Daily press. [volume] (Newport News, Va.) 1896-current, 1899-11-17

was published yesterday. Witness SAID
Edwards and another colored man We're
standing talking TO an cd soldier en-
deavo1ing in every possible manner 20
intimidate the soldier SO as to get him
to tell who had struck johnson, the
soldier having been in the saloon when
the man received the fatal blow When
the old soldie: refused to TELL saying
he didn't know, witness said the ne
groes claimed money had sealed his
tsoldier lips.
The last witness to take the stand
was Mr. Fay S. Collier, who is counsel
for Davis. Mr. Collier said he Mas
among the first to reach Davis saio n
many endeavors TO find out somethin g
about the trouble. but no one knew
anything. G&ardwell, the colored man,
Claimed he had heard Davis say he
struck Johnson With {, Ratchet. Or
laldo Walker. who was employed by
LAWS in his pool room. also after hear
ing 'Cardwell talk. claimed Davis hit
johnson With a Ratchet Mr.. Collier
Then related in minute detail everything
that oasurred from the time he gos TO
LAWS saloon until the coroners IN
quest Was held. He sa.i at that time
he had no idea Of representing Davis is
counsel but simply wanted 10 gather
the information for his own benefit.
Upon leaving the witness stand. Mr.
Collier asked TO have Common we>,i h 5
Collier asked 10 have Commissioner IF
the Revenue W. +. Daougherty sworn.
but as that gentleman was uus of he
city. ard 1t WAS understood it would be
i:igostsible TO have him in court before
to-day. the defense announced its will-
ingneSs to rest the case.
THE INSTR liI'TiGtNS.
The Work of preparing the nstruc-
tions 70 be given to the jury was taken
commonwealth repaired four instrut
tions which We're read 70 the jury by
Ju&ge Lee. The instructions Mere
along the line Of What constituted muir
der IN the first and second degrees and
what was necessary for the state to
prove its charges. Then followed an
irstructi1n giving ile law. which was
70 the effect that ii the jury believe
from the evidence beyond reasonable
doubt thait Davis committed the deed
with malice aforethausht they could
bring in Z verdict o. murder in the i,,sl
degree, if they believed it to have been
Zone without malice. Eu1 On the spur
Of the nlein=n, then tho crime was
murder in the second 'eSrc@.
IN" dcf"us" nn.y submitted one in
struction wnich read as follows:
In" court instructs the jury THAT the
accused rs presumed 10 !)e innocent If
the crime With which he IS charged I'M
III his guile is fully proven b$Nan.i all
reasonable doubt. that ne should not
be prejudiccd in any way on account
Of mis- inability to iiEa any other Ter
son Who committed the crime: That
he mas i perfect right 10 rest secure in
| the presumption Of his Innocence until
riC3f is .1idu&ed 10 establish his gHly
- :neir salts. ciinn beyond al! reason
able doubt. and Shall exclude every ia
t0nll hypothesis Of his Innocence: that
he is lltMI called lllon TO vindicate his
own Innocence" by the raining or pro
lucing the guilty man: and that il
tl!ey nave. any reasonable doubt as e
whether he struck tht. blow that calls-
ed the 1oarh uf Jtttie Johnson. they
should be sivcnthe benefit of the doubt
and find him not guilty.
THE. AEGU MEET.
As soon as the jury had been IN
structed. James Field. the co!orcd at
| t"rney, Who IS assisting III the p!osa2u :
t!on. openeEl ithe argument. de had
been speaking only a few minutes when
he started To read from MayoS law
guide. Mr.. Collier raised an objection
70 any such procedure and a long ar
sum"n: was Tie result. The jury Was
taken out. and Mr.. Collier and Field
each spoke al some length on the cues
ton, the former claiming that it was
not admissible TO read from text books
TO a jury While Field Was OF the opin-
ion 1t WAS proper.
Judge Lee adjourned court When tie
arsCtners WAS concluded saying he
would render his decision this morning
Court viii be in session at 10 o clock
t..!s ItNrninG.