Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-01-24

lower grade ever since he has been I'm the
reformatory. and yet hardly knows his
A. 70 C's. Witness never observed any
intimacy between Foushee and Jordon,
and didn't know that they were intimate.
Mr.. +. l.. Thompson was recalled TO
the stand, and he corroborated in the
! main what Mr. Gibson had testified TO-.
He said that Foushee was an apt pupil,
and was up TO the night before the kill
ing monitor of the dormitory. He never
saw him do anything that would lead him
TO doubt his sanity. In selecting moni-
tors. witness always selected the most
intelligent and best boy in the ward
When Mr. THOMPSON concluded the
prosecution rested its case. and recess
was taken until $50 o'clock.
Tho Instructions and Argument.
The court reconvened at 800 o'clock.
and Judge Wickham read to the jury
| the instructions agreed upon In con-
| sultation with the counsel during recess.
The instructions were as follows:
| The Court instructs the jury that II
| they believe from the evidence that
| Charles Foushee was insane. any adj
| missions or confessions that may have
] been made by him cannot bind him or
Frank Jordon, who is indicted with him.
| "'rhe Court instructs the jury that
| every man is presumed to be sane, and
| to possess sufficient degree Of rea-
son to be responsible for his crimes,
until the contrary is proved TO their
satisfaction: that, If from the evidence
| the jury believe that al the time OF
striking with the axe the blow which
caused the death of the deceased, Ed
ward V. Tinsley. the prisoner, Charles
| Foushee. was laboring under such
| defect Of reason from disease of the
| mind as not 10 know the nature ana
possible consequence of his act, or IL
| he did know. then that he did not know
| that he was doing what was wrong, they
| Will find the prisoner not guilty.
THAT. If the jury believe from the
| evidence. beyond reasonable doubt, that
the prisoner though laboring under a
defect of reason or other cause at the
time of the striking with the axe,
which caused the death OF the deceased,
was capable of knowing the nature ana
consequence of his act and If he did
know then that he was doing wrong
and that so knowing, he struck the de-
ceased with the axe, with the wlitul,
deliberate. and premeditated purpose or
killing him, then they will md the prls-
oner guilty OF murder In the frst Degree
"The Court instructs the jury that,
although the accused may be laboring
derstands the nature and character or
his act. and its consequences, and mas
q knowledge that. 1t was wrong ana
criminal. and a mental power suihclent
to amply that knowledge to his own
case and to know that II he does the
act he will do wrong and receive PUNISH
ment. and possesses withal VIII SUM-
cient TO restrain the impulse that may
arise from a diseased mind, such
martial insanity Is not sufficient TO ex-
empt him from responsibility 10 the
law for his crime. -,,.,
."rhe law recognizes the homicdal
mania or irresistible impulse, and de-
fines II as a diseased state of the mnd,
the tendency Of which is TO break OUT
i'm q sudden paroxysm of violence VENT
ing itself in homicide or other dangerous
and violent acts upon friend and zoe
Unfortunately.
"Jf the Jury believe that Charles tou-
shee committed the act that resulted III
the death Of Edward Tinsley under an IT.
resistible impulse, which was the result
of "a diseased mind, they must acqult hiin'
''The law does not require that tne m
sanity which absolves from CRIME shou Ii.'
exist for any definite period, but only
.ta+ ~ eyists at the moment when the act
occurred with which the accused STATUS
charged. 4,
"The Jury are further instructed that IN
defence TO a criminal prosecution. upon
the ground of insanity. II Is not suihcleht
tbo+ the evidence should be OF such a
character only as to produce doubt on
their minds as to the insanity or the ac-
cused at the time the act was committed
The burden Of proof is on the
accused to prove such insanity 10
the satisfaction OF the jury, out IL neeu
not be proved beyond reasonable douot'
but nv a preponderance of the evidence
n,a,eIy. and II upon the whole evidence
tbev believe the accused was insane when
he committed the act, they should acqult
him on that ground.
Ts the Jury acQuit the prisoners or
either of them. by reason or beheVlng MN
insane. they will so state In their YER
dict" o,->-e,,r
when the Judge concluded the instruc-
.ione the argument was commenced. MT.
Cavle opened for the prosecution, ana
1ohoriouslv and carefully reviewed the
a,,idence bringing out and dwelling upon
o,,erv nolnt that might tend to strengthen
Tho commemorative case. Mt Gayle
evoke for more than an hour, and was
succeeded by Mr.. Burnley, who spoke at
ieneth for the defence. He also reviewed
the testimony, picking out and bringing
onward the nuggets therein which
nod q tendency to assist the case
of the defence. He answered fully
10 arguments of Mr.. Gayle, ana
lai6 great stress on those portions
Of the instructions which favored his
clients He called attention to the fact
that no evidence had been introduced 10
connect Jordon with the crime, and made
a strong plea for both boys.
Mr. potts next spoke for the defence
ond In the outset returned his thanks "a
che iurv for their attention to the evil
dence He carefully reviewed the tes-
t,,nonv with reference to the insanity
which existed in the Foushee family, and
made a strong appeal for the boy. lie
Maid special attention TO the testimony
Of Mrs Moon. and spoke OF her candor
and evident truthfulness. He dwelt upon
the lack of motive for the deed, and con-
clnaed with a strong appeal for a ver-
dict of acouittal.
CLOSES FOR THE DEFENCE.
Mr.. Page closed the argument for the
defence in an eloquent plea for his
clients. He referred in the outset with
great feeling to the deceased, ana 10 ms
weeping widow, and earnestly deprecated
tho deed which had ended the life OIL
the former and widowed the latter He
however. asserted that it would be a
satisfaction to the widow TO realize from
,be verdict that her husband had not
- Ina Nv an assassin but had met