The times. [volume] (Richmond, Va.) 1890-1903, 1897-10-28

allied the ruin that he had wrought In my
family. | became crazed with anger are"
my pistol. and shot him. just as any oth-
or man would have done unaer the CIT
cumstances."
In exclamation Of how he came 10 have
q pistol that day. Twitchell said that he
was obliged to be out good oeal at
night. and had always carried H.
Under cross-examination, Twitchell said
that Davis had been in his employ Tor
some time, and had slept, while working
Tor him, In an upper room.
How did he get in and out OF MS
ROOM" asked Mr.. Richardson
ole PASSED through the large room,
which was occupied By myself, wife son,
and daughter"
Where did he eat?'
ole took his meals in the same room
with us. but az q different table. SAID
Twitchell.
LETTERS FROM DAVIS.
Don't YOU know that your daughter,
before anything occurred had written
great many loving, afcctionate letters TO
this negro?" asked Mr.. Richardson.
Il don't know anything Oh the Kind
REPLIED the witness. with some anger
Counsel for the prisoner protested mat
IL was Improper " iAtiN""~~ N''N-~ ~
tiers as evidence.
Mr. richardson said that his purpose in
asking the questions concerning the let
tiers was to prove that violent assault
upon the girl had not been committed,
and that Twitchell knew IL.
Judge Witt refused to admit the evil
dence. and Twitcholl, after testifying that
his daughter was fourteen years OF age
on the 18th Of last April, left the stand.
THE TWO WARRANTS.
Mr.. S. =. Waddin. clerk OF Henrico
County Court. then took the stand and
testified to the indictment against Davis
having been found December A. 1896. The
warrants procured by Twitchell for his
arrest were also exhibited, the first charg-
ing assault upon Cora Twltchell, and Civ
ing her age as fourteen years. and the
second alleging more serious crime ana
giving her age as thirteen years.
Squire James r. Lewis. who issued the
warrants. was the next witness. lie tes-
tilted that when Twitchell swore out the
first warrant against Davis that ne
CTwitchelD did not know Of the gravity
Of the crime which had been committed
Commemorative Attorney Conway X
Sands. Of Hcnrico was then examined
In his testimony he corroDolIIat.edl III, W.
thoU at the time the first warrant We
sworn out aid not have full kno"ledse
OF the circumstances OF the cdse,
INSTRUCTIONS TO THE JURY.
Mr.. Sands was the last witness. lhere
was so argument as Mr.. smith was IN
disposed, and Mr.. Richardson, out OF
courtesy. would not address the jury UNI
dor the circumstances. The following in-
structions were agreed upon by both
sides and allowed by the Court;
The Court instructs the jury that II
they shall believe from the evidence be-
yond all reasonable doubt that the ac-
cused shot and wounded the said Paul
Davis as charged IN the Indictment in
revenge for a previous provocation, de-
Iberatclv and after the fact. and after
sufficient cooling time, they should find
him guilty Of malicious shooting ana
wounding as charged in the Indictment.
If the jury shall believe from the evil
dence beyond all reasonable doubt that
the accused shot and wounded Paul DAVIS,
as charged I'm the indictment, in conse-
0uence Of q previous provocauon, WIN
ont malice. and without sufficient cooling
time they may find him guilty Of unlaw-
ful shooting, as charged in the lndlct-
ment.
II the Jury believe from the evidence
that the prisoner at the bar shot PAU
paws with the knowledge or belief that
said Davis had assaulted his thirteen
year-old daughter; that the time Of the
shooting was the first time that the pri-
soncr had seen Davis since he became
acquainted with the fact that said Davis
had assaulted his said daughter. ana
that al the time Of said shooting the
prisoner did not know tho nature or
consequences Of his act. being momen-
tarily insane. they must acquit the pri-
sOner.
ONLY THREE MINUTES.
The Jury was only absent from the
room three minutes before they brought
I'm a verdict Of mot guilty
During their absence the prisoner sat
pulling nervously at his moustache' WINE
his ewes betrayed the anxiety he telt.
His wife sat crying, her face buried IN
her hands while the little child In her
Ian looked around the room and smiled
All unconscious OF the suspense OF her
parents. A..
when Clerk Christian read out the
verdict. I'VE. the jury. find the prisoner
not guilty" Twitchelrs whole manner
changed. lie sprang TO his feet, and IN
hating broken tones thanked the Judge
iurv. and everyone connected with the
case.