The times. [volume] (Richmond, Va.) 1890-1903, 1896-04-25

iurv must adopt suAh hypothesis as pref
cradle to any other, and must acquit the
prisoner.
f. That reasonable doubt must be based
upon the evidence Itself IL must not
be an arbitrary doubt. without evidence
10 sustain It. IL must be serious ana
substantial. in order 10 warrant an ac-
quittai. IL must be 4 doubt OF material
fact or facts necessary for the jury TO
believe 10 find n verdict Of conviction, ana
not OF immaterial or non-essentiM cir
cumstances
s. That II they shall believe, from the
evidence, beyond all reasonable doubt.
that Mr.. T.. s Pollard left his house
on Friday, the 18th Of June. 1895. and left
his wife Mrs. Pollard. at home, and that
there was in the said house money be-
longing to both T.. s Pollard and his
wife. and that the prisoier. Mary Aber-
nathy either by herself or with the as
sistance of some other person or persons.
wilfully and deliberately killed Mrs. Pol
lard in the yard on said house, with the
intention Of steaing the money or other
property Of Mr.. and Mrs. Pollard from
said house; then they must find the pris-
oner guilty OF murder In the first degree.
g.. That ANY wilrul deliberate, Jnd
premeditated Killing, or any killing In the
commits sion OF robbery. or In an attempt
to commit robbery, IS murder In the
nrst degree; that the design TO Kill need
not exist for any length OF time but
may be formed just before or at the
time OF committing the act; that II they
shall believe from the evidence. beyond
all reasonable doubt, that the prisoner,
Mary Alternately, wiifuiiy, deliberately,
ana premediatedly killed Mrs. Pollard by
repeated blows with an axe; or was pres
ent and assisted any other person, VINO
then Killed her, or, II they shall believe
from the evidence beyond all reasonable
doubt, that said killing was done In the
commission OF or en- attempt 20 commit
robbery by the said Mary Alternately
or any other person, and that she
was present and assisting; she Is guilty OF
murder in the first degree.
Z. The court instructs the jury that
any statement or statements made by
Mary Abernathy. the prisoner at the
bar. while IN Richmond city jail, 70 II.
G. Gregory, and testified TO by ii. {.
Gregory and c. H. Epps. must not be con-
sidered by the jury
THE DEFENCE EXCEPTED.
The defence excepted to every instruc-
ton offered by the Commonwealth. After
the reading Of the instructions. the
seventh OF which was a victory for the
Commonwealth. as Il refused the admis-
sion OF Mary Abernathy's denial o. her
quit 10 Mr.. II. c. Gregory. argument
was begun.
Commonwealth's-Att Attorney A. ID. Wat
kins, opened for the prosecution IN an
able speech OF three-quarters or an hour,
reviewing the case and appealing 10 the
jury 70 guard against the violation or
their honors by finding a verdict OF muir
der I'm the first degree.
l. n
Judge Watkins was followed by Cap
tain Guigon. for the defence. Captain
Guieon1s argument was eloquent o.1d
convincing and the appeal for the prison
er was touching Ia the extreme. lie
Briefly reviewed the evidence. and declar-
cd that the Commonwealth had not been
able 10 prove beyond a reasonable doubt
that the prisoner was guilty. He spoke
for about an hour. and at the conclusion
of his address court adjourned until to-
morrow morning at o'clock.
Judge Mann. Judge Flounoy. Mr..
Southall. and Captain Wise VIII speak
tomorrow morling, and II Is hoped that
the case will be given TO the jury by
o'clock.
what the verdict will be no man can
say. but the impression Is that IL "Ai
DO quickly reached.
NOTES.
The venire summoned In tho Pokey
Barnes case are all farmers from the
upper end Of the county. Their names
are II. T. Carter. G. f. Binford. J. II.
Alien iscdford Brown. J. y. McCraw,
G q. Garter. T. T. GILLIAN, NJ
crow ). y. Cunningham,
Butcher, J. j. Overton. ". l. Nomrck'
l.. r. Baker r. W. Fuqua. j. NJ. Wo-
mack, and George Smith.
Nv FAR the larger proportion Of those In
attendance upon the traal are eoioESos