The Washington weekly post., 1900-12-18
Court Charges that Jury May
Aequit Capt. Prince.
IRON PRISONER MOVED TO TEARS
Breaks Down and sebs a. ui, Counsel
Touches Upon the Rain Of an. Home
Judge Wilicex's Dramatic Persration-
scores Mrs. CaBnea for Havins InsIigat.
ed harder - Peculiar hypothesis Ad.
saneed by staie-Prinee's story,
Special to The wasAinE.o4 Post.

NANNtSA - AAe " sslttAk3o4 EuSfs
Norfolk. Va. Dec ia plea OF uncon-
trollab.e. emotional insanity was the de-
tense set up by the counsel for ex-Assist-
ant Chief Of Police Michael II. Prince to-
cay. Former Congressman Thorn IN his
opening argument intimated that the de-
Tense would ask the court to instruct the
Jury that where man defends his do
mestie honor, the deed, IL proven TO be for
that purpose, is in effect justihable homl-
cide The instructions submitted by the
defense provide only for absolute acquit-
tai. Should Prince be convicted, the de-
Tense will appeal, either on the ground OF
insanity or lack OF Jurisdiction, as the
argument of counsel to-day showed clear
ly that the question of whether the crime
was committed in the State or on Fed
eral property has not been settled 10 their
satisfaction.
Judge Wilcox, OF counsel for the de.
tense, said that the burden OF proof was
en- the government to show that Prince
was perfectly sane at the time the crime
was committed, and that the point had
not been proven.
The district attorney resisted the at
tempt OF the defense 10 introduce tie IN
sanity question, and contended that there
is nothing in evidence TO show that Prince
was not perfectly sane at the time the
crime was committed. He asserted that
had Prince known he was shooting Can
non on government property. the Federal
court would never have been burdened
with the case.
Judge waddilps Charge.
Judge Waddilfs charge to the jury was
forcible and comprehensive The ques-
ton of jurisdiction was touched ursn.
You are charged that the intent neces-
sary 20 constitute malice aforeth0Ught
need not have existed for any particular
time before the act of killing. but that
II may spring up at the instant. and be
inferred from the fact Of killing" tire
court charged. And you are further
charged that there is TO presumption Of
malice against the prisoner II there eX-
lists i'm your minds sufficient proof of al
deviation, excuse, or justification arising
from the evidence The existence of NAL
ice is not presumable against the pris-
oner, if upon any rational theory con-
sistent with all the evidence the h0mi-
eide was either justifable or exeusable,
or an act of manslaughter only"
The court then went on to define the
various degrees OF murder and man
slaughter, and concluded:
'-The court further charges the Jury
that if they believe from the evidence
that the prisoner. Michael H. Prince. kill
ed the deceased. Charles j. Cannon. but
at the time of doing so he was mentally
unbalanced to sucn an extent as to rem
der him unconscious OF the fact that ha
was committing any crime, then he is not
guilty of any offense,"
The argument of counsel was heard by
a tremendous audience. Gen. Allen OPEN
ed for the government. and he took the
ground that the prisoner may have deter
mined, after realizing the enormity Of his
crime, that the only way to save his life
was TO besmirch the reputation of his
wife and make up the story of catching
her with the letter TO Cannon; to relate
the alleged confession, trusting that after
the trial was over and the jeopardy OF his
life had been removed he could declare he
had lied. He had never made statement
from the time of his arrest until his trial
Judge Thomas II. Wilcox, for the de-
fense. said that this view of the case was
based on supposition. The evidence. he
declared. showed that the only statement
Prince had made was kept from the jury
by the district attorney. Prince, he said.
did not seek Cannon to kill him.
Defense scores Mrs. Cannon.
He severely drralBned Mrs. cannon,
whose voice. he declared. was the first
raised to instigate the tragedy. Shall a
woman who wrote the letters she did send
this man 20 the gsllows because she CON
tradicted his testimony" he demanded
mo, gentlemen OF the jury, the question
for you 10 decide is whether Prince was
in possession OF all his faculties at the
moment Of the murder, or whether. grief
craZed, he shot the man who called his
wife vile name"
The prisoner broke down and sobbcd at
these words.
The speaker. continuing. said that the
man who had vowed before God 10 assist
In the rearing OF Princes child had PROS
tituted its mother, and that while pretend
ing 10 lift the child heavenWard with one
hand. he was pressing the mother toward
damnation with the other. What would
be the effect OF such a revelation on any
mans TeasOn2 he demanded. Would not
every instinct Of manhood within him rise
up and demand the supreme sacrifice OF
that other mans life?
Judge WilicOxs speech concluded the
days session. The argument will be con
cluded and the case will go 10 the Jury
tomorrow.