The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-03-03

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prisoner. but the court lhstrncts the 4 Jury
y as n tr1ntter}o f law that In considering ne u .
the jury are Mt to s ~ Ds s,s,,.t thav
! entertain stitli@ doubts rs are merely
Il nh]merlrai or con jectural a doubt to JUS
3l$tifv Al, ntnutta mist be roasonap q
Il doi,bt, and III mist arise from, q candid u
$Fand Impartial Investigation. Of al the ev.
Il thn case aa ln ne o, 4 s ter
a :posed In Tie graVer transact lons OF lllei
Il Is tvnt,ld cause d reasonable and prudent
a man 10 hesitate and pause, 1t Is insufn.
Il Client to authorize d: verdict Of not guilty.
gs1f, after considering ali the evidences you
& M, !, saw that yot have an abiding cpt1vic-
d ton Of the truth OF the charge you are
{. satisfied beyond a reasonable doubt.
GREAT Rt1s1O ms tB1I1T1i (.
i Afte1'greadinEs instructions tho court fnr-
ther said y HI III 5lfSS "a 1t "A $s.s 81 81
4 Nov, gentlemen OF the Jury, ] have rcnd
to you tho Instruct Ions q THO court, hic
4 embody the law, Of tlls case, and which
i arc to serve for YOU MS q chart to guido
you IN passing upon tho evidcnco.4ttl lave
\ something else to say before tho nrEtl-
| mont in this case. Yours Is the grentest
Responsibility that cnn ever dcvove on
tho citizens OF a 2frce Commonwealth and
limits performance you lave In the prop
or discharge OF duty, TO consider tho
| rights Of the stnto on Tho ono slide and
/ sthcorights and liberty Of ono Of her cit
lie ms on the other. You are Responsible
I to conscience and thoasolcinn ouths YOU
took upon yourselves whom syou sworo to
1 well and truly try the Issue between
l%tho Commonwealth and the prisoner at
| tho BAR appeal &to YOU to keep ever
| before you In YOUR deliberations that SOL
einrl and lous oath, n K Il 4 ~
! / have cnjolned upon you since YOU were
| first accepted as Jurors to hold no con-
vcrsntion with anyone concerning this
case, and to nlloWfn ono to converse with
| YOU concerning .8El have also cautioned
you against considering In any way any
statements or Suggestions contained IN
! TIL. newspapers concerning 1t. ! again
most earnestly Gull your attention to
these inJnnctlons. III your determination
OF the issues here you arc strictly con-
| fined to the evidence rs delivered before.
| you In open court by the witnesses and
TO tho exhibits flledYand to the law as
contained in the Instructions
| The fearless discharge of duty Is the
richest heritage OF a free people. Its SUI
premest test Is the faira and impartial adj
lninistratlon OF Justice. En- l!5g
TILE CHARGES AGAINST JURORS.
Before proceeding further with this
case there iss "a matter connected with It
which desire to have determined. But
desire to state In 80 doing do not
intend toslrefl cct5mpon any Juror In this
case, for / know OF nothing in their CON
lJduct to call forth any criticism Of them
They were selected in the manner pro-
vided by law, being drawn by the clerk
of this courtroom the regular jury box,
their name being therein deposited
months ago by the Judge OF this court.
who Is detained by sickness and is pre-
vented from sitting In this case They
were drawn inathe presence OF the Com
monwenlth's Attorney and myself. Be-
fore their.acceptancel as trial Jurors they
were subjected to most careful and
rigid cxa mlnation3 on their vol dire by
me, and both the Commonw ealth's Attor-t
ney and the counsel for tho prisoner had
the right and were Invited to question
them fur Their, and for cause to impeachl
any or al OF the panel, but notwithstand-
ing the manner In which the jury have
been selected and cmpaneled there have
appeared statements In the press az
coming from tho Commonwealths Attor-2
ncy that certain Of the Jurors. whose
names are unknown or not given. or
personally. interes ted In the discharge OF
| tho prisoner. Section 4026 OF the Code
provides y andbin any criminal case the
| court may discharge the Jury when II
| happens that they cannot agree IN a Yer
| dict. or that there Is q manifest ncccs-3
| sity for such discharge" My construc-
| ton of this statute is that at any time
before the verdict In this case, u " can
/
| evidence, ~ that any Juror on this panel
| Is Improperly or personally Interested IN
| either the discharge or. conviction OF me
| prisoner then manifest necessity exists
! for the discharge OF this jury IN Il tne:
meaning Of the statute. and II shall. nn-
tcsitntinely discharge the jury II the cvi-
dencc can Be produced, and II sotno plea
| OF former jeopardy will bar the subse-
ouent prosecution of the prisoner Us
was said by Mr.. Justice Gray IN g simmons m
VS.. United States, l4e Z. 81. page las:s
,"rherc can be no condition of things III
which the necessity for this power is
more manifest IN order to prevent the. de-
feat Of the ends ofEpublic justice thnn
when { Is made to appear to the court
that ether by rea son OF facts cx isE
when the Jurors were sworn put nov
then disclosed ior%known to the court or
~ rea son OF outside influences brought
70 heargon the Jury pending the trial, the
Jurors or any 6fsthem or subject 70 sucn
bias or prejudice as not to stand Impair
tial between tho government and tho no
accused. = sat gil III
"a recent decision OF tho Court OF
Oueen's Bench, made t'pon fnll review
Of the English authorities and affirmed
In tho E;xchequcr Chamber. Is to the
same effect. Windsor VS.. Reg. l.. M
O.. II. $50 1870.
II such evidence exists ! aes yrs, }, PFC.
duced. IT Is due oathe jury Us quo TO
tho proper and orderly administration OF
Justice that is should be done
The Day Givenito Argument,
Contrary to expectat tons. there was no
testimony introduced Ii yesterday. The
defense decided to 4 dispense With the
evidence OF City Engineer Cutshaw. who
was to have gone ONT tho stand for the
purpose OF contradictlnG Gasser. By
previous arrangement commemorative
Attorney Richardson orened he arsu-
ment.
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