The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1896-06-21
PORTSMOUTH NEWS
The E,nn, Case.

The interest in the Eiam case remains
uNabated. The attendance at the Couri
yesterday was large. The papers yes
| terday announced that the argument
would begin yesterday morning. us /!
had been SO decided. bul. when the Court
| opened Judge burroughs said he had
some more witnesses he would like t.
introduce. After corsidsra Bile time was
taken up. Capt. Marshall pres snted the
Following instructions, which, The desired
the Court Ito give:
Ii the jury believe from the evidence
that the article referred to liz the indlct-
| ment was printed in THE editorial col
uInns of the New Daily Pilot on the 23d
or April, 1886. ard was circulated in
Noifolk county, of which editorial col
umns w. c. clam was in charge, that
the articles referred to placsd the said
w. C. ELAN in contempt of this Court
and they must find him guilty.
captain Burroughs objected 10 the in
structions. and said that while w. C.
ELAN might be editor of the Pilot there
was no evidence that hawrete the arti-
Gle. Mr.. Eism cannot be held for what
was done by the Pilot Publishing Com
Pany. Iha ,corporuti ton alone Is liable in
the COURTS. civlhy, and possible crimi-
naliy The Commonwealth must provo
It's case against the man before u. can
prosecute him.
captain Marshall replied and said that
me position of Captain Burroughs
was correct no editor of any paper
could be. tried and convicted in any court
unless ne came forward and acknowrl.
edged that HIS had committed the offense
An editor is as much responsible for an
article appearing by his authority and
published as an editorial as If he had
written IT.
Counsel for the defense denied that
the Commonwealth had produced evil
dence that w. G. ELAN wrote tho arti-
Gle complained Of
captain Burroughs asked what the
| jury wais to decide, and Captain Mar
shall said that he claimed hhat the
Count decides the guilt and the jury
likes the punishment
Captain Marshall then offered the fol-
| lowing instruction: THE Count instruots
the jury thnt any evidence produced al
TINS trial showing lawlessness in Nor
Iolk county shall not be taken by the
| jury either in justification or mitigation
OF the contempt of court charged in the
indictment"
| captains Burroughs offered as In
struotion that IF the jury believes that
the article complained of was written
without malice and with, Justification q
verdict of acquittal shall be Geturned."
| captain Burroughs made a motion
thas the jury be discharged because
George w. Murden, one Of the Jurors
IN inns case was a juror in the case OF
the commonwealth VS.. Frank Simp-
son, and addressed the court in favor
| of 1t.
| Judge West denied the motion to dis.
| charge.
A recess was taken until o'clock:
! Neither the counsel nor the Judge
We're very prompt in returning at hour
appointed. and 1t was nearly G o'clocl,
before the court was again opened. Az
Ter some preliminary remarks by the
counsel on both sides, the Judge an
hounced that he did not think that the
counsel had h71 sufficient time to lool;
up hhe authority for the instructions
asked Tor. so he would continue the cage
uhlii Monday morning, when he would
uehVer ms opinion after looking into
| the matter further for himself.
| Inc Cou!E was then adjourned until
Nonday at 1880 O'Clock, when argumen,
VIII begin and the case will proba blv
go TO the jury during the day.
| Judge West went to his home an Sus.
sex last night. and will return early
Monday morning