Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-06-23
Especial to virginian-Pllot.)

Suffolk, Va, June 22.-With Il great
sigh of relief from those who have at
tended the noted Gilligan trial all
through, it can be said that 1t Will be
delivered over to the jury's keeping
Saturday afternoon, the seventeenth
day. Three Of the lawyers had their
talks to-day. after instructions had
been granted about IL O'clock These
three occupied less than half of the ten
hours allotted for argument Judge
Hinton and Mr.. Holland VIII make their
speeches tomorrow. The former will
nave over two hours, and the latter
can use over three hours if he choose
Ihc case Will likely be given the jury
saturday afternoon about or o'clock.
Inc crowd to-day was even larger
than that OF last Monday, which here
toforc held the record. To-day sDecta-
tors filled every available space on the
floor, on the rails. on the stairsteps and
within the rail. The windows were
crowded, and people on the outside
stood around half dozen deep MANY
others could not get within hearing.
and they laid about the court green
and on benches.
SUBSTITUTE ISSUED.
me court eliminated the instruction
over which lawyers fought yesterday
and issued a substitute; another sub
sttute was granted for No. C. The
court refused 10 grant Instructions Nos.
S. 10. II and II for the defense.
Colonel Boykin, Colonel Baker and
MI. Edwards talked to the jury the res
OF the day. and kept court TN late.
There was u large crowd present
when court opened this morning. The
news of yesterdays encounter between
Colonel Boykn ana Judge Hinton had
gone out with the rapidity of plague
Information. ana many friends and
partisans of the principals have come
10 see what the sequel is going to be.
NJ - KIHElt TROUBLE FEARED
~ - believed there will be no further
PERSONAL violence despite the strained
relations which eliminated yesterday
afternoon in an open rupture. Friends
OF those engaged deplore the open rup-
lure among counsel. and there is being
brought To bear Influence meant to
piacate the differences.
OPENING; OF COURT.
Court conveyed this morning about
1925 Mr.. Holland announced ;hat
there would be further argument on in
structions. and the jury was sent out.
Judge Hinton got up and addressed Il
the court on the pending instructions.
lie talked in subducd voice, and pro-
ceedcd TO lay down general laws In, ,
arc applicable, Then he went into Val
den's case and Hodges case
colonel Boykin said the other side
understood that they had The close on
inns matter and he yielded without
making 4 reply to Jud@e-uinton
IL was announced that. according TO
the courts ruling. the jury should not
Know which instructions were offered
by the defense and which by the pros
ecution.
ORDER OF SPEAKING
1T has been proposed that each side
ahaii nave i've hours in their addresses
to the jury. The lawyers have not de-
clueu poss,ively. but they will proba bly,
speak IN inns order: Colonel Boykin.
Colonel Baker. Mr. Edwards. Judge
HInton and MIR. Holland
Atttf inc jury came back Mr. UCl-
land stated that it had been agreed mat
nra.mer s,oe could use over five hours in
must be used to-day.
CoIohel bakcr, for the defense. OK
csepteu 10 the instructions granted nj
the request of the prosecution, and they
excepted TO the substitutions
Mr. Edwards objected TO the arronco-
nient by which MIR. Holland was do con-
clude instead of Colonel BovlIin.
Colonel Roykin got up and replied
eloquently, stating about his phvsicol
disap!ilty had caused the change and
but Tor his illness no man should con
cludc this case
ARGUMENT BEGINS.
Colonel Boykin began argun,or, for
the commonwealth of Virginia i'm tba
Gillian murder trial. lie outlined his
position, and stated his WEAKNESS and
bad health as consequence of the trv
ing period of sixteen days.
Colonel Boykin was here to perform
his duty. ana he did not want to CON
vict the prisoner unless he were guilty.
Colonel Roykln then began a review OF
the evidence.
RE was suffering from nervous strain
and from illness. but he made a strong
and conscientious effort
The following are the principal in
s,ructions granted. the others being
common to most all murder trials. TIL
first six were offered by the prosecu-
ton:
THE INSTRUCTIONS.
Janslaughter is the unlawuful kill
irg Of another without malice. The
presumption of malice. which makes
the homicide murder may be repelled
by the accused whore the act. though
Intentional of death or great bodily
harm was not the result of n cool. de-
lilcratc Judgment and previous malg-
nifty of heart, and is imputabse to hu-
man infrmity alone when death ensues
from sudden transport of passion of
heat of blood adequately excited if
upon reasonable provocation and with
out malice, then the offense is man
slaughter.
,rf -Anrt,as - L. .I..A