The times. [volume] (Richmond, Va.) 1890-1903, 1900-06-17

cause. Upon this proposition, and upon
that concerning the compensation to De
allowed the trustee, this opinion, which IN
part affirns and in part reVerses the
decree of the Circuit Court OF Henrlco
county, viii be. OF great interest.
Montgomery VS.. Commonwealth
Judge Harrison delivered this opinion,
reversing the judgment of the Circuit
Court of Rockbridge county, which sem
fenced the accused to confinement IN the
penitentiary for four years for feienious
assault with intent to MAIN, dLst1gufe,
disable. and kill William E. Davidson
The prisoner was upon the land of DAVID
son for the purpose of selling gun TO
one of his hands, and was directed to leave
by Davidson. Upon his refusal TO do SO,
Davidson dismounted from his horse ana
advanced towards him; wnereupon the
prisoner stepped back some ten or M
teen feet and told Davidson that he
would shoot him if the Alatter hurt MN.
Davidson picked up sharp corn cut
ter, ran to the prisoner, and they cl1nch-
cd and in the subsequent scuffle the gun
was discharged and Davidson was shght-
p, wounded The opinion says that
rrsn NAV use as much force as is neces-
arv for the protection OF his person ana
property, but this rule is subject 10 the
most important modification that ne
shall not except in extreme cases, en-
danger human life or do great podliy
harm Conceding that the prisoner was
a trespasser and that he ought to nave
promptly left the premises, this dlo not
Justify the assault made upon him by
Davidson which was calculated to excite
in the prisoner apprehension of great
bodily harm Under such circumstances
he had the right to defend himself WITH
in the limits Of the law, and the Sou!l-
ty Court of Rockbridge county erred III
falling to SO instruct the jury
Reed VS. the Commonwealth:
mis- oniuion is written by Judge card
well and disposes OF several lntsiss 'l'17
Questions of criminal law. BY it the lud6-
,,en+ Of the County Court Of Madison
county is affirmed which sentenced the
accused to be hanged. The crime was
+ra murder of his wife and her father
under circumstances peculiarly shocking.
They are as follows:
Tha prisoner married the deceased in
1894. and they thereafter lived unhappHS
in Pittsburg, Penn. In OCTOBER, 1870. h'S
wife came to Madison county, va, upon
a visit to her parents, where she remain
ed until the homicide. The prisoner visited
his wife in January, 1888, and upon THIS
visit conducted himself in very obJec-
tjonab,e manner His wife then refused
to return 70 Pittsburg with him. On the
goth of March, 1882 he LETT PittspurS
for another visit to his wife in Madison
county He reached Culpeper on Satuf-
dav April 1St, where he became ntoAi-
Gated and was so offensive that he was
unable to obtain a conveyance to Mad!-
son until the afternoon OF that day and
cached the house of his wife's parents
about night, where he was received anu
given supper but was refused pernlls-
sion to spend the night. He spent the
night at the home of a relation Of the
family near by, and returned to his
father-in-law's the next morning in time
for breakfast and engaged in apparently
friendly conversation with his Wife before
and after this meal. After breakfastthe
| prisoner with his wife and child, took
a, walk into the woods where they re-
| NAMED some two hours and on return he
ate dinner with his wife and afterwards
walked arm in arm to the fence with
! her and kissed her twice s2od bye as
| he was leaving with Peter Jackson, his
| fat?ler-in-law. He and Peter Jackson spent
| some portion OF the afternoon Of that day
/! upon the mountain and returned before
! sunset Peter jackson much intoxicated,
| but the prisoner not SO much SO. the
, prisoner then loaded his breech-! loading
| gun and. with his little child, went into
| the woods to shoot a bird. He soon re-
| turned went into supper, placing his
! gun near his seat. After being
| seated a few moments, upon hearing his
| wife close the front door of the house and
! coming as il to join them at the meal, he
at once rose from the table, left the room,
| taking his gun in hand, remarking that
! he wished to have a word with his wife.
i He had gone only five or six steps out OF
! the door when he was heard to ask MS
i wife for the child and she in reply asked
/, him What he could DO with it2" when he
/ from the table to the rescue of his daugll-
/ second shot, and the wife. bleeding, is
! seen to fee through tire house in the direc-
/ ton of a neighbors, some four hundred
! yards distant. The father endeavors TO
/ obtain the gun, and in the alteration the
! prisoner succeeds in loading it and fatally
/, shooting him. and at once continues the
/ pursuit of his wife, opertaking her within
/ about one hundred yards of her destination
/ where he throws her down and is apparent
!, ly endeavoring to do her serious BODILY
| harm. Two men come out OF the mouse
: to which deceased was fleeing for safety
4 and attempt to rescue her, but des.sted al
I the point of the prisoners gun and threats
! to kill then, if they did not return Which
/: they did, followed in a moment or so by
| deceased, who had in some way extrtcated
Z! herself. She had not gone, however, more
I! than fifty yards, and was about to pass
through the gate of said neighbor's house
| when prisoner overlook her and fired al
] distance of six or eight feet, the shot
taking effect in the back OF her neck
producing instantaneous death