Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1897-05-08

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prove anything, yet the Common
wealth did have TO prove everything
After dispOsing OF the instructions
Mr.. GarRett dwelt ON the surround
ings OF the scene OF the alleged crime.
CAPTAIN GEORGE d. wIsE.
AT 8 30 o'clock Captain George ID.
Wise followed Mr. Garrett in defence
Of the prisoner. and gave hls version OF
the Instructions in the aggr, gate. He
aid he was not present Co excuse
crime, ana IL the prisoner was guilty
he would not have particle OF sYmpa-
thy from him, only the facts should he
established by the eviderce. he spoke
OF the Importance Of the fact that the
jury had visited the grOu, d and could
therefore, fully understand the situn-
ton be demonstrated that IL the
pris oncr had really done what he wa
charged with, he would be an idiot
Statemen. after statement Of the en-
tire evideI ce he passed in review. and
endeavored to prove the att, r ips Dc SSH
oliity OF the facts as implied in the
charge.
Captain Wise spoil for more than an
hour. and next called ON Mr.. Garnetv
to read Mrs. Lowrie's testimony to the
jury as taken from the stenogrs piers
report At the close of the reading
captain Wise called attention to GER
tam Inconsistencies in Mrs. Lowrie's
testimony.
At the close of Captain Wise's ed-
oress, p. m, a recess was taken for
one hour.
THE JURY RETURNS.
At 10 :O5 p. m. the jury sent word to
Judge Ingram that they were ready to
reappear in the courtroom and they
were at once taken TO the box. The big
crowd of spectators who filled all the
available space in the courtroom lust
outside OF the railing, remained in pro
found silence, anxious waiting the an
nouncement of the verdict.
Gentlemen Of the jury" said Clerk
Duval, have you agreed on n YER
"We have" replied the foreman, C..
II. Sharp in handing the paper to Mr.
Duval,
1--WE the jury end the prisoner gull
~ as charged in the indictment" read
the clerk, and fix the punishment at
ten years in the State peHitentiary
There Was n murmur surprise pass
ing through the audience, Which Wa,
however, promptly supprt ssed by thu
court officers
GEN lvmen of the jury" then laid
the court, you will now be discharged
from further attendance and the courI
desires to tender its thanks TO you .fui
your attendance during the trial. fee
justin, din saying that DO jury has ever
given greater and more careful cons d
GRAFTON to a case than you have done
Captain John A. Lipscomb. the Chief.
of-Po.ice, was then addressed by the
court: desire you TO see that al
crowds, Who as L have been informed
are in the habit of gathering around
the jail, are dispersed aud that ali 10
owners where crowds assemble as vel
as those VII > do assemble are reported
to this C urt."
TO SET 1T ASIDE.
Mr.. Garrett next moved that the We
0.ct be set aside as contrary to the Law
and evidence. He also moved an arres
OF ludE ment in order to Correct som,
errors on the face of the records.
: In making the motion just submitted
by b colit ague, he said, this b al beer
=, done so that the upre me Court OF AID
= peals of Virginia should decide wheth
er the facts contained in the evidenc
: constituted an attempt of assault.
Inc cOulJ IN giving the lnetruC
: tions," remarked Judge Ingram, -di,
, SO after most careful and mature con
J sideration. The court is very much il
e debted to counsel of the defence as vel
as 10 the Commonwealth Attorne,
6 for their prI sentation of views in re
gard TO the case. In addition, tn
q court has made an investigation ever
: outside of the cases cited 10y counsel
= The inttructions given by the cour
: embody the law as the court under
b star DIS il aud therefore, shall not TAX
the matter under advisement but over
rule the motions al this time, becaus,
a further consideration would not alte
+, the views of the court"
n At the Tt quest of counsel for the de-
= fence, stay OF sentence was granted
until the recOnvening of the Surrem
: Court of Appeals in this city next fall
1 The bills of exception and the testimo
q ny are to be submitted to the cour
y next MoLday.
- HOW THkY STOOD.
q The jury remained in consultation
= only thirty minutes and every juro
{ was convinced of the guilt of the pris
D oner. There " as only a difference O
e opinion as TO the degree Of punishment
n During the only ballot that was takel
four jurors voted for three, four, fiv
and six years imprisonment in the pei
itentiary, while of the remaining t.,
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