The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1896-08-30
IT'S WITH THE JURY
The Argument In the Case Of Ey.TreaSlrer
C, W. Wright Concluded.
STRONG PLEAS ON EITHER SIDE.
The Great Case Has Reached Its
Final stage nnd the Fnto of the
Ex-Omcial Now Rests with u Jury
of His Pccrs-No verdict Yet.

of His Pccrs-No verdict Yet.
Suffolk, Va. Aug. 29.-(SpeciaD.-The
eleventh and closing day in the now
celebrated case. Commonwealth of Viz
ginia vs.. Major G. w. Wight, eX-treas-
urer of Suffolk. charged with unlawful
ly misapprc priation of more than $1,000
OF public funds, was frought with ora
tory and eloquence. From morning till
the night was well advancing the cour;
room echoed to tho voice of attorneys
in the enunciation OF legal principles
and the application to the case al hand.
Not only have the speeches in quantity
and quality broke the record in the
criminal history of Nansemond, but
the crowds which surged in and around
the court houSe were probably the larg-
est which ever attended a legal pro-
cedure In Suffolk. Again, In length
and ability OF counsel engaged in TIE
case is record breaker for old Nanse-
mond. The argument has now been
completed, and the jury Is celebrating
on verdict, They were discharged
about y. M. till Monday morning
when they Will endeavor to reach
verdict
When court was convened Judge xii
by ruled on the instructions which had
been submitted The amendments
which had been presented by counsel
on both sides were rejected The court
made some changes in the vcrbiage of
the instructions, and rewrote No.
as originally presented. Counsel for de-
tense noted exceptions. The first ten
were submitted by the defense. and the
last TWO by the prosecution. Here they
are:
Instruction No. 1.-The court instructs
the jury that in order to convict the
accused of the offense charged in the
Indictment they must believe to the eX-
"a
only that he failed to pay over 10 the
town of Suffolk some portion of the pub
lie FUNDS, which come into his hands as
It's treasurer, but they must further be-
lleVe from the evidence to the exclu-
sion or every doubt that he knowingly
misused and mi app. onr.ated the same,
or knowingly disposed thereof other
wise tfan i'll accordance with law and
with fraudulent intent.
Instruction No. 2.-The court ins.ructs
the jury that no mere pre- ion lerance of
les !mony or weight of preponderant
eVldence is sufficient TO establish the
cullt OF the accu-ed but every material
tAci necessary to his conviction must
be proved to the exclusion of every rea-
sonable doubt. And the cour; fi,rther
instructs the jury that If a reasonab bic
doNot can be raised in the minds OF
the jury from he evidence in the ca So
or the inEe' lily OF counsel shat doubt
Is decisive of acQui al. To doubt is
10 acquit, for ve"dict OF not guilty
means no more Il that the guilt OF
the accused Is no. established in the
narrow and specific manner prescribed
by law.
instruction No. 3-The court instructs
the jury That felonious intent is an
essen'ial Ingredient of the crime charg-
eu IN Inc Indictment, and that the bur
oen l. upon the commonwealth TO prove
ne existence of such Intent 10 the cX
ciustoh oil every reasonable doubt. And
the court further instructs the Jury
ina: II 'hey believe from the evidence
that upon its being rumored or as
serted that the accused had not fullv
palu over to the proper authorities cr
the .own of Suffolk all sums of money
due by him as its trea asurer when re-
CURED by law to do so, the accused
expressed to the council his willing
ness TO pay to said town or authorities
any sums of money that might be as
ceftained TO be due by n!m to IT, hut
upon an examination by experts OF his
transactions, by arbitrations or other
wise ana that upon the demand and
assertion OF said authorities or coun-
Gil that he was indebted TO said town
lie paid to 1t the sum of $G412S5 i'm set
tiement and compromise of all lis
claims and demands, then SUCH cir
cumstances may be considered by the
Jury as hearing upon the question OF
the fraudulent or felonious intent of
the accused Knowingly to misuse or
mlsanprnpr!atc said sums OF money o;.
knowingly to dispose thereof otherwise
than In accordance with law. And if
thcy believe that such intent did not ex
ist In fact they must find the accused
not guif;y.
Instruction No. 4-Tho court instructs
the jury that it they believe from the
evidence that the accused in good
taith believed that under the charter
ana ordinance of the town of SuToIl;
he was legally and lawfully entitled
ID con. missions on bonds of the said
town and the balance turned over 10
nun by his predecessor and that he re-
tanned such commissions in good faith
IN tnat belief, then they cannot find
him guilty of fraudently misusing or
nisappropriatinG such commissions or
disposinG thereof otherwise than IN ac
cordance with lew, and this is true even
though they should believe that ne was
not in fact entitled to such commits
sionS.
instruction No 5.-The court Instructs
the jury that IL they believe from tho
evidence that the accused claimed thai
he was entitled to commissions on tho
bonds of the town of Suffolk on the
advice and upon the opinion of coun-
sci to the effect that he was so entitled
and upon such advice and opinion re-
tanned the same. then they will fir hin,
not guilty of embez2l!ng the amount
OF such commissions even though they
should In fact believe that he stated