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

compelled 10 90 EDWARDS the accused
de Was then this side Of the fence on
my property near the fence. he
stopped when 1 came 10 G. e plase
wher the horses were. Ipieked up the
lines Of the hOrss . and led them away.
This was the first time he ran afser
ms. he came within about thirty or
forty yards
rLbIs ABOUT 1T.
When the wage passed through our
placed the accused started on, after be
saw john Brow n coming Aft r he hid
gone half way lr~ IN my gap % Mr.. An
derson's thought he had gone on. al. d
there was no danger of my going afTe,
the horses. Then l came cut, ard
when he saw me he ran up Drswiy's
lane. He was on DrewTy's farm a.
that time he got into the bushes
then, and was afraid, aud sent my lit
tie girl aft er the colored woman Hen.
rietta, and when I, oked again 1 Sc
HIM on this side of the ditch. e was
in q un towards me until he get to tile
shiubbeIy. Then 1 saw Mr. LOwrie
and Mr.. HObeSk. ana let the hors es go
aud ran thru ugh the iys patch to a =
tract their attention. lie came over
the wire fence and the ditch towards
me and was looking towards me. He
came to about thirty or forty ards.
the same distance as b. fore. he
stoI ped before Mr.. Lowrie came.
AvIrAL POINT.
He could have caught me before Mr.
Low 10 came, had be kept up running
DO you know shy he stopper" ash
ed Judge Ingram.
Il don't know; 1 suppose he was
afraid coming towards me-" replied
the witness.
CAPTAIN wIsE Excl PTS.
Captain Wise moved to strike out the
question, but the judge allowed it t.
go before the jury, and Captain Wis,
took an exception.
On cross examination witne IS stated
both times the accused ran and stopped
when he came within about thirty o.
forty yards. The second time he wa
on my property, this side Of the fence
which divides it from Drewry's.
The court here stated that he would
rule out the above answer of the wit
ness as to her opinion why the accused
stopped running.
When asked by Judge Clopton, wit
ness said that the nesrest the man
came to her was about as far as from
the witness-stand to the opposite cor
ner OF the courtroom.
TIE JURY TO TRE soENE.
Captain Wise here asked the couri
that the jury be given an opportunity
10 view the premises. This was con
coded by the Court, and the sergeant
was ordered to secure q vehicle. The
court stated that the jury would have
to take merely q view of the ground
and that no pointing OF spots would b'
done.
One of the jurymen here asked
whether they would be allowed to AL
Mrs. Lowrie q question. The court re
piled in the negative, and CAPTAIN
Wise took an exception to this ruling
ON rHE COURT GREEN.
The jury Was then taken out on tn
court green and counsel began to ar
que the instructions submitted to th
court. When the conveyance arrived
which was to take theJury to Mr.. Low
rie's farm, they were brought back in
to the courtroom. Judge Ingram in
structed them that they could wal
over the grounds to examine the situa
|
even not of the officers. They shoul,
also be careful rot to go outside of tn
juris diction OF the court.
The argument of the instruction wa
then continued.
At l :O5 z. w.. the jury returned fror
the trip to Mr. LowTie's farm and fif
teen minutes later Judge Ingram re
ente red the bench, having in the mean
time prepared the instructions whic
he was about to give to the juy.
INSTRUCTIONS TO THE JURY.
The Instructions were very lengthy
and read by the Judge to counsel O
both sides. They contain the follow
ing:
IAN Indictment is a mere accuse
ton, and no evidence by itself ths
the crime has been committed, and n
Juror. is 90 be influenced by it to Al
extent"
After explaining the nature of til
crime charged and defining what is {
be understood under assault and al
tempt of assault, the instr uciions stat
Z the intent, but this need not be don
10y direct testimony alone, but it ca
be done by inference.
MUST BIZ PROVEN.
In order to convict the prisoner tn
ASA ult, or the attempt OF assault mus
be proven. An attempt is an appareu
unfinished crime. out il must show tn
intent and some direct act, apparentl
adapted to prod uce the crime.
To convict the mar the jury must b
satisfied that here was an int ntio
and an actual attempt of assault be
You'd q reasonable doubt, otherwise til
prisoner must be aoquittt d.
AN INSTRUCTION rHR JURY IGNORED.
An indecent advance is not sufficien
to establish an attempt of assault as j
charged, but il the jury believe tina
the prisoner ad the intent and mani
tested the same by some outward aci
they must find HIM guilty, althoug
the jury may think that he abandone
the attempt for the reason OF fear.
If the jury be satisfied that the pris
oner intended the attempt but after
wards voluntarily desisted from it, thi
fact must be considered in favor c
the prisoner.
MUST BE PRESUMED INNOCENT.
Persons charged with crime must b
considered il nocent until their guilt
proven, and if any reasonable doub
exists in the minds of the Jury, its ben
eft must be givsn to the prisoner
II L. l. - H. l. I.