The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-08-03
At Least That Was the Opinion
Of Attorneys in the
Case. s4
ARE GIVEN ALL NlGHT TO
Think II" OVER CALM ~
Judge Witt Adjourned Court
Until 10 q Clock This NJ or1l-
ing, When Another Report IL
Will be Given situa- ~
tion Not Altogether
Hopeless (.

tlOll& &1SOL 8allOS Slllc &5Ssg
Hopele N \
So far 1t Is hung Jury In he James &
tGoode case. TWAS Understood about the
court room late IN the evening that very
probably ten of the Jurors we're for hang.
Ing and two for acquittal. The forenan's5
hopef manner IN stating the situation
to the court has led some to believe that A
d verdict will he rend dered. 81 he foreman
was willing to make an.not m ther report ats9ls
10 clock but as ever on g was Il ''S
tired. Judge Witt decided q to hold them
together longer. s;ai
3S Argument was concluded i at Il q 8 clock
last evening and s5s the ii jury retired. .as
Forty minutes later the twelve men filed
back to say that they could not gree.
Judge Witt ad journed d court n until 10
% clock this morning y
The trial was resumed - yesterda lay at 10 |,
"a. M. After brief test tinlony. court took 3
recess to hear the instructions argued d
AT noon the Instructions were givensSt 4
the jury. if
$Commonwe cal tn S X ttorney K Ri Richardson
spoke foratwo III ours sat the $nornin ng sess5
slons and at the d ternoo session ~ essrs.
Conway Rand SAlexander sHS Sa nds spoke
for the prisoner: they were n followed 4
by Mr.. r Richardson In a brief rel ply
At. the opening OF the morning session 4
Mr. John T. yler,. ri, a civil engi neer, told i
about the slope In the ground inGrear&of
the house, and said he had made measure
3ments from the 8windoW as to- the lowest
and highest points a pistol-shot mi ght$3
have reached had IL been fired from the
window by a man six feet tall The shis ll-g
est point would be S4.6 and the lowest
feet. Mr.. yler thought It possibl but
hardly probable III that such q shot as 4
Captain shinberger was killed by could i
have been fired from eight feet of unless,
the man shooting held his pistol In an
unnatural position He further testified
that the bullet-hole inathe church must
have beer, fired from the yard or from the
house. g NJ e s
rs on cross examination Mr.. Richard son
asked III the shot could have been tired sss
from the door leadn to the back room m
and hit the back gate and was answered
that it could not The Common wealth his I
attorney also asked wha wa $ the nearest
place to the window such shot could have
been fired, and witness replied X From the y
stove Witness gave 1t as his opinion
that the ball which struck the @inspe ctorSS r'S
grlcochetted ito the window Of the church;
s5 Here6tho defense rested It's ca S.
AS to Gibson's Charac ter.
81 Mr. James NJ Boyd was called to tiiss
stand, a and asked to testify as to- the
Fcharactcrl Of Sergeant Gihson. " itness
SAID he had known Gibson for g long
time, and knew him to be an fonorab ble
man; would take his word, with Or with
out OATH on any4su bJect, tSi
!, MrsyVillam NJ. Till said he had known !;
Sergeant Gibson for forty years, and had !
never heard an intimatlon or insinu Ion 4
against him. ID s.3i 81
{ Mr. II. selden ylor has known Ser
gennt Gibson we'll for thirty years. and
3hlsireputation was as good as an - mans \
In the community. Witness would trust 81
him anywhere, HI III 555a
Mr. s. SP.s Smith, a guard at the pens
Itentiary, testified that he had known
Gocde there: that Goode had had ono {
or two fights while there, in which he I
5used weapons and was punished three i +
or four times HI S8 3a33
The case was closed after the cross-
examination of this witness, and the
instructions were argued. The jury WAS
given a recess untilla O'Clock.
"A witness, Mr.. Tlgnor, who had been
sent for, but had Just come, was allowed
to he nut on the stand. Hes said ne
thought 1t very possible that the bullet
might have passed through aptain3 Y Shin
berger and rlcochetted to the churcl
hut, did not think it could have been 4
fired by a person on the ground at at a@
distance of eight feet. Fl IL " ssif
The Instructions were general In char
gacter and dealt to some extent in defi-{s 4
n!tions, such as those OF malice, OF rea-s
sa,iable doubt and OF murder II tho [
first degree. s
Strong Argument.
Mr.. Richardson spoke OF the sa it's faction
he had had In seeing the jury SO inter-
ested In the case He emphasized the
fact that the killing Of q police oftieer I
attempting to discharge his duty was a.
moro heinous crime than Killing 3'naerss
certain other circumstances might be.
Mr. Richardson paid hlsh CONF ents ~
to Captain Shinberger- Il
n AS to the Instructions, he said StneyS
might all be boiled down 20 one th'ng,7.
that liz they believed james Goode XIII
John II. shinlArser, they must find @hini
sguiltY:5and he went eon to say hal s''a 4
reasonable doubt" did mt mean "a mere
5chimerlcal iouht. bur must be- one for
which they could give a, rea aspIi s
,rhe Commonwealth attorney said ne
would dispense with the prellminaries 9
the case. because they had been proved
aud would come down TO tho real aues-
ton: .Did the prisoner fire the fats.
shot?" He added that circl,n,st tantial III
EVIDENCE was as strong as any other \
kind ot. evidence; that evidence was nos \