The times. [volume] (Richmond, Va.) 1890-1903, 1901-02-09


the latter being small boy. The court
admitted his testimony, which was except
ed to by counsel for the prisoner. His
testimony was merely to prove that VIII
son early that morning knew his father
was absent from home
WATKINS RECALLED.
W. 7. Watkins was recalled by the
Commonwealth. On cross examination
he admitted that Wilson had a perfect
right on his premises. In his preceding
evidence Watkins had eyaded this ad-
mission.
At this point Miller, counsel for the de-
fense, asked Watkins where the pistol
was with which he went to Wilson'S S
home to shoot iai1n The question was
objected to by the commemorative At
torney and ruled out by the court. The
question was prompted 5y the fa5t that
Watkins had a pistol on his person yes
terday. The military watched him Closely
Sergeant Barlow saw watkins in u srs-
picious attitude near the prisoner just
after the motion for change of Venue
yesterday He called Watkins aside and
Lieutenant Skipwiti1 went with him into
the iury-room and had 9: conversation
with him in which he requested that
Watkins turn his pistol over to him. Ihls
Watkins did with some hesitation, and
afterwards thanked Lieutenant SkipWlth
for making the request, saying he might
have been impeiied 10 do some damage
TIE incident was unnoticed and vas n
known. save 10 the reporters and the
military officers.
THE INSTRUCTIONS.
When court reconvened this afternoon.
counsel agreed to the instructions offered
,y the court no witnesses were put on
for the Commonwealth. Wilson was Ect
put on the stand. The court then read
the following instructions to the jHrE:
Th, Court instructs the jury that to
convict The prisoner of attempt to COM
nit crimial assault, as charged, it is in
cumbent on the Commonwealth to prove
that the defendant made the assault, as
charged in the Indictment, with the ln-
tent TO commit criminal assault, and
having the intentions he attempted to
execute his purpose and to this end used
fcrce, and that the acts of the defendant
were against the will and consent OF the
plaintiff.
The Court further instructs the jury,
that if they shall believe from the evl-
dence that the intention of the defendant
was to commit criminal assault. as
charged in the indictment, then the at
tempt to commit the offense with the
use of any force is sufficient to establish
his guilt provided this was against the
will and consent of the DroSecutriN. Ihe
slightest force on his part and the ut
most resistance on her part being re-
quired to prove guilt.
An attempt is the intent to do a
wrongful act, coupled with overt acts
towards its commission.
That the presumption of law is that
the prisoner is entitled to every reason
able doubt. and in order to convict the
prisoner under the Indictment it is in
cumbent on the Commonwealth TO prove
every material fact charged in the hdict-
ment beyond all reasonable doubt.
THE ARGUMENT.
After the instructions were read 7.
Freeman Epse opened the argument for
the Commonwealth. He made a short
speech. closing with the request that the
jury bring in the verdict of guilty of at
tempted criminal assault, which is pun
isl1able by death.
SRHe was followed by Hugh Gordon Mil
tHf. CG'Norfolk. Assistant United States
District Attorney. counsel for defense.
Mr.. Miller has made distinctiyeiy ia
vorabie impression upon the court, jurors
and citizens 'of Nottoway county. His
speech was brief, but eloquent. He made
no plea for mercy. but confined his argu-
ment closely to the evidence, declaring
that the Commonwealth had proved only
Il case of assault. which is punishable
by not more than twelve months con-
hnement. and he asked that the verdict
be rendered.
Commonwealth Attorney Walter a.
Watson, who has so ably and fairly con-
Quoted the prosecution. closed with q
Characteristic speech. he asked for Il
verdict of attempted criminal assault.
THE VERDICT
The jury-J S. Ingram, foreman-went
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