Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-12-15
BY District Attorney Allen in the Prince Murder
Case Yesterday.
Mr. Wilcox of Defense, Delivers Strikngy Pathetic Appeal
For the Prisoner-Two More Arguments To-day and
This Famous Case Will Go tothe Jury-Verdctis Look
ed For Monday-Vast Crowd Views Closing Scenes.


any rational theory consistent with all
the evidence the homicide was either
1ustifiable or eXcusable, or an act OF
manslaughter only.
IL is your province and duty to deter
mine from all the evidence before you
whether the offense charged against the
| prisoner is that of murder or man.
slaughter. or whether any offense in
law has been committed.
The court further charges that IL you
peicVe from the evidence that the pris-
oner at the time of the commission of
the oftenSe was of sound mind and dis
erection, and shot and killed the de-
ceased, Charles j. Cannon, in the man
ner charged in the indictment, then
you may find him guilty of murder.
But il you should believe from the
evidence that at the time of such kill
ing the accused was acting under sud-
den impulse which in his then condition
of mind he could not control, from
provocation Immediately arising before
the commission of the pct In that
event you may find the prisoner guilty
OF manslaughter.
You are further charged that IL you
believe that the prisoner, Michael H
Prince without malice express or i'm
| piled. wilfully and voluntarily shot the
deceased. Charles j. Cannon, upon q
sudden heat or passion, without intent
! to Kill. then the jury may find the pris-
oner quite of manSlaughter.
should you believe. however, that
said Michael II. Prince. at the time of
said shooting. wilfuly intended to Kill
the said Charles ]. Cannon then. such
act constitutes murder. and not volun-
tary manSlaughtcr.
Inc court further charges the jury
that II they believe from the evidence
that the prisoner. Michael Fl. Prince.
Killed the deceased, Charles j. Cannon,
but at the time of doing so he was
| mentally unbalanced to sucn an extent
as to render him unconscious of the
iact that he was committing any crime
| then he is not guilty of any ofrcnse
gentlemen of the jury, the law de-
| wolves certain duties on the prosecu-
tlon in criminal case. clothes the de-
iendant with certain prcsumptions. and
requires certain strength of proof of
| ms quit. For instance. the law does
not require the defendant to prove him
sell innocent. 1t imnoseS the burthen
on the prosecution to prove him guilty
| IN other words, the law prcsumes the
defendant innocent, and this presump-
tion should continue and prevail in
your minus until you are satisfied from
inc evidepce beyond n reasonable doubt
OF his guilt and acting on this pre-
SUMPTION you shall acquit him. unless
the evidence establishes his guilt be-
| yond reasonable doubt
| ~ reasonable doubt is that state of
the mind which. after a full considern
tion OF all the evidence leaves your
MINDS In that condition that you can
not say you feel an abiding faith
uhlountihS 10 moral certainty from
the evidence that the defendant is gull
~ or the crime charged against him.
Gentlemen OF the jury. you are the
sole. the exclusive, judges OF the facts
ana also OF the credibillty OF the wit
nesses. In judging OF their credlbility
you have the right to take into CON
Sideration their motives, their pretu-
! dlces. their feelings of enmity and their
desires for revenge, if any such mo-
ives preJudices, enmity and desire for
revenge have been shown to exist by
the evidence before you. You can also
consider the demcanor of the witnesses
their manner of testifying-their re-
lation to or their connection with the
matter TO which their evidence refers.
and II you find from the evidence that
any witness has wilfully testified
falsely as to any material fact. you
may then disregard entirely such tes-
timony.
Gentlemen of the jury, should YOU
find the defendant guilty of murder.
ana not intend that the Judgment OF
the court shall be DEATH you will add
TO your verdict the words, without
capital punishment" in which event the
defendant VIII be sentenced to impris-
onment at hard labor for life. There
fore, IL you find the prisoner guilty of
murder. and also find that he shall
suffer death. your verdict in form NAV
be; we. the jury. find the defendant,
Michaei II. Prince guilty of murder as
charged in the Indictment"
But If you should find him guilty of
murder. and also find that he shall be
punished by imprisonment at hard
labor for life. your verdict in form may
be; we. the jury, find the defendant,
Michael II Prince. guilty of murder as
charged in the indictment, without
capital punishment
l,it -l1~
| Michael II. Prince, not guilty OF muir
| der. but guilty OF manslaughter. in that
event your verdict in form may be:
we. the jury. find the prisoner. Mich
| ael III. Prince. not guilty Of murder as
charged in the indictment, but guilty
| of manslaughter."
| And il you should find the prisoner.
Michael II. Prince. not guilty. your
verdict in form may be: 1--WE, the
Jury, find the prisoner, Michael II.
| Prince. not guilty as charged in the in
dictment."
ARGUMENTS BEGUN.
When court reconvcned at o'clock
| yesterday afternoon the largest
crowd yet in attendance was in
| the room. Breathing space out
side the rail was at pre-
MUM. while up in the gallery
whites. blacks and even Cinnamon
were packed like sardines in n box
The crowd was drawn no doubt in an
| ticipation of the arguments by coun-
| sci for the prosecution and the de-
| Tense. as the last act in the tragedy
was about to be played. one side plead
| ing for Il conviction. the other asking
for an acqufttal. The scene yesterday
| afternoon was one bordering on the
| dramatic. and the eyes of the auditors
were riveted upon the principals. 1t
was battle between legal giants. and
interest was at fever heat all the after
| noon. At 2:41 O'Clock Judge Waddill
! came upon the bench. A hush fell over
tba I-oct Tho -,