The times. [volume] (Richmond, Va.) 1890-1903, 1896-11-19
A JURORS POINTED REMARK
CONTINUED from FIRST Pago)

without malice. while the accused was
I'm the commission OF an unlawful act,
or while he was committing lawful act
in an unlawful manner.
T. Every homicide In Virginia Is pre-.
summed I'm law TO be murder in the second
degree: IN order to elevate the offence TO
murder in the first degree the burden OF
proof IS upon the Commonwealth ana TO
reduce the offence to manslauehter, the
burden OF proof is upon the prisoner.
s. To sustain provocation as defence
TO murder in the first degree, II must DE
shown that the prisoner at the time OF
the fatal blows was deprived OF the power
OF self-control by the provocation, when
he had received. and I'm deciding the Pues-
ton whether this was o. was not the
case. regard must be had 10 the character
of the provocatlon. the nature OF the act
by which death was caused. 10 the time
which elapsed between the provocation
and the act which caused death. 10 tho
offenders conduct during the interval ana
to all the circumstances tending 10
show the state Of his mind at the time
he committed the act.
o II the Jury believe from the evidence
that some months prior 10 the killing OF
Thalhimer. the deceased. had seduced the
daughter OF the accused and that the
acsuscd Killed Thalhimer In the first
transport Of passion and without sufficient
cooling time because OF the prOvocation.
such killing would be manslaughter; but
II the Jury shall believe that the accused
killed Thalhimer deliberately. and upon
revenge. after the fact. ana after suf-
ncient cooling time. such killing would be
murder.
ADDITIONAL INSTRUCTIONS.
The court granted the above instruc-
lions with the addition OF four others,
which were as follows:
~. II. from the whole evidence the
Jury believes that j. r.. WINNER commit
led the act. but at the time OF doing so
was under the influence of diseased minu'
and was really unconscious That ne was
committing n crime. he is not in law
guilty of murder.
H. If the jury believe that from any
predisposing cause the prisoner mihn
was impaired and at the time or killns
Mr.. Thalhimer ne became or was men
tally incapable of governing himself III
reference 10 Mr. Thalhimer. as the raw
ishcr OF his daughter and at the time OF
his committing said act, was by reason
OF such cause, unconscious That he was
committing a crime as to said Mr. Thai
himcr. nc IS not guilty OF any offence
whatever.
u. The law does not require that the
insanity which absOlvcs from crime.
should exist for any definite period. but
only that IL exist at the moment when the
act occurred with which the accused
stands charged.
l3. The court further instructs the jury
that. although the accused be labOrins
under partial insanity caused 10y the fact
of the seduction of his daughter yet II
ne understands the nature and character
of his act and its consequences. ana mas
a KNOWLEDGE that il Is wrong and crlinl-
nal and "a mental power sufficient 10 APP
ply that knowledge TO his own case, and
10 know that II he does the act NE VIII
do wrong and receive punishment ana
Processes without VIII suihclent 10 Su7-
tain the impulse that may arise from "a
diseased mind. such partial insanity is
not sufficient to exempt him from re-
spOnsibilitv to the law for his crime.
THE AFTERNOON SESSION.
Promptly at 4:30 o'clock Judge witt
entered the courtroom which had beea
previously packed almost 10 suffocation
with a porspiring and scething mass OF
humanity, and shortly afterward MT. IL.
NJ Smith and commonwealth ttofhey
Richardson pushed their respective ways
through the crowd. with considerable DIFF
fculty. getting TO their places. Captain
Epps thought the crowd was the largest
he had ever seen I'm the courtroom, ana
IL was certainly a hard crowd 10 manage
Judge witt gave notice that anyone IN
dulging i'm applause for either one side
ar the other would be arrested and fine
imposed. The jury came In and We're
pollod. and Mr.. Charles 1hai'imer, father
of the dord youth, came into the COURT
ROOM attended by his brother. This gem
tlcman had the appearance Of man
who slept very little. and worry over the
unfortunate circumstance Of the tragedy
i'm which his son played the leading part
was telling upon him. lie was the cyno-
sure Of all eyes. and when he appeared
I'm the room many expressions OF sorrow
went out TO him.
Mrs. WINNER and her daughters also
attracted the attention Of the people. ana
when they had seated themselves just be-
hind the accused. they mOdestly shaded
their faces and shrunk down into their
seats as much as possible. i'm order 10
escape the continued stare Of the crowd
of men.
His Honor Immediately proceeded 70
read his instructions TO the jury. during
which oporation the vast crowd OF spec
tators stood almost brcathiess. so deep
was their interest i'm the proceedings ana
so anxious were they that not one syla-
BILE Should escape them
MR.. RICHARDSON ADDRESS.
The first llne SttilOl1 MN4N 'N-t1 N''t''*
bv Commonwealth -Attorney Richardson,
the tenth. eleventh and twelfth by the
defence. and the thirteenth was written
Dy the Judge himself
AT the conclusion of the reading OF the
instructions Mr.. Richardson began MS
address to the jury.
At the start lie congratulated the prs
oner on being able 10 have such able
counsel on his side. and declared that his
opponents were the peer Of any. He re-
fcrred TO the many sad features Of tile
case. and reminded the jury that they
were here TO decide on the merits Of the
case. and not on their own personal sym
! pathy.
when I reflect that two families are
shattered. that a young girl has been
| forced to come before this court and tes-
| tifv TO the wreck OF her life, when / rec
| fleet that I'm the church-yard there lies
| the 10Y of fathers and mothers lie,
| il is sad indeed: but / feel it my duty TO
state the facts and circumstances OF
the case according to the law OF the
land. and not from the standpoint OF
chivalry." said Mr. Richardson.
The prosecution attorney then went into
a discussion Of what constituted the law,
and explained that revenge had no place
I'm law but that il was relict OF bar
barism The right to defend life Is rec
ognized hy law. 4 man has right 10
defend his person. his family, or his
! property. but this right must not be con-
founded with the barbaric law OF Vense-
| auge.