The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1897-12-23
JOHN |. NID:ERSEN'S LIFE
It Is 10 the Hands Of the Jury and the
Law.
THE PRISONER DRAMATIC TO THE LAST
tho District Attorney inths
Middle of HIS Closing Argument
Mr. Mcintosh Eioqucntiy Plenda
SeIf.Defcnso-Tho COURTS Charge
Verdict Expected Today.

The third day of the trial ef John
Andersen in the Federal Court upon the
charge OF numbering William Wallace
Saunders, mate Of the schooner Olive
Peckcr, sees the evidence all in and
argument completed The case went
TO the jury at half past o'clock, and
court adjourned until 10 O'Clock to-
day. The general impression is that a
verdict will be reached In n compare
lively short time, and that 1t will
be guilty as charged in The indictment,
though whether the jury will avail it.
self OF the privilege Of nffixinE the
without capital punishment" clause.
can not be predicted. or course. there
Is possibility of an ncuuittal, but this
is considered extremely remote Under
me ruling OF the court the Jury must
either find Andersen guilty as charged
III me Indictment. or not guilty. There
can be no verdict Of manslaurhter
me prisoner was dramatic to the last
ana Just before the district attorney
concluded his closing argument, while
telilhs The jury that IL Andersen had
peen innocent he would have atloptcd
.Lhother course, the accused man spran,-
10 MS feet. saying, II am Innocent
MT, Whtte, and had ito be rorciblv
ballin ~ 'i' eourt
District Attorney White, openinp Tho
argument on prayers for iustruceions
SAID that the evidence precludcd the The,
DRY OIL killing in sclf-defcncc, and that.
therefore, II the prisoner IL found guilty
Oh crime it must be murder. IJpon iha
evidence OF the defendant he Is rI1ilt,, of
premeditnted killing. ii would he AIM
cult to conceive of n case in which Tho
intent Of the prisoner to take life could
more clearly appear. Adyerting Ia tho
ueiehuants prayer for Instructions. he
s'lu that every proposition was based
UPON theory conflicting with the evil
uence, with the single exception of that
relating to rational doubt, which IS an
clement that In every trial of Grim
maj oifense Is left to the jury. In view
OIL the evidence, Mr. White said. the only
alternative for the jury was to return
verdict of guilty OF murder. or not
guilty. There could he no middle
ground, no verdict for n homicide of less
enormity than murder. Mr.. White
quoted the leading authorities bearing
nnon the point. and argued the question
at some length.
When the District Attorney had con-
TO examine the prayers for instructions
and the authorities cited.
After the lapse OF fifteen minutes the
Judges returned 10 the bench Mr.. Nc
lntosh addressed the court in support of
the defendants prayer for instructions
Questions of fact. he held. should not be
withdrawn from the consideration Of the
jury. The judge upon the bench Is she
authority upon matters of law: but the
la, \, 1N@ A
the facts in evidence. In response to an
Inquiry by Judge Golf. Mr.. Mcintosh
said lie would not question the authority
of the court to instruct the jury as to
the inference TO be drawn from n certain
stale of facts in evidence. Discus sing
the st. Clair case, upon which the pres
ccution relied. he said It was one OF
the poorest defended cases tried in
Federal court. The points, 90 far as
they agree With the case on trial, were
not decided in the Supreme Court be-
cause they were not taken UP on proper
exceptions. Mr.. Mcintosh referred to
the Evans case, tried In the State
courts ten years ago. in which he and the
District Attorney occupied the same re-
lat!ons as in the present case, the facts
being somewhat similar. The court sub
mitted TO the jury the question of reas-
enable fear upon the part of the de-
PENDANT that the deceased was about to
make an assault upon him that would
cost him his life.
The instructions as prayed for by the
defendant We're, in substance. that If the
prisoner called the mate down from the
rigging without intending to kill him.
and that the killing resulted from a
collision between the prisoner and the
deceased, the defendant would be guilty
OF manslaughter; that If the prisoner
Killed the mate to protect his life from
a murdcrous assault, he would not be
guilty; that if. by reason of threats or
| maltreatment by the deceased. the rris-
oncr reasonably believed that his life
was endangered. he would not be guilty
Mr.. White argued briefly in reply, and
| Mr.. Mcintosh more briefly spoke in re-
| lo!nder. The court took tho papers and
| retired for del!bcration. y half hour
elapsed and the judges re-entcrcd. The
| jury was then recalled. Judge Goff. ad-
| dressing counsel, said that the prayers
| for Instructions except so far as included
| IN the charge OF the court, were refused.
He then read the charge of the court.
| After announcing that the court re-
| fused so much of the Instructions prayed
as was not contained in the Instructions
| OF the court, His Honor read the law
under which the prisoner was indicted.
| The essential features of the charge
! axe contained in the following extracts:
| Il find il my duty, gentlemen of the
| jury, 10 say TO you that If the defend
| ant has committed q fc!onOus homicide
! of which YOU are the only Judges
there 10 nothing before You that reduces
| ii below the grade of murder"
IF upon 4 fair and reasonable con-
| sidcration Sf all the evidence in this
case. there is any rational hypothesis
| consistent with the conclusion that the
| homicide for which the defendant is be.
Ing tried, was cXcusablc or justlnable,
| he can not be convicted"