The free lance. (Fredericksburg, Va.) 1885-1926, 1900-06-23
The Testimony Closed Miss Turner Again
on the stand.

Is over instructions 20 the Jury, The
legal battle Of the case will probably be
over these.
Miss Turner. when called into court.
was accompanied by her cousin. DR.. W
ID. Turner, her kinsman and champion
in these trying days She was heavily
yelled, as before, and sat with her head
bowed while the lawyers argued over
tho admissibility of bringing her on
the stand again The point having
been made by Colonel Baker, the court
held that she could be called In rebutttal.
Miss Turner removed her veil She was
very pale and kept her eyes riyeted
upon Mr.. Holland. Not once did she
glance toward the prisoner
Mr.. Holland said miss Turner, Mr.
Gilligan says you wrote him from Rich.
mOnd and Norfolk last fall Did you
do III"
She positively denied having written
then TO him. She said Gilligan had said
TO her near the milkhOuse last Septem.
Der, when she refused TO talk with him,
that ne had letters which would ruin
her Gllligsn had denied this. She
said that the last letter she wrote Gill
gan was IN September. 1898, from Al
leghany Springs and that he then swore
90 her that he had burned all the rest
She had demanded them all from him
and he sWoTe he had burned them all
When asked about the threat TO ruin
her, which Gilligan denied. Miss Tur-
ner said He did threaten me. l went
out 30 the milkhouse and he was be-
hind it lie said: Come on, and |
declined He again said Come on,
aud / refused He said Do ss you
please have got letters that will ruin
you >"
Monday when on the stand Gilligan
displayed q white silk handkerchief
marked IS, " which he said Miss lisa.
bella had given him for a Christmas
gift just prior TO the tragedy. He
claimed that during his three weeks
wandering ia the swamps, while a
fugitive. this memento, given by his
former sweetheart, was constantly with
him Miss Turner, In her testimony
said she did not see the accused
on that night and never gave him silk
handkerchief in her life. She also de.
MED GllligAn's statement that he gave
her a note on Wednesday night and
stated that no time last year did she
meet him by agreement Once or twice
she had seen him, but had asked him
TO keep away
Miss Turner in plain and explicit
terms, testified that at no time In 1899
did she write line to Gilligan
At O'Clock both sides announced
that they had concluded their Tebuttal
testimony
PERSONAL ENCOUNTER BETWEEN AT
TORNEYs BOYKIN AND HINTON.
The trial Of Gtlligan. which has from
the beginning 10 its closing hours been
one Of sensation, eliminated Thursday
afternoon ia q personal encounter be-
tween opposing counsel just before
the close VI the session Colonel Boykin,
the Commonwealth attorney, and ex.
Judge Of the Supreme Court Drury A
Hinton, Of counsel for the prisoner,
came TO blows in the courtroom. There
seems TO have been bad blood between
these gentlemen for some time past
During the arguments on legal points
and the cross. examination OF witnesses
this feeling has cropped out 1t pcs
sibly had its beginning in the opening
Of the trial in the persistent demands
Of Judge Hinton for Miss Turner's love
letters. At any rate. IL has manifested
itself from time to time during the 10
DAYS since this memorable case opened.
The contest was over the instruct
ions which the Court is to give the
jury, and which are presumably TO
guld4 them ia reaching verdict. The
prosecution cOntended for instructions
which, If allowed, would leave the
prisoner no chance Of having his case
on a basis Of self defense
The whole question in this case turns
upon whether the jury believe that
Miss Turner was present when her
father was shot to death.
The principal argument came from
the instructions requested by the pros
ecution, which provides that the de-
PENDANT must show that the homicide
was q necessity TO save his own life
and that this necessity must have come
from no misconduct Of his own, and
that he fairly declined an encounter or
retreated IS far as possible before the
homicide happened With this there
was coupled another instruction to the
effect that II Gilligan was upon the
premises and with a shot gun, COM
oarressing the daughter Of |
Mr.. Turner. being aware that Mr..
Turner would seriously object, and |
that Turner did come upon them and |
was killed by Gilligan. then be could |
not plead self-defense.
The defense has instructions meant |
to cover the same points
Mr. Holland, for the State. contend. |
ed that when a man voluntarily tres
passed and then adds the very grave |
insult Of comparatively oaressing a
female child he puts himself beyond |
the pale of self-defense He should
not be excused by any human ordivine
law. He held that this proposition
ought to obtain In any country where
virtue was not a disoredit and where
men held sacred the chastity Of their
girl children The whole case depends
largely on this instruction.
There is only one point about the in
structions which is yet contested. The
others have been agreed upon The
prisoners counsel is making deter
mined effort TO have the jury consider
1t a case Of self-defense and the Com
one Of murder in the first
degree. The prisoner was the recipient
Of a floral Offering from some sourse
The scene in connection with this diff
Iiculty between Colonel Boykin and
Judge Hinton was probably the most
ever witnessed in Virgin
la court. Both gentlemen who were
parties to it are widely known and
stand high in their profession. The
clash came at 4 :l5 O'Clock. The argu
ments over instructions were being
made and COL Boykin had completed
} speech in which he criticised decis-
on of the Virginia Supreme Court by
Judge Richardson. Dol. Boykin said
The decision was twaddle and any
awyer could see it was not sound and
Ineligible. He then started to read
another decision, when Judge Hinton,
Who was associated with Judge Rich.