The times. [volume] (Richmond, Va.) 1890-1903, 1897-05-01
VOL. I2-NEW SERIES. NO. 80.

tnt idctS ofouSnt out DN tho evidence OF
the case The Legislature, during the
session OF ls939i. passed an act com
mencing as follows:
" Every person who attempts TO COM
NIT an offence and in such attempt COM
mits any act towards its commission
"The Legislature apparently intended
20 leave the decision TO the jury.
Il believe that the prisoner should have
the fairest trial in a case like the one
before this court, but in constructing the
statute and law applying TO the case l
think the Legislature wants all offenders
vigorously prosecuted and punished when
found guilty"
At 1:l5 T. VI. a recess was taken for
dinner until 3.l5 j. NJ. when the instruc-
tions will be read to the jury.
ARGUMENT BY COUNSEL.
Immediately after the reopening or the
court the Court presented the instructions
TO the jury, and Acting CommonweaithI, n,
Attorney CloptOn began his argument. lie
dwelt in detail on the instructions, ana
explained the facts in the case, and DIS
scctng the evidence produced by the de-
fence. lie pointed out the gravity OF inc
offence charged. which was punishable
with death, although he did not mean to
impress on the jury that he desired them
20 pronounce a verdict Of death. Ihe
prisoner I'm his evidence had contradicted
himself and his testimony was i'm
the facts brought out during the trial ne
could not help but assume that the only
result possible was 10 convict the prisoner
II was 3:15 p. NJ. when Judge Clopton
closed his opening address. lie was fol-
lowed by Mr.. Garnett who spoke on be-
half OF the prisoner. He thought the
case on trial. boiled down 10 the bare
facts, was q mountain made out OF
mole hill. He then went over tho evil
denCe. and took the ground that even the
evidence Of the Commonwealth. " consid-
cred by itself alone. did not establish the
prisoners guilt. While the defence did
not have 10 prove anything. yet the
Commonwealth did have to prove every
thing
After disposing. Of tho instructions Mr.
Garnett dwelt on the surroundings Of the
scene Of the alleged crime
CAPTAIN GEORGE d. WISE.
At $500 o'clock Captain George ID. Wise
followed Mr.. Garnett i'm defence of the
prisoner, and gave his version Of the in
structiOns In the aggregate. He said he
was not present TO excuse crime. and II
the prisoner was guilty he would not have
q particle Of sympathy from him. only
the facts should bo established by the
evidence. He spoke Of the importance
OF the fact that the jury had visited the
ground and could. therefore. fully under
stand the situation. lie demonstrated
that II the prisoner had really done what
he was charged with. he would be an
idiot. Statement after statement OF the
entire evidence he passed in review and
endeavored TO prove the utter impossible
~ OF the facts as implied in the charge.
captain Wise spoke for more than an
hour, and next called on Mr.. Garnett 10
read Mrs. Lowrie's testimony TO the jury
as taken from the stenographer's report.
At the close Of the reading Captain Wise
called attention 10 certain inconsistencies
I'm Mrs. Lowrie's testimony
At the close OF Captain Wise's address.
=. NJ. recess was taken for one hour.
Immediately after the recess judge CloD-
ton again addressed the Jury and brought
the argument for the Commonwealth 10
close. In n clear and lucid manner he
once more went over the various phases
or the case and explained some Of the in
structions which counsel for the defense
had passed by.
It was at 9:3j o'clock when Judge Clop-
ton closed his address. and the court
turned the jury over 10 the City Sergeant
10 be taken 10 the conference room. Tre
cautioned them TO carefully consider the
case according TO the law and evidence
and 70 try the accused I'm n fair and i'm
partial manner. He cautioned the big
crowd OF spectators I'm the court room 10
keep perfect QUIET and order and an
nounced that If any one should be caught
on the outside near the jury rOoiE. he
would be brought before the bar Of the
court.
AT 1905 II. NJ. the jury sent wod to
Judge Ingram that they were ready 10
reappear in the courtroom and they we're
at once taken to the box. The big crowd
of Spectators who filled all the available
space IN she courtroom Just outside Of
the railing, remained In profound si-
lence anxious awaiting the announce
lncnt of the verdict.
Gentlemen OF the jury" said Clerk
Duval. "have you agreed on q verdict2"
we have" replied foreman c. II.
sharp IN handing the paper TO Mr.. Du-
val.
I'VE the jury find the prisoner guilty
as charged in the Indictment read
the clerk. "and fix the punishment at
ten years in the State penitentiary."
There was a murmur Of surprise pass
ing through, the audience. which was,
however, promptly suppressed By the
court officers.
Gentlemen of the jury" then SAID The
court you will now be discharged from
further attendance and the court desires
10 tender its thanks 10 you for your at
tendance during the trial / feel Justi-
fed in saying that no jury has ever given
grtater and more carefui consideration 10
q case than you have done"
Captain John A Lipscomb, the Chief
of-Pollce. was then addressed by the
court. II desire you 10 see that all crowds
who as l have been informed ARE in
the habit OF gathering around the Jail,
are dispersed end that all lot owners
where crowds assemble as well as those
who do assemble ore reported TO this
court
To SET IT ASIDE
Mr.. Garnett next moved that the YER
dict be set aside as contrary to the Jaw
and evidence. lie also moved an arrest
OF judgment in order TO correct some er-
rors on the face OF the records.
Captain Wise Jcine6 the court in COM
plimenting the jury which, he SAID. was
a credit 10 the city Of Manchester. In
making the motion Just submitted by his
colleague ne said, this had been done 50
that the Supreme Court Of Appeals of
Virginia should decide whether TIE facts
contained in the evidence. constituted an
attempt of assault.
THE court in giving the instructions"
remarked Judge Ingram. did so after
most careful and mature consideration.
The court is very much Indebted 10 cOun-
sci Of the defence as well as 10 the Com
monwealth's Attorney for their presenta-
ton OF Views in regard 10 the case. In
addition, the court has made an investi-
cation even outside of the cases cited by
counsel. The instructions given by the
court embody the law as the court un-
derstands IL and therefore, shall not take
the matter under advisement but over
rule the motions at this time, because a
further consideration would not alter the
views of the court
At the request Of counsel for the de-
fence, a stay of sentence was granted
until the recOnvening Of the Supreme
Court OF Appeals in this city next fan
The bills OF exception and the testimony
are 10 be submitted 10 the court next