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

JUDGE LEAKE ENTERS DENIAL

| POwHATAN COURTHOUSE. VA, Oc-
tober 13.-(Special.)-Th Pilkinton case is
| now in the hands of the jury. At IL
o'clock tonight the argument was con-
cluded and the case submitted. That a
verdict will be reached tomorrow morn
ing is considered to he a foregone con-
clusion, and even the most pronounced
| friends of the prosecution concede that
| the verdict will be acquittal. All the tes-
timony was gotten in before dinnertime
to-day, and for seven hours thereafter
the argument of counsel was listened to-
| That much interest attaches to the case
was manifested by the presence Of the
large crowd, which filed the courthouse
| TO the doors and remained throughout the
argument. Colonel William f. Wickham
senior counsel for the defence, who had
been detained at his home with fever,
was In the court to-day. and took part in
the proceedings. though too weak to par
ticipate in the argument. Mr.. Allan was
| feeling unwell, and he did not assist in
the argument.
| Mr.. Smith received q telegram calling
him to the bedside of his father, and he,
therefore, made the opening speech for
the defence and Immediately thereafter
left for Richmond, driving across the
country in order TO economic time and
reach Richmond before daylight. The ar
| gument was not as caustic as had been
anticipated. Judge Leake inyeghed rather
severely against Pilkinton, and for this
he was vigorously criticised by the OPP
posing counsel, but no feeling was en-
gendered. Mrs. Flanagan remained in
| the courtroom during Judge Leake's
| speech, but left when the defence opened,
/ and did not again make her appearance.
! Her three eldest sons. however remained
until the days session was concluded.
When court opened Mr.. Smith an
nounced that he had expected TO put Mr..
| Otis II. Russell on the stand. but that
that gentleman having gone away, the
defence would rest its case.
The prosecution thereupon began the in
PRODUCTION of evidence in rebuttal, and
| I.atane Flanagan, eldest son of the de-
| ceased. was examined. He testified mere
| ly as to his fathers height and weight,
asserting that he weighed 10 pounds. At
| that moment Mr.. Allan arose with a cut
away coat, on his back which the son
testified had been worn by his father.
| In front the coat fitted the counsel very
well, but behind IT was quite loose. Coun-
sci wanted Mr.. Johnson. who had testi-
fled that deceased was as broad across
| the shoulders as himself, to try the coat
on. The coat was placed on Mr.. Johnson
and proved to be very little too small for
| MINI
| SCATTERING DETAILS.
l .,,l,.o
was examined as TO his stenographic
notes concerning the testimony adduced
by the defence. and was followed on the
stand by Mr.. Collie Flanagan, a brother
of the deceased. who testified concerning
his brothers weight, placing at about 100
| pounds Witness testified that he was
| pretty nearly the same size as his bro
| ther. and at the request of the jury, Mr..
| Pilkinton stood beside the witness In
| size the witness lowered above the ac-
| cused.
Mr.. ]. p. Sadler. who was IN the Court
| room at the time of the tragedy, testified
that he saw no one leave the court mouse
with Mr.. Flanagan, and did not see Mr..
V-infree in the court house. He was UNI
willing to swear that no one went out
with Flanagan.
| Fred. Harris. who was in the court
/
court and witness was positive that no
one ACCOMPANIED the deceased. Deputy
Sheriff Davis followed Harris on the
| etand. He. too. was i'm the courtroom at
the time Flanagan left for the lest time,
| and testified that the deceased went out
| by himself.
! Nv MIR. Tilman, the court Clerk, the
| commonwealth attempted to rebut the
testimony with reference to the Flanagan
countv-warrants, but the Court ruled the
testimony out and the Commonwealth
rested its case.
A REMARK.
Captain Wise made a proposition TO
submit the case to the jury without IN
structions or argument, whereupon eA-
Judge I,eake asked If the gentleman was
n member of the State Bar Association.
II am" replied Captain wise:
"Are YOU familiar with its ethics!
81 am xiv, - oor.
you had better read them again con.
cluded Judge Leake, ana MI wise 'o'N
his seat. ,,...o, until .
o,a,nor While counsel argued instruc-
tions. .,,ro>.
When court reconvened Mr.. Smith
| chilled attention 10 a letter from MT.
| Augustine Royal denying that he mad
| ever spoken to Mrs. Flanagan concern
inc ANYTHING her husband had said 10
| him hut asserting that he had been
| told bv her eldest son, Iatane, that she
| and the lad had begged the deceased
moi TO bother with Pilkinton.
After this correction had been made,
the instructions. which had been agreed
mon. were read and given 10 the jury.
INSTRUCTIONS.
The instructions, while setting forth
| tho various degrees of murder. ana snow
ing how. under certain circf mstances'
| tbev might be made applicable TO the
$50 AT mar were exceptionally favorable
| 10 the defence. OF course, the same old
| stereotyped instructions were gwen put
! I'm addition. others rather unique from
n legal point OF view, were given. ohe
OF these is the following:
"The Court instructs the jury that no
officer has the right 10 search the per-
SON of any man without warrant 10
ascertain If he has pistol or NOT pro-
vided he is in the peace of the Com
,,,onweaItb and that W. NJ. Flanagan.
the commonwealth Attorney OF Pow
batan county. had no authority TO com
mand Constable Winfree to make such
search II the prisoner was In the peace
of the Commonwealth
Another is:
..The Court instructs the jury that
public records and the acts or puphc
officers are legitimate objects OF discus
sion"
The remaining most important instruc-
lions were: :.
THE Court instructs the jury that II
they believe from the evidence thar tne