The times. [volume] (Richmond, Va.) 1890-1903, 1896-02-12

cIncfsl and most eloquent statements of
facts that the jury had doubtless ever
listened t0. lc gave them t9 you plainly
but honestly.
REMARKABLE ASPECTS.
Air. McNwaine said chat before going
over The testimony nc wished 10 call at
tcuu0n to some of the remarkable aspects
OF tnis case. DE wanted The jury 10
weigh every word that he said. and if hc
was wrong t0 40 against him. hut ii he
was right Co., goo with him. AIR. Mcllwdine
remarked Chat uo case haI ever hristlrd
WITH so many remarkable features na
ibis case had. Judge Hinton has said
that Harris laid fro wait for Mallory, ana
relied ou The evidence or Gillrck Glazlcr.
and John Dixie. Mr. Mcilwainc said 10
Nc should tAr.lNt tAc testimony on
W'ion Judge Hinton hinged the argument
he made before tle jury there would oe
nothing 10 convict tlc accused. Air. Nc
I'waiue criticised very severely Gilleck's
testimony and said he would not hang
due on Theodore GlaZiers testimony
Referring to John DiNie's testimony, MT.
MtltWuiuc went Ou fo show by the wi
uNuc" of witnesses that no one saw Dixie
at ile scene of the shooting at the time
DO occurred. Ar. Mcllwaine salu Dixie
was drunk tlat night Die spoke Of John
IiNIc.s conduct at William Ellis that
uienf. ANA read his testimony 60 the Jury
o. show fhe dis.Iepaucic. in DiNic's sfato-
mont Air. MciiWalne said that Dixie
testified before the COrOners jury that he
dId not See Mallory killed buf now he
has the NTHyfn DfIrnUflr. ia coma here
ana say that Doe saw Mallory killed.
ENCORihTlNG A WITNESS.
Mr. McllwHne here said. gentlemen
of the jury. you are glatcly asked 20
place confidence Bon tne tcs timOuy OF such
q man. Are You going TO believe that
Dixie SAW tns affair as Dice said Doe dldt
~, g.. .',,.D ''..t ,co,.i.9 Nfr
McllWaiue said when that man Gilieck
was llt on the witness stand hy Judge
if4 tu .,liI f,,ri.,-.fi., ,.ifhfn him
81, +f,,,,..tI .i.t +i, iffl ,,~ lii,.rf,- of mo-
man V..s ..f. ~ b. ,."e fo hanc ON tee-
.. M . - ~ .,.,,." efil.lIr
De- t...lf. rr rr.1f-.oit.. caId De
..,0...f.I fl.t ,,.rtc.lifh' Aftor-
,..,. 1870. -i..fsf,.,'i Lii 5.er,ore ihilifv
for GnsrR br.ne put on sine witness
stand Rfr Iorrs renudiatod Gfllocx. but
i- &c., tr.rd I,
Irar. .rlir+or en1ael ie 60 Dow, vof tha /
,........,t i,... .+f..,l.'... ..... nrI has him
,,.....,li ... , ,.l,,,...- ana fnor, ,-ra,eiv
..ts vor rarfirmen al f6o iiirv 10 con-
,...f a. man .r nIs foerfrror- 10 is h0rrl-
me.
Gentlemen of the jury look at it and
weigh ID wei when Nou eo into fellI'-
ment, because these are facts ana lou |
cannot cet around them. Nj. Mcllwaine
eii tHn putting oi IlNock ON the eldiu !
was enough to have made the jury in-
dllnaut as well as counsel for the ac-
ruseH
-,rrrrpr, rN- coT-prIr-V
,tt.. .4
Alr. MrlWalne said J"i-t iiiilyii Iu Ii'u
not accorded hlm inc courtesy ol p'l"b
present this morning. for which he cared
nothing lie proposed TO Doe very care
ful NOT t0 say anything personal. ii'
should hD more particular because JuNse /
Hinton was not present. Judge Hinton
las rIff.n I'D here and told this Court
arI I.Irt fnnf. every word GIllcck said Was
f.. i,.Ir.rtant of such IA man. a. he bee
i. ..Il'..t,. f..ffnonv is tr,ia Here is |
r..l..t . ..ff.0orftae0I r0riur.r nut ou
r tt- .f.r,,,r,- ralir8 on fo [
IN, rl"iNi' "..' ,t., t.irt,
jaH' away ,Nt T 95 " I'.'i',i' ,II'.'iii',,iii't.,. tofd |
On Do pr .I' ',,','.t'.s M |
me JURY ita' Y.i l''r '' ,if,ff
inIa ihl n. li'-i.l "' tf,,t ia never /
Ilf i' '..s, a,i nofeirg |
sN",'i'' o, " .',I I'''o ,,ae intended TO- be- dis
re.pecffm 90 tnc judge or disresarded by /
fne ury When lc saw adYantaees hcins /
af.rrfal 10 be- taken of his client he |
.i r,, tt in bi4 chair God grant /
th.f nr MAY never change iu that Ie-
...,r
vror-fD NOT DECEIVE a JURY.
s 49, ,..fi,.,.,.a !
tie would never telt juis it utilSN t' !
man innocent uIlrN n' "'',, 49, |
nt nag ho H'. ii0tl' rt.-tt 80
WIN lhe jury ihdn me- I"N a. ',e't tli, ~ !
nr alshohtrl WIN nls H4"' '&",'1 & tr,rri
TON mas ftil it Mahttv D." ,-"..
vtNhIt rom we cry 'D'ii '' " f
lows. Here Mrs. Harris, me nothti /
of the prisoner. wcpt aloud. while the /
eyes of the prisoner Vile were moist !
WIN lDal~ nt prisoner iiilH -'ll Me9 /
ptfcopltiF alccltd. Nii NJ liWai,S r..le I
tle abuse nl Harris hy iuusc tilntoh |
ln his speech before tnc Jury from ue-
ginning 10 tnd, was NOT Juslinen py out
word oi me evidence Mr. lWalhe |
sala tnat ue hofto Mntn I"nhe 4tiIi.on
appeared Dtloie ult Nil,a' W .i''' iil . wv
nc Moulu ', so ''i.it,h' .ii", M ,,' t .'".s /
on ln' aN-'l M""" WY w rif,,,,o'i i,,o' i,, IN. |
n' ,l.N. f,', t., Lotfon, nf Iis besrr !
k. "ei n..t'- ..ted t,htr. 8i5 InGrt /
,i ~ ~ @ ,t l.,,. IRON, 81 sf,etafn MIN /
'ilt"', rtil,,e in mis- caec lle didn't !
%, Do fron the instructions of me Court
--f.te insfrurfions. given hv judge Null |
d., rid moi suif Judge Hinton because !
. '.l,.,id ,,of convict this man Harris ON !
I
'"'''i' .-..... .,.,,.l,>-f. f.f.u-
" An - Nli'i-Ni+N i+N w.
Judge Hinton went 90 Massacnusetts /
and several other states Tor law To utlhs |
before tho jury. thc law OF virginia is /
The law under which we want YOU 10 |
decide this case. We want Non 10 oc- |
eide this case under the law or virginia |
That is good enough Tor r.. n. larils |
Mr. MclIWaino reviewed the evidence |
af considerable length, and then dis /
cusscd the instructions and unioiaed tno 1
law Mr Mcllwaine said that Mallory |
brought the killing on himself, and We l
must lay The blame where n belongs I
ln his running commentary on the IN |
structions Mr. Mclwaine gave the Nari- /