 'and the case
| was given 10 the jury.
| The Jury returned into the courtroom
shortly after O'Clock and when question
! ed by the Court. the foreman stated mat
| they were unable TO agree upon verdict;
| ThereupOn the court was adjourned untll
| this morning al 10 o'clock. ana the jury
was sent out TO FOrds Hotel. where they
! were locked up for the night.
THE CONDUIT tOMPiN1.