The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-08-11
PRISONERS BAILED
TO APPEAR LATER
Will Answer at September Term Upon
Charge Of Throwing and Shooting
at Cars-Great Crowd in Court Il.
Room, and Verdict Seemed
to Meet Popular Ap-
proval = Notes.

guilty" was the verdict rendered in the
Fulton riot cases yesterday morning at
l1:A o'clock before a court room full to
overfowing with anxious spectators, the
jury not leaving their seats
1t was just fifteen minutes before that
Judge Witt had assembled the bench and
issued an order statonlng policemen in
various portions Of the room with drastic
instructions to preserve absolute order.
His Honor then in most deliberate
and impressive manner read the instruc-
tions TO the jury. which were so clear-cut
and plain that even laymen knew what
the verdict must be.
The opening instruction OF but two lines
put the riot question aside, and placed it
beyond the province of the jury to con-
vict the prisoners oftthat crime under the
Indictment. 1t was simply: They cannot
ccnYict the defendants under this indict-E
mentor the crime OF riot"
Upon the felony charge to-wit: the OBJ
structlon of the tracks OF the company,
the court held that In order TO a con-
.vction, 1t must have been shown from the
evidence that it was maliciously done,
and that the life of some person was by
the act OF obstruction imperilled.
AS soon as His Honor had finished read
Ing the paper upon which he had spent
so much time and study, Judge Richard
son arose and on behalf of the Common
wealth asked for verdict Of acqulttal on
the charge of riot. and that nolle pros
eQu be entered In the felony case.
Verdict Quickly Signed.
In moment Clerk Christian wrote the
verdict, and 1t was signed by the foreman.
The jury was then discharged for the
term, after the members had been
thanked by His Honor for the patience
and promptness they hadssdIsplayed in
handling the case. Y Messrs.s .Wendenburg
and Talley, who have conducted the case
for the accused. sat by the prisoners. but
took no part In the proceedings. Later
Lammey and Jordan were baied In the
sum of $500 each and the Kane brothers
$3.50 for their appearance at the Septem-
ber term of the court to answer to the
charge of throwing and shooting at cars
The entire proceedings yesterday con-
sumed but twenty minutes. and 1t was ev1-
dent that all parties were glad the time
was over at last. The verdict and the In
structions of the court seemed to meet
With general approval as those who had
followed the case expected that the result
would be as 1t was.
Pending the September term OF the court
every effort will be made to apprehend
Newman and Hanks, the two detectives
present nothing is known OF their where
Gbouts.
When the accused had given their bonds
the court was adjourned until II o'clock
to-day.
Court Opened Promptly
Judge Witt ascended the bench prompt
ly at II o'clock and the Jury took their
seats in the box.
His Honor stationed policemen about
among tho vast throng. under sweeping
orders to preserve absolute decorum III
the courtroom. and he declared that any
violation of the order would be promptly
and severely punished.
Judge Witt now read the Instructions
to the jury, which he had prepared WITH
tho utmost care, and they were deNvereo
in a most Impressive manner and amid
absolute silence
The Instructions.
The instructions of the court to the jury
We're as follows; EI
I. They cannot convict the defendants
under this indictment for the crime OF
riot.
II. If the jury believe from the evidence
that the defendants maliciousy opstruct-
ed the tracks of the Richmond Passenger
and Power Company by placing iron
snikes upon the said tracks, and that by
the placng OF the said spikes the life OF
any nerson was endangered. then they
may find the defendants guilty, but the
Jury are instructed that the peril to the
life OF such persons must be caused by
the said malicious distractions alone. and
not from the throwing of rocks or firing
pistols
IN. The court instructs the Jury that
the malicious placing OF spikes upon tho
rails Of the Richmond Passenger and
Power Company's tracks Is not alone suf-
ficent to constitute the crime charged
in this Indictment, but In addition to this
it must be proved beyond all reasonable
doubt that thereby the lives OF those on
the car were put in peril, andff you have
n reasonable doubt in your minds based
upon the evidence that the lives of those
on the car in question were not put In
peril by the placing OF said spikes on said
rails then you cannot convict under thA
Indictment.
Equally Guilty.
~. The Jury are Instructed that whilst
thew may not convict these defendants
OF a riot under this inuictment. yet IL
they find from the evidence that th.Te
was a riot In that portion OF Richmond
known as Fulton. and that the defendants
. oaA Ia, xatA