Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-10-14

fering Impairment of his Judgment as
consequence Of said blows. and not
through malice or passion, shot the de-
ceased with pistol. which resulted IN
his death. they must find The accused not
guilty. And this they must also 90
though they should believe that the fatai
shot was not necessary to guard HIM
self against further injury, IL they
should also believe that the shot was
rather the result OF instinct than OF 5udg-
ment or revenge.
THE Court instructs the jury that
threat to defend ones self in the event
OF being attacked does not imply the
same malice and evil intent as threat
to kill, unaocompanied by qualifying
words. and the jury are instructed they
are to take into consideration all Of the
circumstances under which the threats
were made in determining the weight 20
be given them and in deciding the ques-
ton whether they constituted a prede-
termined and well-defined intention on
the part Of the accused TO Kill the de-
ceased, or were mere braggadocios. or the
ebullition OF sudden passion. followed by
a reconciled mind"
ARGUMENT.
After the instructions had ali been read
to the jury the argument was begun.
Ex-Judge Leake. in powerful speech,
opened for the prosecution, speaking
about two hours. during which time he
exclusively reviewed the testimony, and
so presented IL to the jury as TO make the
Commonwealth's case appear in its
strongest form. In the outset he explain
ed his connection with the case, and as
serted that he was employed to assist in
the prosecution by citizens of Powhatan
and brother Masons. He referred to the
fact that many OF the witnesses for the
prosecution had been shown by the de-
fence to be Republicans. This. he said,
was done for a purpose, and he thought
too much politics had entered into the
case Said he: II used 10 think that every
man who was Republican was rascal
but turning to Colonel Wickham, who
appeared in court) recall your noble
father, and have long since seen the fal-
sity Of such illiberaity.''
After characterizing the circulars got
ten out by Pilkinton prior ia the election
as false and infamous ISLANDERS, the attor-
ney plunged into n discussion of the evil
dence.
HARRY SMITH.
Mr.. Smith replied to Judge Leake
making a strong speech in behalf OF the
defence. In the beginning he referred 10
Judge Leake's statement that he was
emploved by Masons and said that as
a Mason and a Knight Templar he de-
MED that the G chland lawyer was In
the employ Of the Masonic fraternity.
Judge Leake interrupted and denied
that he had said any such thing. lie
meant only that he was retained by Ma
sonic friends of the deceased
Mr.. Smith. after this. plunged directly
a ~
ravelllng the tangled skeln of evidence
and placing the facts before the jury in
q simpified form. lie dwelt at consider
! able length on the circulars issued by
Pilkinton and Flanagan, and after taking
Judge I.eake TO task for inveighing
against Pilkinton for his part in the
| campaien. asserted with emphasis: 1T
was no great crime TO run against Will
| liam VI. Flanagan. even If he was the
Republican boss of Powhatan county
Mr.. Smith analysed and emphasized the
| Courts instructions. and concluded with
a strong appeal for his client.
MR.. COGBIIL.
Att O'Clock a recess OF one hour was
taken for supper and when the court
reconyened Mr.. Cogbil spoke in behalf
| of the defence, making an eloquent plea
| for his client. who. he said, was his
neighbor and his friend. Mr.. Cogbiil took
| the testimony adduced by the defence
| seriatim. and brought out the salient
points therein most skilfully. lie dis
| claimed on the part OF the defence any
purpose OF dragging politics into the case,
| and asserted that the jury could, In
| doing It's duty, only render verdict or
| not guilty.
The concluding speech for the defence
ct, In fE n
ing remarks the Captain commented
severely upon Judge Leake's attitude in
| the case. asserting that he Uhe speaker
| had never accepted a fee for prosecuting
a fellow-being He told the jury that
he stood before them not as paid attor-
ney. but as a friend of the accused
| laboring only for love. After touching
upon Judge Leake again and charac-
terizing his speech as the Interest he
had ever heard from human lips, Captain
Wise compared the prosecution of Ptlkin-
ton with that of Dreyfus, asserting that
| the former was as much victim or pre-
| iudce, 80 far as the prosecution was con-
cerned as was the French officer. cap
tain Wise spoke at great length. ana
closed with strong plea for acquittal.
The argument was concluded by Judge
Asa Watkins. the commemorative At
tOrntN, NIOs III b'Siiiiiii1 49,
| defended Judge Beake against the criti-
cism of his course. He then criticised
| the remarks of the counsel for the de-
fence. and finally plunged into the EVIL
dence. replying, he said. 10 what Mr..
Smith had said I'm his argument Judge
Watkins picked from the Common
wealth's evidence the most pertinent
points and forced them home. empha-
sizing the contention that Plkinton,
when he fired, was in no danger of Sc
rious bodily harm or Of losing his life.
In Celebrating this point the lawyer re-
cited a good deal of the evidence given.
He finished his argument by calling
upon the Jury to do its duty. regardless
of the feelings of others.
The case was submitted 10 the jury at
II p NJ. and without endeavoring to
secure a verdict Judge Miller adjourned
court until o'clock tomorrow morning
uznRcHr1DxsszD
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G.. & O. SUNDAY OUTINGS.
Every Sunday i'm October to Old