The times. [volume] (Richmond, Va.) 1890-1903, 1900-12-15
Under instructions the Jury May
Hang Him or Acquit Him.
ALLAN FIERCE AND SCATHIN6
field That Cannon's Death was !" or
dor !, ,hc First Dcsrcc-i;efusai
10 Allow Princes Confession in
Evidence VIII Prove
Strong Point in His
ETay
1snaei.l nisnntch 10 The Times,

NORFOLK. VA. Dec. 1.-THE trial Of
Prince for the murder Of Cannon dwafi''
IN interest every other subject in Nor
folk
The instructions were given The jury to-
day and the case was partly argued. ana
here is much difference of opinion as 20
the result
when judge waddill look his seat on
tbe bench In the United States Court tbs
morning every seat in the big room was
occupied and rho usual crowd that co"io
not secure seats was packed into every
available space outside the rail
BROTHER AT HIS SIDE
,s ,,sI,al Princes 5rouher, James 1-
prince ac,onpaf,ied him. The prisoner
powerful man physically. is standing the
ordeal in a remarkable manner and look
"A ,,o,ter to-day than at amy time during
the trial.
Mr.. Thorpe in h;.s argument aN 'ile 9'''
clearly intimated that the defense IA
.,r,crions to the jury were in the nature
,,f an appeal TO their mercy on the INSANITY
question. Nr. Thorpe Thought this hluI-
der Vas an eXcusap.e homicide; that t1e
,,,-is,n..r. had knowledge OF aduItefeus II
Iercourrse between his vile ana 'HS ue
r,sased Nr Thorpe said IL was d tNs99
75or, of sanity at the moment me honh4cluv
- t,S'- - +r,1,,,f+faa Prince the defense be
l;s,-es cot;.in't restrain himself ana Was
tied with an irresistible impulse ms
-,,,,,t ,,-o1Il5 no doubt be questioned, puN 1t
i now the law of the land that an iFieS-9-
7ple impulse Is a species on lnsahil! anu
;r-,es7,or,!iole THE prisoner Is eht-tea 10
t. ii,
the benefit in a. case OF TINS Alho' s"tN
Mir. Thorpe
KILLING NOT THE CRIME
The act of killing IS not the crime the
criminal part depends on the MIND anu
We f,etieyc the prisoner il entitled TO ac-
l,,,.r+a1 ON The grounds Of insanity at the
,,or7ant rlle crime WAS committed. Nflen
insanity overcomes the mind, the NINA De
,,o,,as dulI. We believe that the prisoner
was impelled by an uncontroiiaple ana II
reststihlc impulse which ne coG.a not ie-
strain and the result should be SN1"a-
able homicide There Is no
for either .excusabIe homicide, or 'JuSu-
-f.l,l4 1,orI7ic.dc: possibilities are regulated
nv God and not 10y man. The object OF our
distractions to the jury IS Tor aosoiute
acquiital.
QUESTION OF JURlsDICTloN
Mr. Tborre mere began arguing as
10 where the crime WAS committed
on Government or state properly nc
defense's line now is clear IheE expect
acouittal ON the grounds OF NlSahltE' oi'
in case prince is convicted, her SUI 'A6eS1
ap3eal will be that the CRIME was com
,ai-te5 on State. not Government prop
,-,, and that the prisoner was ehutieU 10
a rial in the State courts. &c PRINCE IS
convicted and an appeal IS taken TO me
I-r3tel States Supreme Court, IL VIII pe
irut.rrstiI1. to know whether the hlSheSt
court in The land Will sustain TINS court
a., reverse the verdict of the Jury ana
throw tie case into the state Iratt. On
which point the defense made Such
Y-.ea,.7ta EFFORT at The beginning Of the
trial.
,z,sd that there was no proof that this
Srine was committed on Government
property AIr. Thorpe said the prosecu-
i:on has failed to prove that TINS prop.
-a-tv, when it was ceded by the state o.
virginia. carried with it exclusive juris-
dction.
IN MECKLENBURG.
Mr. Thorpe began illustrating on The
,,ninr nf !, similar case in Neckienburg
county.
spirit OF pleasantly, that's the home OF
the moonshjners.'
YES. and there are some good people
outside OF mconshners there, replied
,j, Tho,na ana a general laugh was
inaIlped i'm. Mr. Wilcox followed his as
secj8te very briefly, and Mr.. Allan arose
in behalf OF the Government. lie said
-he burden Of proof on the part al the
Irnif.d States was te show iAat Prince
was perfectly sane at the time or the
l{llins. The Government objected 10 III
structiuns and 40 prepared by the De
Tense on The ground that they We're cSti-
,,NyRc- IF lgl4
cQiated 10 confuse the minus o. iiis ''' :
PRINCE RESPONSIBLE
Mr. Allan contended there was nothing
in the evidence 10 show Prince was men
tally irresponsible al the une ne i'F"o
Ihe first shot at Cannon
Air. Allan said it is doubtful the
United States Court would have been huf-
dened with this case had Michael Prince
known when he stepped around the '.tl-
zen's Bank corner TO kill Cannon tha1
he was stepping on Government property
and would suffer the consequences OF MS
act
THE INSTRUCTIONS.
Al the afternoon session Judge Wad-
dill read 10 the jury The instructions
which shall guide them in the rendering
of their verdict. Under these they may
lind the prisoner guilty Of murder and
may say that the death penalty may still
not be inflicted They may find Prince
guilty OF murder with malice afore-
thought for whi,:ia f4e shall die They
may find him guilty OF manslauShter or
acau:t him. Il is regarded as probable
that the Jury Will fail TO agree,
THE PROSECUTION
After the instructions weye read Dis
,ricr Attorney Allan opened for the Gov
.,a,nen1. lie SAID the killing of Cannon
was murder in The first degree: that
the law, not to take DIT in his own hands
III attacked the cred!ta5iilty of Prince as
a witness. say!ES that the prisoner had
ample time between the murder and the