The times. [volume] (Richmond, Va.) 1890-1903, 1900-06-22

sultad II was agreed that the side which
Objected to the other instructions should
have the opening and closing.
Colonel BoykIn took the floor and said
the la wvers decided there was no stated
rule in Virginia for the adoption OF in
struct!ons but the attorneys agreed on
their plans Colonel Boykin began reading
the States instructions and record was
kent Of these. to which the defense oo-
jected. ~
THE INSTRUCTIONS.
When he was through, Colonel Baker
read the instructions for the defense
Nearly all of the instructions offered by
prosecution were objected to, and the de-
Tense moved to have theirs substituted
The defense read sixteen instructions,
seven of win ch the. prosecution opposed.
The first prosecution-instruct.on offered
was argued in reference TO lying IN wait-
Colonel Boykin5 claimed there was evidence
of living in wait and he cared not now
s1rone il was for the purpose OF the pres
| ent argument The defense offered an
| other in its place.
| Judge Hinton opposed the instruction
! because it was abstract, mentioned poison
and because he denied there was evidence
! to show there was lying in wait, contend
| inc that the prisoner borrowed gun TO
hunt with the next day and he could nave
| shot SIR Turner earlier in the night nao
he wished to.
The prosecution did not object to the
! substitute offered and said they could be
taken together.
HOMICIDE A NECESSITY.
| The PRINCIPAL argument came from the
! instruction requested by the prosecution,
| ut1ich provides that the defendant must
| show that the homicide was a necessity TO
save his own life and that this necessity
| must have come from no misconduct OF
| his own and that it did arise from MS
misconduct: that he fairly declined an en-
i counter or retreated as tar as posslole
before the homicide happened. With hls
there was coupled another instruction to
the effect that if Gillisan was upon the
premises and with a shotgun, com
prom:sinsly caressing the daughter OF MI.
| Turner being aware that Mr.. Turner
| would seriously object, and that Turner
did come upon them and was killed by Gil
ligan, then he could not plead self-defense
| BEYOND THE PALE
| The defense has instructions meant TO
cover the same points ME- Holland con-
| tended that when a man voluntarily tres
passed and then added. the very grave in
| suit of compromisingy caressing fe-
| male child, he put himself beyond the pale
! of self-defense. He should not be excused
| by any human or divine law. he hela tl<tt
| this proposition ought to OBTAIN IN any
| country where virtue was not discfedit,
| and where men held sacred the chastity OF
their girl children
| The whole case depends largely on TINS
| instruction.
| The prosecution claims that if Gilligan
| went on Mr. Turner'S premises, knowing
| that the proprietor seriously objected and
! then put himself in a compromising atti-
! tu6e with his daughter, he put his own
| life in peril and could not plead self-de-
| Tense even if his own confession were
| accepted as true.
BEYOND THE PALE.
| Court convened after dinner, and the
| argument was; continued on the instruc-
| tious offered by the prosecution, which put
| Gilligan beyond the pale of self-defence,
| because of his own misconduct in being on
| the deceased's premises and being caught
| in a compromising attitude with the de-
| ceased's daughter.
colonel Baker made the most eloquent
| talk which he has yet delivered. He claim
| ed that there was no uncompromising posi-
| ton except that a lover had his arm about
| the form OF the young woman whom ne
| adored He contended there was no criml-
/! nal act and that the young woman is now
| as bright and as pure virgin as the sun
| ever shone on.
| Mr.. Edwards argued that the instruc-
! tons, if granted would mean that the
| prisoner has no standing in court and
/ the evidence would result IN nauSnt
NO UNLAWFUL PURPOSE.
! Edwards claimed that Gilligan did not
| go to Mr.. Turner's premises for an unla"-
1 full purpose, but to see his sweetheart, the
! one he loved. He claimed if every man
| who meets his sweetheart clandestinely, 1t
| may be at night, be put on the same loot
J ing, the law OF self-defence may as We'll
| be wiped out. He informed the court his
| old age kept him from realizing the situa-
| ton as we'll as younger men could
| Colonel Boykin opened with "Old age
| will ne'er tame the Douglas Blood He
| claimed that the defendant was not en-
| titled to the plea of self-defence when he
| himself was not without fault and brought
/ it on himself He said the defendant
| should have retreated.
| A GREAT PRINCIPLE
| The Speaker detied the lawyers to brlnS
al authority which refuted the proposition,
| and exclaimed: by the eternal Gods.
! there is no such principle in law or morals
There is a principle in human nature deep
| down in the heast which forbids it
| Colonel Boykin alluded to a Southamp-
| ton case in which Lewis killed Newsome,
| and in which case his distinguished friend
| Holland was counsel. He claimed that Gill
| Mgan could not avail himself OF self-de-
! fence because he had brought the necessity
! on himself by caressing deceaseds daush-
| ter, to which procedure he knew the de-
| ceased very much objected.
| NO DECISION.
| Colonel Boykin acknowledged that had
| Turner killed Gilligan he would have been
| guilty of manslaughter, but that did not
| excuse Gilligan.
After the personal encounter the settle
| III M