Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1897-05-15
SET IT ASIDE.
Judge Ingram OVerrulcs
the jury.
A REVIEW OF THE
rlAYO CASE.
Not Guilty According to Law
A REVIEW OF THE bVIDBNOE
Exacts Bond of the Prisoner.
Not Guilty According to Law.
A REVIEW OF THE bVIDBNOB-
Exacts Bond Of the Prisoner.

The Hastings Court was in session |
Thursday May 9th and Judge John II
Ingram reversed the verdict rend red |
by the jury in the case of Wesley |
Mayo, charged and convicted with an
attempted assault on Mrs Mamie |
Lowrie on Sunday, April 25th, and Civ
en- ten years in the penitentiary.
The following is Judge Ingram's de-
cision in full:
CONTRARY TO THE LAW.
In the case of the Commonwealth
against Wesley Mayo, convicted by the
jury this term of an attempt to com
NIT rape. have decided TO set aside
the verdict OF the jury, finding the
prisor2r guilty and assessing his pun
ishment at ten years confinement III
the enitentisry, as being contrary To
the law and the evidence.
AS this case has naturally attracted
a good deal of attention. / deem it
proper to set forth in writing, the rea--
sons for my judgement.
VIEWED TUE LOCATION.
On yesterday, in the company OF
court official (who went with the Jury
when they view the location and place
where the alleged crime il charged TO
have been committed), L visited the
scene of action, and whilst l had prac-
tically made up my mind to set aside
the verdict in this case, view OF the
premises removed any possibly dOu bts
l might have had about the propriety
of such a course.
THE ABsURDITY CT TEE CHABGB.
The place where the prisoner is said
to have pur. ued the prosecutr;x is in
plain ard ouen view, not only CT her
own house and of the Out-bouses in her
yard, occupied by family, but is like
wise in full and open view of the
house of Mir. Ira Anderson, ard is but
short distance from each of these
houses.
NO OPPORTUNITY FOR SUCH CRIME.
The prisoner and the prosecutrix
could easily have been seen 10y persons
in either the back or front of MIR An
derson's premises, or by parties in the
yard Of Mr.. Lowrie, or by persons in
either field, or in the road leading
from the Turnpike alongside of Ho-
beck's and And erson's residences
The time of the alleged commission
of the offence was between 8 and 10
O'Clock on Sunday morning. These are
facts independent of the direct testi-
mony which must be borne in mind
in determining the guilt or innocence OF
the prisoner. and in estimating the
weight and sufiiciency of the testi-
mony in the case.
Mr.. LowRIK's TESTIMONY.
I shall, in discussing the evidence
confine myself almost exclusively Il
the testimony of the prosecutrix, anC
shall only incidentally allude to thu
other DrOOf in the case
First, would cay that / am salts
fed that the prisoner exposed his per
son to the prosecutriX, and made Ger
tain indecent motions of his body, ant
furthermore, that his desires Wer
prurient and improper.
DID NOT WARRANT CONVICTION.
But the doing of these acts alon
will not warrant the conviction of tn
prisoner: the evidence must satisf
the jury to a moral certainty and b'
yond a reasonable doubg that the pris
oner committed the very offence {
which he was charged that is, IL,
the prisoner attempted to carnall
know the pTosecutrix by force an
against her will, and unless the fac
demonstrate this, the prisoner must
acquitted.
The prisoner ran towards the pros
cutrix twice The 18th question
the direct examination was, Tell Il
Jury exactly what this man did. III
answer OF Mrs. Lowrie was, HE ri
out after me over this ground anS
would not have had time to get out
his way"
The 18th question was, flow far d
he run2 Ans.-About forty yards-tl
was the first time.
The both question was did he
anything else at that time Ans
sir; he seemed to be waiting for ]
to come further.
NOT NEAR ENOUGH.
The second time the prosecutrix 81
the prisoner ran towards her 4
lance OF 100 yards, but on neither {
casion got nearer than thirty-hve
forty yards. And when asked If pl
oner could have caught her If he
wanted to, replied, Yes" and WI
asked why he stopped (and he stopI
ut same point or spot both times),
swered, Because he wanted TO
guess.
THE PRISONER STOPPED.
aY.L-L - ds1 not Sou OF ,