The times. [volume] (Richmond, Va.) 1890-1903, 1896-02-11

tudc. as 10 afford him reasonable ground
Ior believing that said ". r.. Mallory
An1 q design 10 do the prisoner some
serious bodily harm with imminent dan
ser OF carrying such Design into imme-
riate execution. Trey must ind The pfi-
Noner not guilty. although they may iur-
thcr believe that appearances were de-
ccriive. and that The said Mallory had
no design to Go the p-.sorcr amy ercdt
personal Injury.
l6. n the jury believe from the evidence
that The prisoner I'D not provoke the
oificuity with the deceased for the pur-
pose of bringing ON conflict. and that
The facts and circumstance connected
with tho killing as they appeared 60 tho
prisoner Il. n. Harris, at The time Of
lhe killing constituted reasonable
ground FOR apprchcnding great bodily
harm from William i. Mallory although
the ground for said apprehension was
untrue and unreal. the killing is justin-
able and the jury must find the prisoner
not guilty. lf the prisoner acted from
reasonable and honest conviction he will
not be held responsible criminally FOR
mistakes 10 the extent OF the actual dan
ger. when other and iudiciOus men would
have been alike mistaken.
D.. But although the jury should be-
during a quarrel, gave the deceased the
wound which caused his death, and that
at the time he shot the deceased De had
good cause TO believe. and did believe, that
the deceased was making such demonaira-
tions as To indicate imminent danger Of
death or serious bodily harm 90 him at
the hands of tho deceased. yet if they
further believe from the evidence, be-
yond reasonable doubt. that the quarrel
was provoked and brought ON hy the
prisoner hy the use of language cacu-
lated and intended 10 cause am anray in
order TO afford him prcfext 10 take the
life of the deceased or 10 do him some
serious bodily injury. the probable result
of which would Dee death. and that inc
prisonod did give tho deceased the iatai
wound from which he died. as CHARGED
in Indictment. then should and the pris-
oncr guilty of murder.
is. IT, however. the jury believe from
the evidence that the prisoner was not
tho aggrossor. ana that the oppronious
language used by him. it Inc used any
WAS used with no intention 90 provoke
difficulty. but 90 ropel language ol
like nature previously used by the o'-
ceased towards him. and that at inc
time hc shot and killed me deceased h
from the evidence YOU believe he gave
the deceased the fatal wound from which
ho died. he had good cause 90 believe,
and did believe. that the deceased was
maknc such demonstrations towards MN
as indicated imminent danger of death on
serious bodily hsrm TO him al the hands
of tho deceased. then the prisoner shot In
scif-dofoncc. and you should find him not
guilty .......,,....,
After the instructions had been given
49,
A. Hinton. who is assisting Mr.. william
Dc. Jones. the Commonwealth Attorney
Judge Hinton, who is suffering from
hoarsoncss. began by saying that he
should not use any supplementary lam
cuage. but ho should not bc mealy-mouih-
ed in mis- prosecution of the prisoner
whom hc should call murderer ana as
sassin. Judge Hinton began his speech
at l0.lS o'clock. and CLOSED at -.ao J.. M.'
when the court ADJOURNED To o'clock ior
dinner. Judge iint0n's arraignmeni OF
the prisoner was very severe.
Harris mother and wife occupied seats
noxt TO him while Judge Hinton was
speaking. Mrs. Harris, the mother OF
the prisoner. kept her handkerchief 10
her ewes. most Of the time While Judge
Hinton was speaking.
MIR HAMITON's SPEECH.
The argument for tho defence was OPEN
ed this afternoon at o'clock 10y Mr
Alexander Hamilton Who spoke for
three hours. lie began 10y referring TO
the harsh manner in which Judge Hinton
had spoken OF Harris. and also % the iact
that Judge Hinton was not the Common
wealths Attorney. but paid attorney
20 assist in the prosecution.
Mr. Hamilton said. if ever he was "a
prisoner at the bar DEE would not want
man with thirty pieces of silver in his
hand. 10 prosecute him and call him
liar and coward. as Judge Hinton had
done Harris 10 is a little harsh said
Mr.. Hamilton. to talk of man as Judge
Hinton had done of Harris, whose hands
were tied. Thank God. said Mr.. liamil-
ton. Harris is not TO Dee tried 10y Judge
Hinton's opinion or 10y his OldmiitonD
opinion In conclusion. Mr.. Hamilton
said. if ever there was justifable homi-
eide. this is one of them.
Mr. William T.. Mcllwaine the leading
counsel for The prisoner. Will close the
argument for the defence tomorrow.
Iie will Doe followed boy Mr. William ii.
Jones. the attorney for the Common
wealth The case will probably go TO the
jury tomorrow night.
Among those I'm attendance upon the
trial to-day were several prominent min
listers.