Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-07-11
COURT DECISIONS.
DIGESTED BY W. B. MARTIN
EXCLUSIVELY FOR
VIHCENIAN- PILOT.
Notes of Cases Recently Decided
Which Are Of Interest to
Our People.
REED V. COMMONWEALTH.

OfON n TRIAL FOR MURDER EVIL
DENCE OF ANOTHER HOMICIDE.
PART OF THE SAME TRAGEDY.
COMMITTED BY THE ACCUSED
AT THE SAME TIME, is ADMIS-
SIBLE AS PART OF THE RES
GESTAE.
THE WHOLE CONDUCT OF AC-
CUSED BEFORE AND AFTER
THE HOMICIDE is ADMISSIBLE.
SELF : CONTROL DETERMINES
MALICE. ALL THE CIRCUM-
STANCES TENDING TO SHOW
THE STATE OF MIND OF AC-
CUsED is COMPETENT EvI-
DENCE.
TIE OFFICER HAVING CHARGE
OF THE JURY MAY BE A WIZ
NESS FOR THE COMMON
WEALTH.
SUCH OFFICER NEED NOT BE
SWORN ON EACH OCCASION HE
TAKES CHARGE OF THE JURY,
IF SWORN AT THE BEGINNING
OF THE TRIAL.
Reed was convicted OF murder in the
iirst degree. for killing his wife, and
sentenced to be hanged, and he APP
pealcd
~ ~ ispiiti inc deceased In
1924, and they thereafter lived together
unhappily In Pittsburg. Penn In Oc-
toDer. 1898, his wife came TO Madison
county. Va, upon visit to her
pircnis where she remained until the
homicide. The prisoner visited his
WE IN January. 1899, and upon this
visit conducted himself in a very OBJ
Jectionablc manner. His wife then re-
FUSED 10 return TO Pittsburg with him.
On the S0th of March, 1890. he loft
llttSDurE for har tyif IN I.i,
In Madison county. He reached Gull
pepper on Saturday, April 1st. where he
became intoxicated, and was SO Of
1ensiVc that he was unable TO obtain
conveyance to Madison until the af-
,ernoon OF that day, and reached the
mouse of his wifcS parents about night.
where he was received and given sup
per, but was refused permission to
spend the night. lie spent the night
at the nome OF n relation OF the family
near by. and returned to his father-in-
laws the following morning in time
for breakfast. and engaged in APP
pnrenuy friendly conversation with his
VIE before and after this meal. After
breakfast the prisoner with his wife
ana child. took Il walk into the woods,
where they remained some two hours
ana on return he ate dinner with his
wife, and afterwards walked arm in
arm to the fence with her and kissed
her twice goodbye as he was leaving
with Peter Jackson. his father in-law.
lie and Peter Jackson spent some por-
ton of the afternoon of that day upon
the mountain. and returned before sun
set, Peter jackson much intoxicated.
but prisoner not SO much so. The prIs-
oner then loaded his brccch-loadinc
gun, and with his little child went in.
TO the woods TO shoot bird. He soon
returned, went In to supper. placing
his gun near his scat. After being
seated n few moments. upon hearing
his wife close the front door of the
house. and coming as if to join them
at the meal. he ut once rose from the
table, left the room, taking his gun
In hand, rcmarking that he wished to
have Il word With his wife. He had
gone only five or six steps out of tlie
door when he was heard to ask his
wife for the child. and she in reply
asked him what lie could do with it,
when he shot her. Whcreupon the
father rushed from the table to the
rescue of his daughter but before
reaching her there was second shot,
and the wife. bleeding. is seen to flee
through the house in -direnlinn-at
neighbours. some four hundred yards
distant. The father endeavors to OBJ
tain the gun and in the alteration
the prisoner fcceeds in loading II and
fatally shooting him. and at once con
tirues the pursuit of his wife. overtak-
ing her within about one hundred
yards of her destination, where he
throws her down, and is apparently
harm. Two men come out of the house
to which deceased was fleeing for safe
ty and attempted to rescue her. but
dcsisted at the point of the prisoners
gun and threats TO kill them &c they
did not retire, which they did. followed
in moment or so by deceased. who
had in some way eXtricafed herself
She had not gone however. more than
fifty yards and was about to pass
through the gate of said neighbours
Ubnn rriCnnor nIprtnnl, nd
fired at distance OF six or eight feet
the shot taking effect in the back of
her neck. producing instantaneous
death.
The. court says:
Pauline Jackson, Il witness for the
Commonwealth. while testfving on
her examination-in-c chief. began 10 tell
Of the killing of Peter Jackson. to
which evidence the prisoner excepted
but the court ovcrrulcd the exception
and this ruling constitutes the prison
ers third assignment of error The
killing of Peter Jackson was but
part Of the tragedy in which the pris-
oner's wife lost her life and for which
he was on trial. and the witness re-
lates these plain but connected facts
which form vital link in the chain of
the evidence as 60 the general con-
duct of the prisoner and essentially
part of the res ecstac. We are of opin-
ion, therefore. that the assignment OF
error is not well taken.
His whole conduct preceding the
murder. as well as after. could DO
shown in order that the jury might be
In full possession of ell the facts in
cident to the preparation and consum-
nation Of the crime.
Sclf-control' determines malice. and
as long as self-control exists the crime
is murder In the first degree or second
degree, to be determined by other
facts Than the ynrviDr deprecc Of he