Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-03-22
NICHOLAS WILL HANG
the Supreme Court Decides That He
Must Pay The Death Penalty.
THB LOWER TRIBUNAL AFFIRMED.
Commonwealth Sustained on Every
Point Raised BY the Defence.
PRISONER TREMBLES AND WEEPS.
His Only Hope Is Clemency at the
Governors Hands.
TWO OTHER IMPORTANT OPINIONS.
bnc Holds That n Railroad Is Not
Responsible for FcIIow-servants
Negligence. and the Other sustains
Our Oyster Law.
PRISONER TREMBLES AND WEEpS.
TWO OTHER IMPORTANT OPINIONS

or Virginia yesterday. when II unani-
mously affirmed the Judgment OF the Cir
cult Court OF Henrico county in his case.
The opinion was prepared by Judge
George NJ. Harrison. and is an exhaustive
md comprehensive document. dealing with
the thirteen bills OF exception filed by
the defence clearly. succincty. forcibly.
and with abundant references TO authori-
ties 20 bear out the position OF the court
upon the points involved.
Nicholas was indicted in the County
Court OF Henrico December %. 1872
charged with the murder Of James Mills
and William Judson wilkerson. He elected
20 lie tried In the Circuit Court. and after
Trotracted hearing was. on october
II. 1898. found guilty of murder In the
frs degree. and ten days later sentenced
to I've hanged. From this judgment he took
an appeal. and the Supreme Court award
ed writ OF error.
The first bill OF exception deals with an
alleged incompletcness of the record OF
the County Court. which the Circuit
Court refused to reject. which refusal,
the higher tribunal says. was right.
The second also has reference TO the
records. and In this the Supreme Court
sustains the Circuit Court. The third
Is an exception to the action Of the CIR
cult Court In overruling the petitioner 5
motion TO qussh the venire facias issued
for summon,ng the grand jury by which
the indictment against him was found.
and the return thereon. The court NOUS
that this was properly overruled. tx-
ceptions four and Ave deal with similar
questions. while the sixth is 10 the action
OF the court In admitting the evidence
showing the possession by the accused
OF an auger corresponding in size to the
holes In the boat. which was the alleged
means OF the murder. The Supreme Court
says IL Is always pertinent TO show. as
an element connecting an accused person
with the crime charged, that he pos
ssssed the tools and instruments by which
the crime had been committed, and that
the Circuit Court properly admitted this
testimony.
PURCHASE OF STRYCHNINE.
The evidence regarding the purchase Of
strychnine by the prisoner, and the Civ
ing of the same TO the wife OF James
Mills. and the direction from Nicholas
to her TO administer il TO her husband in
his coffee or milk. and the further test-
mony that about this time James Nils
had three or four violent attacks Of sick
ness. Suggesting poisoning by strychnlne,
and also as to previous threats and at
tempts on the part of Nicholas TO take
the life Of James Mills. was held as COM
petent evidence upon the question OF de-
liberation ard generalization. Exception
egh- complains that the court did not
rule out certain evidence about Nicholas
having stated to several persons just
prior TO the drowning Of Mills and Wiiker-
son that the former had heart-disease,
a.. a ffrra.. No
Supreme Court perceived no error in the
admission Of this.
The ninth exception was to inmate
rial evidence about a previous fuss be
tween Mills ana Nicholas as TO hale n
DAYS work. while the tenth was to the
action OF the Circuit Court In refusing to
give the instructions asked for by the
prisoner. and in giving others in lieu
thereof The Supreme Court in the latter
respect says that the lower court clearly
and fairly laid down the Law applicable
to the case, and says that was sufficient
The eleventh exception was TO the ac'
ton Of the court In overrulng the prison
ers motion In arrest Of judgment on a
failure Of territorial jurisdiction. the Su
preme Court deciding that the evidence
showed conclusively that the drowning
occurred in Henrico, and not GoochlanC
county.
Exception twelve was to the action o
the lower court In overriding the prison
er's motion and arrest Of judgment upol
the ground OF after-discovered evidence
and for receiving and considering counter
affidavits filed by the Commonwealth Il
opposition to those filed in behalf of IN
prisoner. The court decided that this wa
proper and allowable, and that tn
prisoner had not brought himself With
the rules governing new trials upon IN
ground OF after-discOvered evidence.
THE LAW AND EVIDENCE
Exception thirteen is to the refusal o
the Circuit Court TO set aside the verde
as being contrary TO the law and eVi
dence Here Judge Harrison goes int
a comprehensive history OF the case. re
viewing all the testimony, and expiainin
the law In all its bearings upon H. sus
tanning the lower court and the verde
of the jury. The following is Judge Han
rison's review and comment:
ron the SIN day Of December. 1856
Philip Norman Nicholas. the plaintiff /
error one James Mills. and his wifi,
Ann A. Mills and their three small chi
dren were living In the upper part g
Henrico county. on a farm known q
the WiCkham place. about one mile froi
James river Nicholas was the renter c
this farm and cultivated /. on share!
He was himself, however. chiefly er
gagged as "a trapper. having numbe
Of traps set along both sides of the rive
10 catch fish, He employed James Mill
with whom he lived. and one Willial
Judson Wilkerson as sub-tenants. 10 d
the teamwork. for a portion Of his shai
OF the crops. Wilkerson lived with a
aged mother In small house very nes
10 Mills's house-near enough TO see I'M
the windows OF one house from the othe
LIVED WITH MILLS.
philip n Nicholas. the prisoner. W;
an unmarried man. and lived In a roo
OF the house occupied by James Mills al
his family. The evidence shows that ,
the night before the drowning. Il
prisoner, James Mills. and William
Wnkerson were together at the house
Airs. Wnkerson, the latters mother, al
there arranged and determined upon
trip across the river the next morniI
10 take a bee-tree This expedition vi
suggested. planned, and carried out
the prisoner. Wilkerson was very unwi
ing TO 20. and finally consented at Il
suggestion or his mother. who said as NJ
Nicholas seemed so anxious for him
GO he had better DO so. Mills was unwi
ing TO 10 unless Wilkerson went w
kerson said he would rather plough tha
60 The prisoner replied: II you w
10. sou shall not lose anything In Il
course OF conversation, which resulted
this expedition being agreed upon, bO
Mills and Wiikerson stated In the pre-
ence Of Nicholas that they could "a
swim. and were very much afraid
water: that they did not like water mo
than knee-deep. The fact that they cou
not swim was generally known 10 the
friends. II Is further shown that II vi
she habit OF Nicholas TO 20 every NOR
ing early TO the river TO examine
traps. And II appears from the eviden
that on the morning or the day Z
drowning occurred. he went TO the riv
about daylight and returned about brea
fast-time, and when questioned about
said: 4 did not 20 10 my traps n
morning: 1 was sick He afterwards q
MIR. Wikerson he did not catch an
thing. Everything being In readiness
carry out the plan for the day. the
three men started from home about
O'clock IA the morning. equipped W
everything necessary for taking the b.
tree. having With them two buckets, no
Ing two and one half 10 three gallo
each. for the honey. two axes. Q
Ratchet and piece OF netting 20 prot
the person from the bees. The boat us
belonged TO one Joseph Bruin. and
their way 10 the river an uncle Of I
owner was asked n they might use
boat. and was told they could get
key. which unlocked the boat from
fastening TO the bank. from Bruin, I
owner. The prisoner replied that he b
key Of his own. and had often used
before 49,. out permission.
THAT BEE TREK.