Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-12-15

shot and killed his once bosom friend,
will soon be decided by jury of his
countrymen in the United States Court.
The jury has been charged, the district
attorney has made the opening argu-
ment for the prosecution and one of
the defense's counsel has followed.
This morning at 10 o'clock the de-
fense's closing argument Will begin,
and the government will close the case.
The case will go to the jury probably
tonight, and it is reasonable to believe
that If there is not Il disagreement
verdict may be looked for some time on
Monday.
The court was packed to the doors
yesterday, the fifth day Of this most
remarkable trial The entire morning
session was occupied by counsel argu-
ing instructions prepared Tor the jury
by each side. His honor Judge Wad-
dill carefully considered all the phases
OF the case and prepared the inStruc-
lions. The charging of the jury with
their solemn duty was a most impress
sivc event, and pin could have been
heard drop in the court room just
before the court began on the instruc-
tons which may send Prince to the
gaIlows, peniteniiary for life or give
him his liberty. District Attorney AL
Ian, who has beautiful command OF
English. was scathng in his arraign-
ment of the prisoner during his argu-
nent. The governments contention
was that clean case of wiful murder
had been made out, and alleged that on
Princes testimony alone their conten-
ton could be sustained. Mr.. Wilcox,
OF prisoners counsel. who followed
made one of the strongest and most
pathetic appeals ever heard for pris-
oner In Norfolk court room. He
dwelt on the fact that Prince was men
tally Irresponsible for his deed and
asked an acquittal. When Mr. Wilcox
referred to fifteen years ago when
Prince welded the woman who swore
at the altar TO cherish him, the prison
er shed tears and covered his face with
his handkerchief Judge Waddlrs
charge TO the jury was as follows:
Gentlemen of the Jury: This case is
now submitted to you for your deliber-
alton and determination. The indict-
ment charges the prisoner, Michael II.
FRINGE, with murder. 'and is drawn I'M
der the provisions of Section $3.50 of
the Revised Statutes of the United
states, which. among other things, pro-
Nides that every person who commits
murder within any fort, arsenal. dock
yard. magazine or any other place or
district of country under the exclusive
jurisdiction of the United States. =
shall suffer DEATH"
The Indictment in substance charges
that the said Michael IL. Prince. on
the third day of August. 1900, at the
city OF Norfolk. on land belonging to
and owned by the United States of
America. with the consent of the Leg
islature of the State of Virginia, ced-
ing jurisdiction over said land: the
said land being part OF the site OF the
United States pOstofiice and custom
house. situated in the city of Norfolk,
in the county OF Norfolk. in the State
OF Virginia. and being then and there
within the exclusive jurisdiction OF the
United States OF America. did kill and
murder one Charles J. Cannon.
Before you can render q verdict of
guilty against the prisoner Michael
III. Prince. you must lind from the evil
dencc that the said Charles j. Cannon
is dead. and that he came TO his death
as charged in the indictmcri on said
government reservation in the manner
set forth in the Indictment. ard was
killed as therein charged by the said
Michael II. Prince.
And you are further charged that II
you believe from the evidence that the
said H. rider was committed upon the
property coded to the United States
government, by the act of the Virginia
Legislature as aforesaid. and that said
property on the said third day of Au-
gust. 1900 was part of the rescrva-
ton so ceded TO the United States gov
ernment, and then being used Il
yard or areaway in connection with
the custom house of the said United
States, then that the same was a
place within the exclusive jurisdiction
OF the United States.
Ii you find these facts to be as
charged in the indictment. you must
find whether the killing OF said Chas.
j. Cannon was murder.
Under the laws of the United States.
there are two kinds of fclonious homi-
cide-murder and granddaughter. Muir
der is defined by the common law (by
which definition we are governed in
this case), to he where q person of
sound memory and discretion unlaw-
fully and fcloniOusly kills human
being in the peace OF the State. with
malice prcpcnsc or aforethought. cx-
press or implied.
1t follows then gentlemen of the
jury. that malice is an essential ele-
mcnt in the crime OF murder. discrim-
mating IL from manslaughter. Malice
is express when one. by generalization
and design formed in advance, kills
another. the reconciliation and design
being shown by proof. as by testimony
showing previous threats lying in
wait. preparation for the killing
hatred Of and concerted schemes
against the victim.
Implied malice is the simple and nat
ural conclusion of the law from any
deliberate and cruel act committed by
one person AGAINST another.
The other fclonious homicide to which
l called your attention. manslaughter.
is the unlawful killing of a human
being without malice either express or
implied
You are further charged that the
legal meaning OF malice aforethought
In homicide is not limited to homicide
committed in cold blood, with design
and reconciliation. hut embraces an
cases where the act is done under such