The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-02-02
INSTRUCTIONS IN.
E|SHBU|.R|N| |: | !: ] N | CAsIE { Isl |
lfJury Believe Disint'er1 !
eSted witnesses #AC-
'C,Cused Will Hang.
TRIAL WILL !. LAS 4
UNTIL FRID:' ! DA'Y y
Attorney for y Defense Declares e
Lefew's Friends Were Retspoc'rr,,I-8I pc'r,I.
sible for His Dying State "a, II.
ment- Second Speech
in Progress When
Court Adjourned. sS5
4. q II d y \
\ . /. I. 4 "A r,h \, I. in,as. q pisrRtctl.1 ]

i! isbeoial 20 Tho Times -Dispatch.)
RoAN oKB, Feb a .T-A fter work
Ing half OF tho night ana all the morn
Ing over the Instructions in{ tho Flsh-
hIrno Il case, Judge a Aiken and counsel
reached an gree nent bout ! 20
and at noon arriv at tho courtroom
which was packed with pie: the u
structions as read BY tha fjudg sc are ~ saaa
81 VOL posted lawyers to- pc the M most
yolumlnous Instructions ever giyetnstoe, 1e I, 2
Jury Ia Virginia case. = hey gre rea!ly
nearly oil the 70 OIL oosfl siues
slightly amend ed. s w (,
51Tndar Y no ms tructons prominent law
yers who have read them say that Fish a
3hnrne y can either boz hang ed or made g
FREQ mar; II all depends W hether y; t tho !
S1,iry viii believe his story, or i nat or enc tne
dead physician and Mrs. Mo yle
Dr. ew, s d. dylng 81 aten1ent and N rs.
MOWERS a testimony agree that no 81 ght
occurred and instruction u 'i3 ne
court nstructs egjury 7 bat ~ T ne ' law
of self f-defcnse IS 10 law OF recesst ana l
that unless he st ike at once ms own t'
5lse viii be taken, a could not be ta ken as
4 All. cfence h further,at the Jury must
max allowanc GO Tor the relat tionship q
tho witnesses to the prisoner "a and Y Z: the
5deceased. i3 3g III Bg3
5a.35 Objec ctionabl ble: 5$
Tho following ID ono to " hich$ the &C. do-
tense had accepted, a nd CD mig M NJ 9! se
i5nnraN his 4 cauittal :S"I the jury believe;
n,Sthe evidence that DR., j. faW; struck
the prisoner, el ther wi TIL his list Or
Sthe back of $hs hand In an ger Or an M
Ia,llt and that an altercnti lon &or scuffloi
sensiied. In {SW hich Or. few said, with VIZ
an oath ors cpl thet ,sss.t Kill YOU
4 vi %nccor,ipa III tta clara tipng nn
act 81 otionl & y, \ \
under Il bio chen rlE tnat 1 ms
was In imminent Rda1 or e ,s.
able apprehension that he wa Il I'M a
minent danger of great sbodily
the said Dr.. Lei lew. and 8un erS sue rea--
tsonnble apprehension 4 OF 4, imminent dan-
ger the n prisoner 4 . rev [. his 6 knife and
stabbed Dr. Lef few,i3 cy sh ould find the
not gull
5tiThsro are xteen separate Instructions
FORT t.o IF os ecut ion Many he inst RUGS
tionssf* are OF the usual form req uirod by
law. ti s
f. The seventh instruction . says thatIsa g
mortal wound given wi tn q deadly bWeasp5 p
on IN tieS previous posse ION II q 5s l the
slayer wit out sll,oi. Very slt ght5 pro-
vocation prnlas 81 Willful, ellp,
era
throws upon III tho accused the necessity
Of proving extsnunting Grcunnsta ces.
The ei ghth &inatruction may be regard
cd as 8 d damaging to- tho prisoner s case
1t is ii, regard to the time OF thought re-
uulred ITO constitute deliberate 4 murder,
and II Is only necessary that such sinten-
ton should come Into cxis tonce for I ne
first time at the tlino OF the Ing. s5s
ss Tho above instructions are belieYed to
be very damag gng to tho defense.
For the Defense. .s
3 Twelve instructions for tho defense
we're admitted The first was to the $ef-
fect that if & the jury should \ bel licvo hc-
cused gulty5u of murder and Sl1nve o. rca-
sonables doubt Of the dogree. they 8 hould
find for murder in the second e decree
5!,rhls was followed on down In the varl-
Gus degrees OF murder to- the grade Of
involuntary, nansaughter q N S3#5
Another instruction was 7 tllat Il the
[ jury believes that DR.. LefewS nlade q vlo-
lent assault on tho prisoner, which did
mot threaten his life or serious HARM
and that the assault deprived tho prs-
oner Of tho power OF. eelf-control, II
should find a verdict for voluntary man
slaughter. }. ss 4 ,i q $ VI
VI Instruction four says that IL the state
ment made by the prisoner that Ito went
to Lefew' 8 u to apologize and that he was
struck az he was golnG out Of tho gato,5
Continued on Fifth Pago.)