The times. [volume] (Richmond, Va.) 1890-1903, 1895-02-27

tends to connect tne dCV"9o" - -.
offence charged and creates 49,
probability Of guilt and even sIioHs
suspfcion that the defendant had manu-
i'm II. unless It excludes every other tneoIy
II is insufficient 10 warrant VeTdICl Va
guilty. -. reo.
The Court instructs the jury that rea,
sonable doubt applies 20 every
element OF the alleged offence Ahu -
sonable doubt exists when tle cF
Is not sufficient to satisfy the Jury y,
every matter necessary TO be estaDiis'''
bv the commonwealth with sucn -,
taintv that a prudent man Wou'u -.
cafe in acting upon it in ms own .'n a,,1''
of the highest concern. Ana that SUI
doubt may arise, not Only our % - . og
dcnce. but may be the result VI wan
evidence.
As 70 REASONABLE DOUBT
The Court instructs the jury 10, q
they believe from the eNaeh,c poS %
reasonable doubt that the u,l' no, .tal,
guilty of assault and battery they ei'''. e,..
fix his punishment as mas D'e"
indicated by the Court ..,.,,,
The Court instructs the jury that wiz
the Jury may convict upon the tosut'on|
Of an accomplice alone, unsuppoi te" az
uucorrobbrated by other evidence so"is
IN tho material fact of the case, the court
would advise the jury against the cohNlc-
lion Of the prisoner upon such evidence
alore. IL being dangerous so TO 90.
II the jury find that dynamite was not
used against the persons menlohed III l'e
tbird count Of this indictment, but. on
the contrary. the dynamite was only useQ
as against the door Of the car, ana Ihe
only purpose the dynamite was used TO
accomplish was to blow open the car
door. then / charge you that robbery
committed under such circumstances may
be punished by confinement IN the pen
tentiary not less than five years nor
more than ten years, or for assault ana
battery If the proof warrants It. But u
the jury believed from the evidence mat
the robbery set forth I'm the indictment IN
this case was committed by the prisoner
at the bar by violence inflicted upon the
person Of those alleged to have been rob-
bed in said indictment, by the use Of
dynamite then the defendant may be
found guilty OF OF robbery by violence
TO the person, and may be punished with
death. or, in the discretion Of the jury by
confinement in the penitentiary, at not
less than eight nor more than eighteen
years.
The Court gave eight instructions for
the defence. The prosecution asked ior
but one. which was refused.
MT Troand. the witness VINO was
wantc4 IN the morning, having arrived
was rut on the stand, and in replying TO
Mr.. Iitue's question as to whether or rot
he had said to several parties that ne
could not Identify positively, said ne dld
SO state. and on an examination OF the
stenographcT's report of his evidence
previously given. II was discovered that
ne then said about the same thing MT.
TrOlaud stepped down, and thus exploded
promising sensation.
THE ARGUMENT OPENED.
It was 4:3O this afternoon when, the
instructions having been given to the
Jury. Mr.. W. S. Thomas. of Baltimore,
arose to make the opening argument
for the prosecution in the now famous
case Mr. Thomas WAS quiet and com
posed in his bearing, and deliberate ana
dispassionate i'm his htteranCe as ne
turned from the Court to the jury ana
began to take up the evidence that had
been adduced by the Commonwealth. lie
called attention to the high character of
the more than twenty witnesses intro
duced by the Commonwealth and demon
strated the complete corroboration Of
Searcev. the accomplice tool. Starting
at WHler's Hotel in Washington, where
Morgan and Searcey stopped in Septem-
ber previous TO the robbery and in which
city they bought the dynamite, he fol-
lowed them i'm their romantic journey
down the railroad TO Aqua creek. lie de-
scribod the robbery and showed how clear
and conclusive was the prof that Morgan
was the man who had entered the cX-
press car chat night.
After ceiling the jury that no human
eve could follow them in their flight
through Stafford in the darknes Of the
night. ne took them up the next morn
ing at Mrs. Weaver's, declaring eraph-
ically Birds Of a feather flock toSelh-
cr" and wherever we find Searcey, there
we find Morgan i'm his company
lie claimed that Morgan had made a
practical confession TO Mr.. Trlplctt one
of the witnesses from Fauquier. For
said Mr.. Thomas, when Triplett walked
mn To Morgan in the jail here, whom he
had not seen since tnat Sunday. October
l4th. and said: We'll, Morgan, you have
fallen off and are not as tanred as when
/ saw you last Morgan did not reply:
q have never seen you; | do not know
vou' but looked al Triplett, whom he
evidently recognized, and replied with; !
guess / have
SENSATIONAL AssEFTI)N.
The Jury were listening with marked at
tentior as Mr.. Thomas claimed that
mart Of Morgan that he was in Fauquier
on that Sunday. Referring to the dra-
matte scene when General Shay had pro-
duced his red bandanna ana had Scar
cey mask himself in it, Mr.. Thomas said
il was but a western trick brought here
by the Roaring Attorney from Clnclh-
natl" why gentlemen Of the jury, scar
ccv recognized that handkerchief as soon
as he saw il as exactly similar III SIZE
and color TO those worn by himseH ana
Morgan How did General shay know
about those handkerchiefs? Who toid MN
the size? Who told him the color Does
he know of his own knowledge Whal soIl
of bandkerchiefs train robbers wear as
masks No. gentlemen of the jury, only
from his robber client could General
shay have gotten his knowledge or those
handkerchiefs that enabled him TO pro-
duce IN this court one similar
This bold declaration of counsel Tor
the prosecution produced n marked SEN
sation, and when it had somewhat sub
sided. Mr.. Thomas quietly resumed his
task of following Morgan in his flight
with Searcey. Steadily and clearly he
tracked the futgitives through Fauquier,
Culpeper and Rappahannock, 10 the foot
of the Blue Ridge mountains. Refer
ring TO one of the instructions offered by
the defence, he characterized II as
misty tumble of words. intended 10 CON
fuse and mislead the minds OF Inc Jury.
IL was by this time growing dusk, and the
court. interrupting Mr.. Thomas. adjourn
ed until morning. Mr. Thomas has made
a decided impression here in this case.
MORE RUMoRs OF RESCUE.
Rumors Il attempted rescue are again
afoat. and Commonwealth Attorney
I'm