Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1896-11-19
NEARING THE JURY.
CONTINUED FROM FIRST PAGE)
he was committing lawful act in an

no was committing a lawful act in an
/ unlawful manner.
! 7 Every homicide in Virginia Is pre-
summed In law to be murder in the second
| derree. in order 10 elevate the offence 10
| murder In the first degree, the burden or
proof Is upon the Commonwealth; and 20
reduce the offence to manslaughter the
burden OF proof is upon the prisoner.
g. To sustain proyocatlon as deiehce
TO murder in the nrst degree, IL must De
shown that the prisoner at the time OF
the fatal blows was deprived Of the power
| of seIf-control by the provocation which !
no had received: and In deciding the
question whether this was or was not the
| case regard must be had TO the character
| OF the provocatiOn. the nature OF the act
| by which death was caused, to the time
which elapsed between the proVocatioh
and the act which caused death, to the
| offender's conduct during the interval, |
and IA all the circumstances tending TO
| show the state of his mind at the time he
committed the act.
o II the Jury believe from the evil
1 dence that some months prior TO the
killing OF Thalhmer the deceased had be-
trayed the daughter or the accused ana
that the accused killed Thaihimer in the
first transport OF passion and without
| sufficient cooling time because of the pro-
| vocation such killing would be man.
| slaughter. but II the jury shall believe
from the evidence. beyond all reasonable
| doubt that the accused killed Thaihimer
deliberately and upon revenge, after the
fact and after sufficient cooling time, sucn
killing would be murder.
10. n from the whole evidence the jury
believes that j. Il. WINNER committed
the oct but at the time Of doing so was
under the influence Of a diseased mind, |
and was really unconscious that he was
committing n crime, he Is not In law gull
| ~ Of murder.
II. II the jury believe that from any
predisposng cause the prisoners nina
| was impaired. and at the time OF the
killing Of Mr.. Thalhimer he became or
was mentally Incapable OF governing him
! self In reference in Mr.. Thalhimer as the
betrayer OF his daughter, and at the time
| of his committing said act was by reason
of such cause unconscious that he was
committing a crime as to said Thalhimer,
he is not guilty Of any offence whatever.
~ The law does not require that the IN
sanity which absolves from crime should
exist for any definite period, but only that
IT exists at the moment when the act oc-
Cured with which the accused stands
| charged.
10. Although the accused be laboring I'M
! der partial insanity. caused by the fact /
| of the betrayal of his daughter, yet II ne
| understands the nature and character OF
| his act and its consequences, and has
! knowledge that II is wrong and criminal,
and a mental power sufficient to apply
| hat knowledge to his own case, and TO
know that II he does the act he Will do
wrong and receive punishment, and pos
sesses. withal. a will sufficient 10 re-
strain the impulse that may arise from a
diseased mind, such partial insanity Is
not sufficient to exempt him from respon-
/ 70, ha Ia
The Argument of Counsel.
As soon as the reading OF the instruc-
| lions was concluded. Mr.. Richardson, the
! Commonwealth Attorney, opened the ar
gument for the prosecution. He con-
graduated Court, jury, and counsel that
| the tedious trial was nearing its end
and thanked all for the courtesy and
! consideration shown him. Mr.. Richard
! son explained at the outset that he had
had no acquaintance with the prisoner at
! the bar until after the tragedy OF Septem-
Der 9TH mad been enacted. and therefore
felt but the keenest sympathy for him ana
| his distressed family. He went carefully
over the Instructions and explained each
one. and drew a very nice distinction be-
| tween revenge which the law punished,
and defending ones home or self or
family, which the law justified. Mr..
/ Richardson reviewed with perfect Sc
quence the evidence Of the many wit
nesses. He pointed out several statements
| I'm which WINNER was cOntradicted as
| TO material facts touching this case, and
spoke at length of the testimony which
had been ad1uced by the Commonwealth
| with reference to his visit TO the store OF
Mr. Charles Thalhimer last May.
WAS a PAINFUL DUTY.
Mr.. Richardson declared that the duty
which befell him IN this case was a pain
ful one lie felt keen sympathy for the
family who were present in court, the
father on trial for the highest crime
| recognized by the laws Of the Common
wealth, and one OF the daughters in a dis
| honored condition. lie felt from the bot
| tom Of his heart his little girls humila-
tion, but he also recalled another family
one bereft of an eldest son and brother,
! one whose most loved member was sleep
! ing his last sleep In a nearby cemetery.
| Mir. Richardson's speech was couche1 I'm
! chaste language. and was delivered with
much force. He was attentiyely listened
to. He paid high compliment to Mr..
| Charles Thalhimer. father OF the dead
boy. as a citizen, and emphasized that
man had right TO defend his home;
his family, but had not the right to go
out with revenge. admitted revenge, in
his heart, and ruthiessly slay ana slash
| TO pieces a mere boy.
He referred briefly 10 the instructions
! concerning insanity, saying the first time
since his connection with this case that
the word insanity was ever mentioned in
| his presence was when those instructions
were presented.
SPEAKS FOR THE PRISONER.
Mr.. Smith followed the prosecuting at
tOrney in Il speech Of about an hours
| length. His effort was very fine, and was
! punctuated with flights of oratory and
| many pretty poetical quotations, that
| were applicable 20 the case. lie was fire.
quently interrupted by murmurs of ap-
| plaUse from the dense crowd OF specta-
tors that filed almost every inch Of space
within the courtroom.
Mr. Smith began: "In appearing as
counsel for the prisoner at the bar, whom
it Is my duty and my privilege to de-
| fend and whose unfortunate position has
| deeply engaged my synpathes, / will
| not properly represent my client or my
| self If / am lacking in respect or con-
! sideration for tender feelings OF a loving
| father. whose presence here is duty
| that ne feels he owes to the memory of
! a well-beloved son. Whilst trusting in my
own poor manner. and hoping for my
clients sake, to do full justice to his
| cause. these considerations need not de
| ter me from expressing a full measure "
| sympathy over an occurrence which has
| cast a gloom upon the Threshold of more
than one honored family I'm this peaceful
community.
MEN die, but sorrow never dies,
| The croWding years divide In vain,