The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1896-02-12


MT. Mcllwaine told the jury that dur
ING the progress OF this trial he might
iave shown irritability. Mr.. NIcIlwuine
assured the jury that he never exhibited
1t wlthout cause. and nothing he did
or sald was intended to be disrespectfuI
70 the Judge or disregardcd of the jury
Nhen ne saw advantages being at
tempted to be taken OF his client he
could not set in his chair. God grant
that he may never change In that re-
spect. Tie would never tell q Jury he
believed man innocent unless he be-
leEed II. He had no more right to be
dishonest with the jury than he had a
right TO be dishonest with his God.
Judge Hinton has said lie wanted 10 see
ftarris dangle from the cross beam Of q
gallows. QIere Mrs. Harris, the moth
err OF the prisoner, wept aloud. and the
eyes, of the prisoners wife were moist
with tears. The prisoner himself was
perceptibly affccted)
Mr.. Mcilwaine said the abuse of IIar-
ris by Judge Hinton. In his speech be-
fore the jury. from beginning to end.
was not justified by one word of the
evidence.
Mr.. McIllwaine said that he hoped
when Judge Hinton appeared before the
great white throne he would be so peni-
tential that the tear OF the angel would
wipe out that speech he made yesterday
Mr.. McIllwaine said he hoped 1t from
the bottom Of his heart. Mr. McIllwainc
asked where did Judge Hinton get his
law from to sustain him in his conten-
tions in this case. He didn't get 1t from
the instructions OF the court. These in
structions given by Judge Mullen did
not suit Judge Hinton. because he could
not convict this man Harris on them
Judge Hinton went to Massachusetts
and several ether States for law to
hyIn hnFn 1,n inv \ H..
ginia Is the law under which we went
you to decide this case. We want you
to decide this case under the law OF
Virginia. That is good enough for r. IT
Harris. Mr.. McIllwaine reviewed the
evidence at considerable length and
then discussed the instructions and un-
folded the law. Mr.. McIllwaine said
that Mallory brought the killing on him
self, and we must lay the blame where
II belongs. III his running comm entary
on the instructions Mr.. NIcIllwaine gave
She various classes OF homicide. Mr..
NIcillwuine asked the jury when they
went into their retirement to turn over
to the fifteenth instruction. for in this
instruction lies the theory of the defense.
which. he believed to be the truth Of
1.-The case. MIR. McTllwaine said he re,
GREETED the killing of Mr. Mallory, but
under the circumstances he only Won
dered the tragedy did not come sooner.
MI. MCtlIWalnc lplu lne jury lnul lie
had argued the case from the stand
poin; of the Commonwealth. and then
asked how could they hesitate for one
moment in finding the person mot
guilty" after the testimony of the de-
fcnsc was added
Mr. McIlwaiua in referring to B:'b
Davis said the court put him on the
witness stand. MI Moilwaine said
that Judge Hinton had stated that
tn,
He (Mcllwaine) thought Davis testimo-
ny had been misunderstood. Mr.. Nell
waine said nobody knew what passed
between Harris and Mallory on the
night OF the fatal shooting. but Harris.
He believed that Harris had told
truthful statement about the affair. Mr..
McIlwaine thought that there was no
evidence TO convict Harris OF murder in
the first degree. second degree, OF
manslaughter. and he would tell the
jury they ought 10 acquit him. Harris
does not cccupy the position he did
week ago. Doubts have been cleared
away and Harris has to-day thousands
of friends, where to-day q week ago
he had only few We don't want
you, the jury, TO depart from the tes-
timony. but simply 10 be governed by
the testimony and the law of Virginia
MIR Mcllwaine again asked the jury
on their retirement TO read the fittceuth
instruction, and in connection with Il
the sixteenth instruction, then they
would have the whole case. In clos!u.
and with much effect, Mr.. MclIWa inc
said. Just twenty-nine years ago TO-
day that hoy tpoirting 10 the prisoner
came into this world. Gould YOU more
ittingly do justice in this matter. and
please his people more than by sending
him home to his mother, wife and four
little children. You will never have
cause to regret it."
AS these words fcll from the lips OF
the speaker the mother and wife OF
the prisoner, and the prisoner himself,
wcpt
Mr. Mcllwaine closed his speech at
o'clock. and then the court adjourned
TO $50 O'Clock for dinner.
The closing argument before the Jury
was made this afternoon by Common
wealths Attorney William ii. Jones.
who concluded at o'clock, when the
case was given to the jury, who after
two hours dcliberation came into court
with verdict of guilty of voluntary
manslauGhtcr, and fixing the punish
ment at two years in the penitertiarv.
The light verdict was great surprise.
The verdict was IL compromise, five of
the jurors being for acquittal Counsel
for the prisoner stated that they should
ask FOR new trial on the ground that
the verdict was contrary to the law and
evidence.