The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1895-08-15
Special Dispatch to the virginisn.

SUFFOLK, Va. August 1I.-The re,
markable cnee of the Commonwealth
IS. William j Urquhart for the muir
der of John L. Gay on November s,
1870. was to-day continued in the
County Court of Nausemond, Judge
w. j. kilby, presiding. The Judge
Tapped for order promptly Mt 1870
O'clock nt which time the counsel, Jury
aud an immcnse crowd of spectators
composed OF representatives from the
eeveral occupations and professions,
and including number Of ministers
OF the gospel had collected. Tho prIs.
ouer was ushered in and walked with u
steady step and firm nerve, uotwith.
standing the fact thnt he was entering
tribunal which was to decide his life
or death, liberty or incarceration, OK.
Sneratlon or condemnation by Jury
of his peers. He WAS nttlred in n new
suit OF blue cheviot and took seat in
the rear near the rail where he was
coon surrounded by friends mud rela.
lives.
As is remembered the Common.
wealth concluded the examination of
witnesses yesterday and rested it's case.
The crowd to dny expected TO hear
she testimony OF the aged prisoner,
his statement Of the killing. which
Wac testified 10 in his confession to
other witnesses, his experience as
Fugitive and reason for surrender, but
such was not the case. AS Immediately
after the jury roll call Mr.. w. S. Hol.
fsld. for the defense. slated that they
would put ON no witnesses.
The question of the Courts instruc-
tions TO the jury was then introduced,
and after u mutual understanding he.
sween the counsel, it was decided that
they could be quietly discussed and
eubmiited without the jury's retire
nant. Both sides had prepared in
atructlons. and after some eliminstions
and additions, the following were
agreed on, the first five of which were
nubmitted by the defense and the last
by the prosecutions:
No. l. The law presumes eyery per
son charged with crime to be innocent
until his guilt is established beyond
reasonable doubt; and the presump-
tion of innocence goes with the prisoner
Through the entire case, and applies at
every stage thereof; and, If after hear
tng the whole case such reasonable
doubt exist as to any one point neces.
GARY TO tho establishment OF the pris.
Oner'a guilt. they must find him not
guilty.
No. =. That upon the trial OF shis
ease II reasonable doubt of any fact
necessary to establish tho prisoners
guilt as charged III the indictment be
raised by evidence, such doubt Is de-
elsiye and the jury must acquit tho
prisoner, since IA verdict of not
guilty means no moro than that
She guilt of the accused has not been
demonstrated on the precise, specific
and narrow forms prescribed by the
Saw.
No. 9.-That if, upon the whole evil
dence III the case, there is any rational
Hypothesis consistent with the conclu-
elon that the killing of Gay WAS excusa.
Die or justitiable, they must find the
prisoner not guilty.
No. 4. That If the mmonwealth
uses the declaration of the accused to
prove the killing she must take the
whole together. and cannot select one
part and leave another, aud if there be
slther no evidence IN the case or no
other evidence incompatible with it,
Ehe declaration SO adduced i'll evidence
must be taken to be true.
No. 3. That If the Jury believe from
the evidence that the accused shot and
Killed the deceased, and that at the
SINE OF the fatal shot the deccased had
first drawn from his person or clothing
pistol, which he had in his hand. and
chat the accused. Judging from the cir.
cumstaEces as they appeared to him,
then aud there had reasonable cause to
fear being killed or suffering some
great bodily harm, they should acauit
She accused. and they should acuuit
him even If they further believe that
said pistol in the hand of the deceased
was not londed or was not cnpped, for
the accused had the right to Judge for
himself ns to the extent of the danger
From circumstances as they appeared
80 him.
No. elf tho jury shall believe from
the evidence that the necessity for
killing, relied upon by the prisoner,
arose out of his own misconduct, then
such necessity cannot bo relied upon
by him to Justify the killing.
During the interim, while instruc
tions were beng prepared, part of
the counsel and sons OF tho spectators
were engaged in reading to days Viz
GINIAN.
After instructions were all in the
argument was begun, Nlr. Merritt
Briggs opening the case for the prose-
Cutiou, As is Ills custom he
congratulated the jury thut they were
nearing the end of remark
nble case. He sad he wGs
employed III the cnse to assist the