The times. [volume] (Richmond, Va.) 1890-1903, 1902-08-03

: - Os4SDs Y$osS oOA&-1A-, -
that certain words had the effect OF
blows, and warranted the delivery of
blows in return, but it was rejected py
Judge Wood, Judge Campbell excepting
Colonel Christian, counsel for the de-
fenser said that two instructions admit
ted, number six and seven. covered the
case, and that those rejected did not
matter. The two are, therefore, the only
ones quoted:
IMPORTANT NUMBERS.
Number 6. The court instructs the
jury that an unloaded small riding whip
or switch is not deemed deadly weapon
at law. reasonably calculated to produce
death or great bodily harm, and that
the use Of such instruments in 4 crowd
ed thoroughfare. moro especially when
more deadly weapons were at hand
equally convenient, negatives the INFER
ence or presumption of intent to Kill and
murder. Therefore, the jury must acqult
the accused of the charge of the Intent
to Kill and murder, unless they ma
from the evidence. that such was the
solo intent and purpose Of the defendant
and nothing else.
Number Z. The court instructs the
jury that to constitute the crime charged
in the Indictment there must not only
be personal injury done 20 the prose
cutor of the nature above described. out
the injury done must have been perpe-
trated with one or two others OF the IN
tent specified in the statute. VIZ: the
accused must have intended to MAIN.
dishSure, disable or Kill, and nothing
else. or else the accused be found not
guilty.
COMMONWEALTH'S INSTRUCTION.
The single instruction Of she Common
wealth was as follows:
THE court instructs the jury that no
words of reproach, however grievous, is
a sufficient provocation to justify an
assault" A string of authorities for the
instruction were presented with 1t. Con-
siderable excitement attended the argu-
ment over one of the instructions. Mr..
Evans had offered a proposition to sub
nit the case without argument and the
defense had declined. Then the Com
monwealth's attorney went on to indi-
cate the position he occupied in the case.
He made a candid statement that the
Commonwealth could not establish the
charge of felonious assault set forth IN
the Indictment. The evidence showed
conclusively, he said, Judge Campbell
could be convicted only of one OF two
things: Either an attempt to commit
felonious assault or the commission OF
a common assault. Both of these are
miSdemeanors. The Commonwealth
thought the accused guilty of the first
JUDGE CAMPBELL EXCITED.
AS Mr.. Evans was proceeding With this
explanation, Judge Campbell arose in an
excited manner. insisted upon interrupt
ing the speaker, and demanded that the
words of the Commonwealth S attorney
be kept out of the stenographical report
being made by Mr.. Hart. of Roanoke. He
declared that Mr.. Evans was making the
speech for a future purpose: he wanted
to be judge and turwy and decide the
case himself; and moreover he wanted to
use the speech against the accused at
some future time.
Judge Campbell spoke of the fact that
he is not only being tried for a felony.
but is also subject to Impeachment by
account Mr. Evans, who he said was
partly responsible for the contempt pro-
ceedings.
He asked that the speech be kept out
Of the report and then there began a
fight over the stenograpier in an effort
to have him cut the matter out.
The court ruled that Mr.. Hart was in
the employment OF outsiders and could
take down what he pleased and Mr..
Evans went on to the end. Judge Camp
bell, by the way, had remarked that he
would go TO the penitentiary or be hung
If he had to rely upon Mr.. Evans for the
verdict in the case.
BABYLONIAN CONFUSION.
The excitement at this point was con-
siderable and Colonel Christian referred
to it as This Babylonian Confusion"
The court permitted the charge to the
jury to be amended to the extent of in
GLIDING an attempt at assault and the de-
ferse noted exceptions again.
The attempt is punishable with con-
fnement in jail not less than six nor more
than twelve months.
The Jury at last returned to the box
and the argument was entered upon.
And it may be said right here that 1t was
certainly the most remarkable argument
ever heard by the writer. For the COM
monwealth. Mr.. Evans made a great
speech. earnestly pleading his side of
the case setting forth eloquenty what
he conceived to be the rights in the mat
ter and appealing for careful action by
the Jury in a matter which would prob
ably change many of the laws OF Viz
GINA He went TO considerable length
to show how difficult was his position.
how he feared lest personal feelings
should he injected into his argument He
had made scrupulous efforts to keep such
from being the case.
PAINSTAKING EFFORT.
He went over the grounds Of the
charge. and. as he had done before.
fra nkly admitted that the Commonwealth
could not establish a felony, but would
| attempt to prove either an attempt at
felonious assault. or else common assault,
either of which IS misdemeanor.
He showed on what basis he hoped to
do this, went over the laws. and dis
cussed the rights in the case. The name
of Justice John was mentioned once in
cdentally in a reference to what he
would have done if he had tried judge
Campbell. should the latter have only
stamped Mr.. Crawford in the face fo.'
the alleged insult.
Mr. Evans. though nearly fainting from
| heat and exhaustion. made one of the
greatest efforts of his life. His speech
was entirely free of the offensive epithets
employed so frequently by the defense.
In opening for the defense. Colonel
Christian Immediately plunged in medals
res He declared that the prosecution
was no prosecution at all, but rank per-
secution. persecution even to the gallows
| if malice could carry it that far "And
persecution in whose behalf?" cried Col
| o,al rh,-St;oo MIGRATORY (Nr.