Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-04-19
After Thirty Minutes No Ner"'e'
Could Tie Agreed on ana the '"
.,,o,rucd Until 10 o'clock THIS
Norning-Iustructio

oninion that he will be given the maxi
mum punishment, which is hVe years III
the pententiary.
INSTRUCTIONS OF THE COURT.
when the court opened a couple oi
hours were spent IN arguI',s VI, aiIor,ed
| tions. and Judge Wickham inauy aHoMeu
| eight instructions, the cher or WHICH
were as follows: -. 3.
"The Court instructs the jury that II
| they believe from the evidence oeSohu
n reasonable doubt that there was "A con-
! sniracy as defined in these INSTRUCTIONS
| between the prisoner and diners TO ue-
| fraud Withers. and that Withers ac'u"py
was defrauded, I'm pursuance OF such con-
spiracy. then they are ins,rhc-ei ula'
| the acts and words of the said CON
spiracy. done or said in pursuance Of the
| common plan TO defraud, are as binding on
the prisoner as II said or done by inc
| prisoner himself The false statement by
| The prisoner Of his opinion is NOT such
| a false pretonce as will justify YER
/ diet Of guilty unless the JhIy DelicEe
| from the evidence, beyond Il itasohdrie
4 doubt that the prisoner, at the IeqIes.
of Withers. gave his opinion as an expert
in the matter on which 1t was asker, ana
| that the prisoner knew his opinion was
false, and he intended by giving this
false opinion to deceive and deiraud
| Withers, and that Wthers relied on the
opinion so given, and by reason thereoi
was deceived and defrauded.
"The Court instructs the jury that TO
constitute the offence charged In the
| indictment four things must concur:
! First there must be an intent to deiiaud
by the defendant; second there must be
an actual fraud committed by the de-
fendant; third, false pretences must be
| used for the purpose Of perpetratng the
fraud: the fraud must be accomplished by
| means Of the false pretence, made use OF
! for the purpose; that but 'or them
| Withers would not have parted with ms
money-that is, that thy had the pre-
vailing and controlling influence IN
| making WitherS part with MS money
| If any Of these essential elements are
not proved by the evidence, beyond all
reasonable doubt. the offence is not made
out, and the jury must find the accused
not guilty; that a representation, though
| false, is not within the statutes against
obtaining money by false pretenceS I'M
less it is calculated TO deceive and ac-
tuaIly does deceive the person VINO is
alleged to have been defrauded.
AS TO THE AssAYING.
THE Court instructs the jury that If
| they believe from the evidence beyond
| a reasonable doubt that the prisoner
at the bar represented himself 10 be
United States assayer, possessed OF the
| appliances necessary to BE used in making
a test for gold, and that he did make
test Of the gold bricks in question, and
did pronounce the same TO be gold, then
| the Court instructs the jury that this Is
| a statement of a fact, and If they believe
| said statement was false, and the prison
| er knew ii was false, and was made ~
him with the intent to deceive anc .e-
fraud Withers, and that Withers parted
with his money in consequence Of said
| false statement, and because Of It, then
they must convict the prisoner.
Even though the jury believe that
the defendant obtained the money, in
the indictment mentioned, from Withers
| by false pretences still. If they believe
! that the pretences thus made were absurd
and irrational. and not calculated TO de-
celve Withers under the circumstances
under which they We're used, they should
| find the defendant not guilty. One OF the
! facts necessary for the Commonwealth to
prove beyond all reasonable doubt in this
| case is that the crime of which the
| prisoner is accused was committed by
him in the county Of Henrico, outside OF
the limits Of the city Of Richmond, and
unless this fact is so proved by the evil
dence the jury must find the defendant
not guilty"
MR.. THOMASON'S REVIEW.
The argument Of the case began
promptly. and lasted for four hours. with
an intermission for dinner. 1t was opened
by Mr.. f.. 3. Thomson for the prosecu-
ton That gentleman reviewed the evil
dence and went carefully over the in
structions Of the Court. He ably pre-
scented the chain of testimony which
had been woven around the prisoner. He
| said that the facts in the case were
too plain to admit any possible doubt
that Parker alias Smith had gone into
that eoid-brick scheme with the intent 10
defTdud: that the very paraphernslia OF
In. alleged assayer was found I'm the
room occupied by Parker. and even the
Indians wig was found there also. He
/ told Of the numerous identiIcations Of the
accused, of the suspicious way in which
he left the city. Mn Thomason's resume
Of the case was lucid and forceful, and
brought clearly to the minds OF the jury
the salient facts adduced which tended
TO crim!nate the prisoner.
GOES FOR WITHERS.
Mr.. l.. O. Wendenburg, of the accused:
counsel. followed Mr.. Thomson. IL wa:
true, as the lawyer who had just Spoken
for the prosecution had said. that thi:
, was case involving many peculiar
| things. It. was peculiar that though tbs
! evidence was so conclusive as 10 need M
| word OF argument yet II had been ne
, cessary for the Commonwealth TO hav,
the distinguished services Of the Common
wealth's Attorney Of the city Of RichmonS
! and Of the learned Mr.. r.. r.. Thomson
! Mr. WHdenburg said If there was
| swindle in this case Ii was concocted IL
the very hotbed of Withers. If Wither
had been swindled. IT was while he him
= self was endeavoring TO swindle. 1t wa
while he was trying TO get $4,000 worti
OF gold from the poor sick Indian TO
! 5000. II was impossible TO swindle al
honest man with the gold-brick scheme
No honest man I'm the world could b.
. taken In by such a device Counsel tool
, up the private life of Mir. WitheTs an,
; handled his gambling associations scath
? | ingly and without mincing words. He ais
called attention to Mr. Withers's reply I,
his CWendenburG'9 question about
statement alleged 10 have been mad
by Withers. that IL would be a sham
for the poor Indian 20 carry the gol,
= away, and II would make no matter i
: he were found dead. Mr.. Wendenburl
argued that if the witness had not mad
| such a statement he would indignant,
have denied it, instead Of replying tina
he did not remsmber having said such
thing The speaker also referred TO tn
| fact that Parker had gotten none o
Withers's money, and that the boring
tested by Parker had been proved by Mr.
Lumsden to be pure gold. He said tn
jury could not convict the accused on hi
statement 10 Withers in the woods tina
the bricks were all right-yes. all right
not calculated TO deceive child.
4 recess was here taken until as
O'Clock for dinner.
THE OTHER SPEECHES.
Mr. H. NJ. Smith, Jr, maze the frs
+. speech OF the afternoon session. and at
(: tackled the argument OF Mr.. WendenburI
/. with gloves or. lie called the attention
a Of the court and jury 10 the fact tina
. counsel for the accused rad gone into
Q long and ridiculous TRADE about Nh
, Withers. while the evidence OF citizen
r. whose integrity could not be question:,
e had voluntarily gone upon the stant
z and sworn shat he Was an honorable man
: whom they had never heard had lied o
e done "A mean act He referred briefly 4
= the bearing OF the instructions upon tn
! case as the testimony had shown il 10 be
D and brought out in forceful and i'm
. pressive manner the points tending &
: show the conspiracy between Parker an
Williams, the alleged ranchman.
The next speaker was Mr.. HIN Carter
OF counsel for the accused. who made
I powerful address before the jury, point
4 ing out the absurdity OF the gold-brcl