The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-08-01

with the exception of the first day Peo
ple had drifted lii 81 two an dthrees IRON
ali sections until every seat was takei
and many were standing.
The gentlemen of the jury, who wer
all In their seats, were asked to retr1
shortly after the judge came in. Counse
FOR all sides and Judge Sims then re
tired themselves for fina, look at thu
instructions argued the day before, bu
not decided upon until yesterday morn
Ing In about half an hour court re
convened, The jury returned, and the IN
structions, as finally agreed upon, wer'
read to them. These instructions arc a:
follows:
law presumes that the defendant attend
ed properly to the duties OF his Office
and the burden of proof to show the CON
trary by preponderance of the evidence
10 ON the Passenger and Power Company.
The discretion which the law imposes
In the sheriff of calling for troops When
the county authorities are unqble to pre-
Berve the peace is a responsible and dell
cate one, and should be exercised with
great caution. and in making UP his MIND
on. this point he had the right 10 con
suit, and. in part rely on the knowledsS &c
K and advice OF competent people and IN
deciding whether he so far violated his
duty with respect to calling for troops
as to have been guilty OF gross negiect
of official duty, the jury should con-
slider the condition OF affairs in the coun-
ty, the location Of the lines and properly
of the complainant In sad county Win
Richmond. and also the condition of al
fairs within the city. as they appeared to
him. or as they should have appeared bv
the exercise Of proper diligence before
fbe ebpotinp occurred on the night of the
Path Of June
Unless the jury believe from the evil
dence that the sheriff acted with gross
negligence. as defined below. in falling
to call for troops until the oath day OF
June, they should find in his favor on
this point.
Meaning OF Malfeasance.
The jury are further instructed that
by the word "nalfeasance" Is meant the
doing of an act which Is positively un.
lawful or wrongful-the performance OF
some act which the respondent had no
right to do; and that by the word mis-
feasance' Is meant the wrongful and IN IN
furious exercise Of lawful authority-the
performance of an act, which might law
fully be done, but IS done IN an n, I'm,
receives an injury; the word "incom,
in its common meaning and general &C.
CeptatlOn. FROM tnlS II VIII pe scth t'.'S
the issue before the jury is reduced , to
the single charge against the deienuan.
OF gross neglect Of official duty, as no
evidence has been introduced tending 10
The jury are further instructed that
the words gross neglect of official duty
are relative terms. W here the oific.al
duty Is comparatively unimportanl, IT II
order to convict an officer Of gross
neglect" But if the occasion Is one OF
serious moment. as, for instance. RIOT,
tumult or resistance to law which may
cause breaches of the peace, involv ne
damage to human life or serious bodliy
harm, or injury to property amounting
to felony. then failure or omission
Of the Officer to que or suPpreI aw or
to use all means given by law 10 dls-
cover or restrain the same, which a rea-
sonable and prudent man would use IN IN.
der like circumstances to protect ms
own life or himself from serious bodily
espectively. would be considered in law
as gross neglect Of duty
The court further instructs the jury
that:
The duty imposed by law on the sheriff
Of county. when there Is ROY, .u .tnant
danger thereof in his county, which is
or should be known to the sheriff. Is TO
preserve, by every means available Tor
that purpose ana Which VIC ~" 6''S
him, the peace unbroken
The moment he has reasonable appre-
henson of q breach of the peace, riot or
other resistance to law. he IS entitled
and is, in fact bound to intervene. ana
may arrest on view all persons breaking
or attempting to break the peace. ana
# he does not do So and is is n gI Gor
so, he should be found guilty OF gross
neglect Of official duty.
Restrain Rioters.
He must, ny his personal exertions, as
we'll as by such force as he can COM
ling breaches of the peace. and, II neces-
sary. pursue, arrest and take them. Inc
foregoing are obligations arising from
the nature OF the office.
The question which you are to deter
mine In this case Is whether the defendnn
sheriff has done those things which the
general rules of law require OF sheri1ts
whether he has kept the peace and re-
strained any rioters there may have beer
which he could have restrained by sucf
means as he had as we'll as by his OWL
personal exertion, and whether. If he die
not, he could and should have RESTRAINED
such rioters and kept such peace with tn
civil force and means at hand. and !
they were not sufficient by calling on thu
has not been kept or such rioters re
strained or IL injury has eAsued to tn
complainant by such failure Of the sheriff
to do his duty in any one Of these re-
spects. because of his negligence as aboy
defined. you should find the defendant
Simon Solomon. guilty.
10.
You are further instructed that tn
complainant, the street car company, Ia
lawful right to run Its cars over tn
streets and roads of the county of Her
rico. In operating its cars. 1t was entitle
TO the full protection of the laws of TIL
Commonwealth. and 1t was the duty {
the sheriff of said county and those undo
his authority to see that this protectio
was given This was due not only to III
complainant and Its property and tn
lives of It's employees, but also to tn
public (mep, women and children). usin
the same and who might be deferred G
prevented from using this means OF rapi
transit by threats, intimidation or unlaw
full attacks upon said cars. To see tina
lito and limb were not endangered. bot