The times. [volume] (Richmond, Va.) 1890-1903, 1900-06-23
He Asks for Verdict Of Murder in
the First Degree.
COLONEL BAKER FOR DEFENCE
Declares Miss Turner's Character
Spotl1ss, But Pleads for Full Credit
TO Gillisan's Testimony Mr..
Edwards Also Speaks-The
Trial VIII Close To-day.
Large Crowd.

ISLE OF WIGHT c. H., VA. June p.
Special-The Giliigan case will be given
into the jurys hands on the afternoon
of tomorrow, the seventeenth day of a
trial. many of whose features have no
parallel in the criminal history of Vir-
ginia-
Three OF the lawyers argued to-day
after instructions had been granted, about
IL O'Clock These three occupied less than
half of the ten hours allotted for argu-
1ncnt-
Judge Hinton and Mr.. Holland will
make their speeches tomorrow. The for
mer will have over two hours and the
latter can Use over three hours II he
chooses.
SUBMIT IT TO THE JURY.
The case will likely be given the jury
Saturday afternoon. The crowd to-day
was even larger than that of last Mon
day. which heretofore held the record.
To-day spectators filled every available
space on the floor, on the rails, on the
stairsteps and within the rail The WIN
dows were crowded and people on the
outside stood around half a dozen deep.
Many others could not get within hearing,
and they laid about the court green and
on benches.
The court eliminated the instruction
over which lawyers fought yesterday,
and issued substitute. Another suDsi-
tute was granted for No. g. Ihe court
refused to grant instructions Ncs. s, 10,
II and IA for the defense.
Colonel Borllin, Colonel Baker and Mr..
Edwards talked to the jury the rest OF
the day and kept court TIL late.
THE INSTRUCTIONS.
The following instructions bear
ing specifically upon the case were given
IA thesi,1rv. in addition TO those cannon
TO all murder trials. Those asked for and
granted for the prosecution are as fol-
lows:
Manslaughter is the unlawful killing of
another without malice, expressed or
implied The presumption Of malice, which
makes the homicide murder, may be re-
PEELED by the accused where the act
thought intentional of death or great bod
ily harm was not the result of a cool. de-
liberate judgment and previous maiisnity
OF heart and is imputabie to human in
trinity alone when death tnsueS from
sudden transport of passion or neat OF
blood adequately excited, if upon reason
able -,rovocation ana without malice, ihea
the orense is manslaushter
BURDEN OF PROOF.
The Court instructs the jury that, IN
order TO make out a case of Seif-defenSe,
the prisoner. a c. Gilligan, must show
10 the jury that the shooting OF g b.
Turner was necessary TO preserve his own
life or 10 protect him against serious
bodily injury; and, with regard to neces-
sity, that will justify the killing of G IS
Turner by a c. Gilligan in seif-detenSe
he. A. c. GilliEan, must not have uniaW-
fully occasioned the necessity, Tor the
Court tells the jury that man shah not
in any case Justify the killing OF anofher
eI,,- ,las- no <
without fault in bringing the necessity
upon himself: unless the jury believe from
the evidence that, although the necessity
did arise out of the prisoners own fault'
the accused before shooting the said G b.
Turner fairly declined an encounter With
G g. Turner by retreating as far as he
could and then did the shooting in self
defense or under a reasonable appre1en-
sion of death or serious injury. the Court
lnstruc,s the jury that. If they believe
from the evidence, the accused, A e
Isilligan went upon the premises of c. b.
Turner on the evening or night of Decem-
her 81 1899 to seek an Interview with the
daughter of the said c. b. Turner, ana
ina; before going upon the said premises
he borrowed a gun With The intent of
shooting the deceased in the event he was
discovered by him upon the premises. and
That having been so discovered upon the
said premises, he shot the said G. B.
Turner, thereby killing him in pursuance
of sale purpose, then they will find the
said A C. Gilligan guilty of murder In
the first degree.
NOT SELF-DEFENSE
The court instructs the jury that If they
he1ieya from the evidence that the accus-
ed had been ciandestineiy and at night
meeting and careSsng the daughter of the
deceased. upon the iatters premises. con-
t-ary to the known wishes Of the deceas-
nd or otherwise. and that the accused had
reason to believe. and did believe. that Il
the deceased caught him upon the said
premises at night in the act of caressing
his said daughter, he would make an at
tack upon or kill him, and that on the night
of the homicide the accused was upon the
premises OF the deceased armed with
gun. caressing said daughter. and was dis
covered by the deceased, who said: II
have YOU now. which language was
heard by the accused, and he discovered
an object which he could only tell was
man by the voice. and the accused beiev-
ca that he heard the click OF the cooking
of a gun and believed he saw gun, and
that tht. accused Immediately shot the de-
ceased killing him. without retreating or
making any real attempt SO to do. such
killing wa. not in self-defense, and is not
excusabic IN the eye OF the law.
REASONABLE DOUBT.
That on q trial for murder the necessity
relied upon TO justify the killing must not
arise out ID the prisoners own misconduct
That upon the trial of this case If there
is raised by the evidence, by the lack of
evidence, or even by the ingenuity of
counsel. a reasonable doubt of any mate
rial fac, or circumstances necessary to es-.
tabl!sh the guilt of the prisoner as charged
In the indictment, then the reasonable
doubt Is decisive and the prisoner should
be acquitted. but this rule of law is not
applicable to facts and circumstances i'm
material and wholly unnecessary TO con-
yict as charged IN the Indictment. nor is
this rule applicable to any excnsatory fact
or circumstance tending 10 show exclusive
" that any act done by the prisoner was
excusable In law or in sesf-defense,
IN FAVOR OF DEFENSE
Those asked for and granted by the
aara,e.,s are9 a. foyinv-s.-5Ig