The Farmville herald. [volume] (Farmville, Va.) 1890-1934, 1899-03-10
new TRIAL GRANTED.
Thomas w. Price Given Another
Chance For His Life.
Able Argument of Counsel-Judge
Hundley's Decision-The Prisoner
Overjoyed at the Result.

the case of Thomas w. Price was taken
up Saturday morning upon writ OF
error from the county court, in which
a jury convicted the prisoner of murder
i'm the first degree. II was at the
August term Of the county court that
Mr. Price was tried and convicted OF
shooting aud MORALLY wounding Mr.
Hall Carter at his Prices home, near
Darlington Heights. The shooting
took place ON the 10Th day of July, 1898.
On the same day ne was lodged i'm the
county Jail here. Upon the conviction
of the prisoner the Court sentenced
him TO be hanged on the 10th day OF
October, but before that day arrived
through the untiring labors of the con-
demued mans counsel, Hon. w. ii.
Mann, writ Of error and supersedeas
was secured i'm vacation from Judge
Hundley, and the hearing of argument
upon this writ was Immediately set for
the March term Of the court
Ito o'clock Saturday morning court
opened and soon thereafter Mr.. a. ).
Price, brother of the condemned man,
who has never forsaken the unfortunate
prisoner. entered and held a brief con-
sultation with counsel for the defence
As soon as the two were through talk
ing judge Mann arose and stated to
the Court that 1t was the wish Of the
prisoner that he be allowed to remain
i'm iail while his case was being dis
cussed. The Court complied, saying
that there was no necessity Of his be-
ing brought in.
Judge Mann then opened the argu-
ment and spoke for more than an hour.
The first point Of error in the trial
court to which Judge Mann directed
the attention of the court was that
upon the trial Of Price, after all the
Commonwealth witnesses had been
examined and its side had announced
as through Mrs. Price, wife Of the
prisoner, who WAS a witness of course,
for the defence, was recalled by the
prosecution for the purpose Of laying a
foundation for the impeachment of her
testimony. The defence objected to
this being done. and the Court over
ruled the objection. Mrs. Prices recall
TO the stand was after both the prosecu-
ton and the defence were through with
all testimony, and when it was too late
for the defence to have opportunity for
sustaining her as its witness by put
/ ting on other witnesses. Supreme
/ Court decisions were cited to show
/ that this was an error on the part OF
the trial court
At the trial Of Price there was tesu-
mony tending to show that at the time
Of the killing he was intoxicated
Judge Mann took up one Of the instruc-
tons. which was given 10y the Court
to the jury, in which they were In
structed that no man could make him
self SO drunk a. to become irresponsible
for his acts, and that if the jury be
lieyed the killing was wilful they
should find a verdict Of murder in the
first degree. Judge Mann said tina
that instruction did not 90 far enough
1t should not have stopped at the wore
wilful. All killing was wilful. i
ought to have read: "Wilful, premedi
tated. and with malice" He argued
also that a man could he so drunk a
not to be able to premeditate, and
therefore. if when in such condition IN
had killed a fellow-being there coul'
be no murder in the first degree.
Judge Mann then took up the poin
, of nsufliciency Of evidence, and con
tended that his client should hav
+ another trial, if for the reason alon
+ that there was not evidence to warran
r the verdict. As to the testimony
g Spencer Hill, the only eyewitness
the tragedy, he said that it was
physical impossibility for the state
ments made by that witness to hav
, been correct, and it was largely upo
his evidence that his client was cor
victed
Mr.. w. G. Franklin, Of the prosecI
= ton. followed Judge Mann. He spok
briefly. He argued that the recallin
- of Mrs. Price 20 the witness stand wa
-, permissible and within the SCUM
-, discretion Of the Court, and cited wins
he contended was good authority
b., sustain this. He said it was not niece
sarv for the Commonwealth to show
- motive Tor such crime, and referre
~ toa number Of cases to sustain th
e.. proposition.
Judge A. d. Watkins, common
u wealth's attorney, followed Mr. Fran
=. lin. He spoke ably and forcibly, ful
~ sustaining his deserved reputation
70 one Of the best prosecuting attorneys
n the state. He argued for more th'
~ three hours during all Of which tiN
10 the Court and spectators paid q
p, closest attention. Judge Mann clos
~ for the defence His speech was fro
~ beginning to end one Of the finest eV
49, heard in this county, and his final pl
=, 10 the Court to set aside the verd
~ was without doubt unsurpassed