The times. [volume] (Richmond, Va.) 1890-1903, 1900-06-07
Many Think Verdict VIII be Murder
in First Degree.
ARGUMEN! MAY BEGIN TODAY.
When the Court Adjourned at Six
O'Clock the Lawyers Were Still
Ar.uin. Over the Instructions
TO be Read to the Jury That
VIII Decide the Fate of
Rev. j. Il. Riddick.
1staf Corresnondencel.

tSldll OptitSittIiSIlIEt-
LAWRENCEV1LLE, VA, June Cine
Commonwealth has won a complete VIC
tory in the instructions that are to be read
TO the jury tomorrow in the case OF Rev.
Roane Riddick, charged with the murder
of DR.. William H Temple. Many who a
few days ago predicted verdict OF not
guilty on account of insanity fear no"
that. under the instructions, the jury VIII
have to convict the preacher OF murder
in the first degree, with death as the pen
atty Should this be the result, counsel
for the prisoner say a new trial can be
easily secured, as they regard some OF the
instructions as the most erroneous ever
given to a jury in this State.
TOOK HOLIDAY.
The jury had days holiday. They
spent the day lounging about under the
ancient oaks in the courtyard or IN
viewing the rural scenery, while lawyers
talked ably and eioQuenuy to the court
The great fight was over the instructions
with reference TO what weight should be
given the testimony of the insanity eX-
oerts and the non-experts. All three of
the experts thought Ridiick eraz3, or
rather. declared the person in the hypot1e-
5ical case. insane. On the otler hand
some thirty or forty Of the preachers old
parishonerS gave their opinion that he was
a sane man. This question was ably ar
gued by Messrs. Buford and saunders 1or
Poage and fiaskins for the defence. When
the Commonwealth, and by Messrs- Davis,
tile court recided this matter in favor OF
the prosecution, the defence excepted 1t
excepted as TO every other instruction 1t
Is thought about an hour will be consumed
In the morning in completing the instruc-
lions, and then the argument before the
jury will begin. Riddick's counsel are
placed at a great disadvantage by the in
structions, but they still have great hopes
of convincing the jury that he is insane.
Only one of two yerdicts is looked for he
Will be declared not guilty on account OF
insanity, or guilty of murder in the first
degree, witch, Of course, carries the death
penalty. There are Very few, II any, -vAo
think that the verdict may be one OF vol
untary manslaughter.
The crowd in attendance upon the Rid
dick trial was larger than on yesterday.
There was a long delay in getting down 10
work. The Commonwealth wanted to go
ahead and complete the instructions with
the privilege reserved of putting another
witness on the stand, if he Should appear
before the beginning OF the argument.
Mr. Davis objected 10 going on any fur
lher with instructions. until the Common
wealth should announce that it had closed
its case. The court announced that 1t
would proceed with the consideration of
the instructions and hear the motion to
allow another witness to testify when the
motion Is made.
The instructions. after giving the usual
definitions of murder, the burden OF proof,
etc, say:
THE INSTRUCTIONS.
beyond Reasonable doubt that the pris-
oner ssot and killed the deceased in the
manner charged in the Indictment, and thai
such killing was d wilfui deliberate and
r1remeditated act on part of the prisoner,
they should find him guilty OF murder in
the first degree.
IF the jury believe from the evidence
that Riddicl1 at the time he shot Dr. Tenn
pie was acting under proVocation, this pro-
vocation being the form of an improper
examination of his wife's person, made by
DR.. Temple and calculated 10 excite and
arouse the passion OF an ordinary man.
and that the shooting was done in the
heat Of passion, created by this proyoca-
ton and before there was reasonable time
for s!lcl passion TO cool and subside, then
the killing of Dr. Temple under such CIR
cunstances was not murder, but was VOL
untary manslaughter.
AS TO INSANITY.
IF the jury shall believe from the evi-
dence that the accused at the time he shot
DR. Temple was laboring under fixed
.ielusion-that he was commissioned or
commanded by God TO kill DIR. Temple, and
that he did shoot him under the influence
of such a delusion. which he could not
control and in obedience 10 8 command
from God. which he could not res,st, then
he is not criminally responsible for the
crime and is entitled to be acquitted on the
ground of insanity. The presumption Of
law is that every man is sane until ne Is
proven insane. When insanity Is relied
alpon as a defense, the burden IS upon the
prisoner 10 prove such INSANITY, IS an inde-
q,endent fact. And 10 entitio the prisoner
TO an acou3ttal on the ground Of insanity,
the Jury must believe from the evidence
shat he was insane al the time of commit
ting the act charged in the Indictment;
and 1T is not sufficient that the evidence
should be of such a character as TO pro-
duce only a doubt on the mind OF the jury
as TO h $ insanity, but the evidence must
prove such insanity 10 the satisfaction OF
the jury: but it is not necessary that such
insanity should have existed Tor any de-
anite length of time, but only that it did
exist al the time of the committing OF the
act of which the prisoner stands charged.
MUST AcQUIT HiM-
IF upon the wtole evidence the jury
shall believe the accused committed the
act charged against him. but at the time Of
so doing was iabor;ng under such defect
of reason from diseased mind, as not TO
know the nature and probable consequences
Of MS act, then he is not at law guilty and
the Jury must acauit iainl,
''The court instructs the jury that 1t
IS their province to determine what facts
have been established by the e:iaence.
Even when medical or other professional
WITNESSES have attended the whole trial,
and have heard all the testimony. de-
falling the facts and circumstances of a
case it is not the function of the medical
or other professional witnesses To judge
of the credit of the witnesses or TO deter
mine what facts haze ben established by