The times. [volume] (Richmond, Va.) 1890-1903, 1897-05-01
TEN YEARS FOR WESLEY MAYO
The Negro Convicted in the Manchester
Court Of Attempted Assault,
THE JURY OUT ONLY THIRTY MINUTES.
The Proceedings of tho Last Day of the
1rial-Instructions to the Jury aud
the Summing Up of Counsel
Speedy Trial.


was arrested on the charge Of attempting
q criminal assault upon Mrs. Mamie Il.
l.owric on her husbands farm In Chester
Held county near Manchester was con-
Nicted last night and his punishment
hNeo 40 ten years i'm the penitcntiaTy.
'h iasl Monday morning. Mayo WAS
arfAkned before Mayor Maurice ana
sent on 10 the lIustlngs Court Judge
ingram deemed this case OF sufficient i'm
p1itancc 90 impannel a special grand
jury Tor the same afternoon at O'Clock.
Mayo was promptly indicted and on
tncsduy morning Judge Ingram Issued
special Ncnirc of petit jurors, setting the
ease for trial for Wednesday morning at
10 o'clock. For the past two days the
codrt lawyers and jurors have been hard
% work. Sitting the evidence and last
night at l0 o'clock after a conference Of
Only haf an hour, the jury rendered a
verdict of guilty and fixed Mayos term
of Imprisonment at ten years
A LARGE ATTENDANCE.
Long before court opened yesterday
morning. lGrgo crowds Of people
gathered about the court green,
thereby showing that the IN
tefcst in the case stiD continued. The
court room was crowded when Judge
Ingram entered upon the bench. He an
nOunccd that he would allow counsel 20
again examine Mrs. Lowrie. Before this
was done, however, Captain Fitzgerald
was recalled for a few moments, and the
courtroom was then again cleared 10
enable Mrs. Lowrie to testify.
Captain Lipscomb. who was recalled by
Judge ClOptOn, reiterated that the Low
fios farm was situated within the city
limits in the county Of Chesterfield.
Mrs. Lowrie was then recalled and ques-
toned by Mr. Garnett. She said: When l
went after the horses / was compelled
20 go towards the accused. He was then
this side OF the fence on my property
near the fence. He stopped when / came
20 the place where the horses were.
picked up the lines OF the horses and led
them away. This was the first time he
ran after me. He came within about
thirty or forty yards.
When the wagon passed through our
place the accused started on after he
saw John Brown coming. After he had
gone half way from my gap 10 Mr.. An
dcrsons. l thought he had gone on, and
there was no danger OF my going after
the horses. Then / came out. and when
he saw me he ran up Drewrys lane lie
was on Drewry's farm at that time. He
got into the bushes then, and ] was
afraid. and sent my little girl after the
COiored woman Henrietta, and when j
looked again / saw him on this side OF
the ditch. He was in run towards me
until he got TO the shrubbery. Then saw
Mr.. LOwrie and Mr.. Hobeck, ana let the
horses go and ran through the rye-patch
10 attract their attention He came over
the wire fence and the ditch towards
ame and was looking towards me, He
,came TO about thirty or forty yards. the
same distance as before lie stopped be-
fore Mr.. Lowrie came lie could nav,
caught me before Mr.. Louvre came, had
he kept up running.
TOOK AN EXCEPTION.
do you know why he stopped?" asked
Judge Ingram.
II don't know; I suppose he was afraid
coming towards me-" replied the witness.
Captain Wise moved 10 strike out the
question. but the judge allowed IL 10 80
before the jury, and Captain wise TOOK
an exception.
on cross-examination witness stated
both times the accused ran and stopped
when he came within about thirty or Tor
u Yards. The second time he was on my
property this side of the fence, which d.
Nidcs it from Drewry's.
The court here stated that he would rule
out the above answer Of the witness as 10
hcr opinion why the accused stopped
When asked by Judge Clopton. witness
said that the nearest the man came 10
l,r was about as far as from the witness
stand TO the opposite corner OF the court
IoOm.
Captain Wise here asked the court that
the jury Doe given an opportunity TO view
the premises. This was conceded by the
Court. and the sergeant was orueIeo 10
secure a. vehicle. The court hldteu llo1
The jury would have 20 take mercy Il
view of the ground. and that no point
iug out OF spots would be done.
one of the jurymen here asked wneth-
or they would be allowed 10 ask Mts.
1 ,oyvrie "a question. The court replied IN
The negative. and Captain wise took an
exception 90 this ruling.
The jury was then taken out on the
court green and counsel began 10 argue
The in. tructiOns submitted 10 the court |
IVhen the CONVEYANCE arrived, which was
TO take the jury TO Mr.. LoWrie iarin'
rher were brought back into the court
room. Judge Ingram instructed tne.n
fnat thew could walk over the grounds 10
examine the situation but tney ahoulu
ask NO questions. even not or the oihceIs.
They should also be- careful not 10 20
outside of The jurisdiction or lne CVul'.
The argument OF the instructions was
theu continued. -
A lW j.. ~. the jury returned from |
the trip 90 SIR. Lowrie's farm and hlleen |
minutes later Judge ingram re-entereo |
The bench. having in the meantime pre-
parcd the Instructions which ne was about
90 give TO the jury.
INSTRUCTIONS TO THE JURY.
The instructions we're very lengthy and |
read by the Judge 10 counsel on botn |
sides. They contain the following i'm |
portant facts.
An Indictment is a mere accusation,
and no evidence by itself that the crime |
has been committed, and no juror IS 10 /
be influenced by it TO any extent
After explaining the nature OF the 4
crime charged and defining what is TO |
be understood under assault and attempt |
OF assault. the instructions state that the /
assault is 10 be proved as well as the |
intent. but this need not be done by di-
rect testimony alone but IL can be done |
by inference.
In order 20 convict the prisoner the as
sault. OF the attempt OF assault must be
proven. An attempt IS an apparent un- |
fnished crime. but IL must show the IN
tent and some direct act. apparently |
aaantcd to produce the crime.
To convict the man the jury must
Ie satisfied that there was an intention |
aud an actual attempt Of assault beyond |
"a reasonable doubt. otherwise the pris-
oner must bee acquitted.
An indecent advance is not sufficient 20 |
eetablieh am. attempt Of assault, as Is
charged but n the jury believe that the
rrie,ner had the intent and manifested |
fhe same bv some outward act they |
must nnd him guilty, although the jury |
NAV think that he abandoned the at
tonpt for the reason OF fear.
If the jury be satisfied that the pris-
onrr Intended the attempt but afterwards /
voluntarily desisted from H. this iact
must be considered In favor Of the pris-
OnCr. -.
Persons charged with crimes must be
considered innocent until their gult IS |