The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-08-11


rot believe that they personally placed
The spikes on the tracks.
V. The jury are instructed that a riot is
tumultuous meeting, OF three or more
persons who actually do an unlawful act
with violence or even n lawful act in
violent and tumultuous manner which
is calculated to excite public terror.
VI. II the jury believe from the evidence
that there was plot with the man New
man that certain Sutes should be put on
the tracks of the company at certain
time and place; that the company In FUR
therance of the designs put all OF the
passengers off of the car and through its
motorman and conductor carried the car
to the point of said obstruction-the said
obstruction being known to the conduc-
tor and rotor1na1l-even though the pan
was to entrap eM-doers, they cannot
convict the defendants of the CRIME
charged in this Indictment which is ma
hciously placing an obstruction on the
track by which life is actually in peril
Asked for Acqui,tal.
Judge Richardson now arose and adj
dressed the jury briefly. He said he had
always endeavored to be frank and honest
with juries and he proposed to preserve
this linbroken rule now.
He would not ask a jury to pass upon
an issue involving the life or liberty of
citizens upon a half told tale The jury |
save that of Hanks and Newman. who
could not be gotten. though every effort |
had been made 10 apprehend them.
The commemorative Attorney briefly |,
reviewed the instructions. and said again |
that he desired to be frank with the jury
md that he must say that under the evil
dence adduced and the law as laid down
In the instructions by His Honor, the
case Of the Commonwealth had not beeh
made out. He therefore, asked the jury
to find the prisoners not guilty.
Made Frank Speech.
Judge Richardson's frank speech in full
IS appended here:
Perhaps you do not know the i to,,r
but it is a fact, that for three or four
hours on Saturday We were here , alstnrs
he laid down and clearly defined These ,sie
Instructions are to guide us al! ~ ., '' lbs
matter. have always endeaVored 70 nc
frank and honest with the jury. nav ave
never, since occupying this posit,9;h, i nid
shall ever while occurring H. r W,rni'" mv
knowledge which would turn llght upon ,
the case under investigation 90 not
regard 1t as my duty to ask any jury, to
erty Of citizen upon a half-told tale.
In other words, want all the facts TO
intelligently and consclentiously decide
the issues presented to them between
the Commonwealth. and; the defendant;
the evidence in this case which will turn /
light upon this prosecution with the en-
ception OF the, testimony of Hanks and
Newman, WREN We .haSe. endeavored to ,
get, hut whom we have not found up to
the present time. 4
May Set Trap
If man has suspicion that a crime is !
about to be committed, there is nothing
t tap FOR or his 9Ia Mt0hf two or more
persons consprc to induce another, or !
others, to commit crime, or take an q
only morally wrong, but legally a crime. +
You have heard all the evidence in this
case and some Of these questions do not c
necessarily arise under the instruction
Of the court. !
The court tells you. first, that you can
not convict under this indictment of ,
The court tells you, further that you
this Indictment to wit; The obstruction
YOU find that it was maliclously done,
and, second. that the life of some person
was by that act Of obstruction imperilcd.
1 had never seen the Instructions which
nave Just been read until they We're
handed to me Just now. ] did not know
w what the instructions of the court would
with you. gentlemen of the jury; and
while IT Is your province to decide this
case, upon you rests the responsibility,
ADVICE OF mine or expression on my part,
sun deem 1t the honest part to say
n ihe fe erdans and sincerity that under
lay as laid down by His Honor Judge
witt, this case has not been made out.
ana you should acauit the accused.
NoIle Prosecuted.
Clerk Christian wrote out the verdict
ana 1t was signed by the foreman, the
jury not leaving the box Ii was slmnle i
and read asfollows: 1--WE. the Jury ind
the prisonersuD0t guilty" There was no :
semblance OF demonstration, but 1t was !
likely prevented by the positive order of
the court The verdict was rendered at T
ll:2o o'clock. Immediately after Judge $
richardson's brief speech, and a few mo- 8
ments later The jury was thanked by His
Honor and dfsschareed for the term q
Judge Richardson asked that a nolIc | I
prosequi be entered In the felony cases
as to the obstruction Of the tracks. and +
this was promptly acquiesced In by 0
the court. and the order was entered ac- ]
cordinsly. Upon the charges Of throwing
rocks and shooting at cars all the pri- i
soners were bailed for their appearance i
az the September term Of the court
Lammey's and Jordan's bonds were re- {
newed, the bail being reduced from $1,000 t
to 500 each. and the Kane boys We're
bailed in the sum of 500 each, they hav-
ing been in jail from the time of their
arrest up the present.
Just before court adjourned Judge Rich.
ardson received information that repeated
efforts had been made through the police
10 communicate with Newman and
Hanks, who are supposed to he in New :
YORK city. but that 50 far they had not
been reached [
The verdict of tho jury and the instruc. q
tons OF the court in the cases of Lam
ney, Jordan and the Kanes met with de- !
cided popular approval, and the result
reached was anticipated by most Of those
who had followed the cases and heard s
the evidence.
SkUI ELI ODED ATIOhI