The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1905-07-08
AFTERNOON SESSION.
Instructions Are Argued Before
Judge Clopton-Verdict Tonight

Judge Clopton-Verdict Tonight
The afternoon session opened at $3.50
o'clock. The Jury was called, ana Judge
Clopton announced that he was engag ed
With counscl in preparing the instruc-
tons. and that heawould not have the
Instructions ready "a until the morning.
s He therefore allowed the Jury to With
draw until 10 o'clock this morning.
AS the sergeant was about to adjourn
me court Mt li Page moved to be allowed
to Introduce two more witnesses-Dr. m
sram and one other. Mr.. Smith and
Mr.. Wells objected; saying that Mr.. page
had already closed hts case.
..1udge Clopton declined to grant Mr.
Pages request. s.. y II
a Court was then 'adjourned, and the
court withdrew to the Jud ge's' office with
counsel to prepare Instructions for the
jurya HI ~ u. f,.5 ~ 80 j q = = - 7
fDefense's Instructions.
. ~ defense q offered the, following in
structions to Judge cloppton. who w,,,
pass upon them. Those. he, declines ~
give VIII go upon the record Ias rround
1or a rehea ring OF the case In the event
o.. ~ ne 2 prisoner being found guilty by
presumei cevet instets the ju!y the law
be- innoeent until her suiit IL estabIfshea e 70
we ;Sohmonwealtht beyond a reasonahie Souht
the accused through the entIre case Win
pres ns every stage thereof and II, after hay
ne accused upon the Whole case or a. t - oI
her e., essential TO- prove the charge made against
me prisoner the benefit OF the doubt ana And
her not guilty. a. - 49, anu my NJ
TIL The court further instructs the Jury that
f Sah me trial Of this case, IL reasonahie
oouot q any fact necessary TO eat ati;sh othe
o. accused as charged In the Indictment
such doubt is decisive ana the trv ,,,,a
cult the accused since verdict Of hot euilv,
ns sans no 70. more nor than that he suit Of the
spec1 Fly and narrow form prescribed BY law.
~ =: Il the jury believe from, the evidence be-.
killed tho deceased without any legal ercune
o. Justlication. stu II the jury further he
lssd from the Evidence that the
the defendant struck the blow or blows I'm In
question II was not her intention to take the
then o. y sne Snt only to ehasse
higher grade Of ofense than ma nslaughter.
baaso c3 our. nstr rue The Jury that II they
the cchastisement was inflicted Tor The purpose
o. correction. and not for the purpose Of de-
S stIFoyins the odi HE % the deceased doing
OF which would be his death. then they cannot
convict her OF murder. S.
the accused In chastlsIns the deceased for a
easonable cause struck him one or more blows
%h eao9n 19t IL without
G ssay t but sass
the prisoners intention, then the prisoner is
guilty OF involuntary manslauEhter
In Itself s Il the FS
from lso the evidence beyond a reasonable doubt
that y the manner Of inflicting the blows was
deceased and the deceased ded 81 i such beat
sss Il Tie 4 sn b..ya
evidence that the deceased died from the effects
or results OF chastisement administered BY the
accused. then they are Instructed that whether
they believe the correction was inflicted with
ant instrument for ne
is granddaughter only. $3.50 re
T. The court instructs the Jury that man
without malice. express Or Implied, and may
be either voluntarily upon a sudden heat, or
,,n n., in rhe commission OF some I'M
J, Manslaushter arises from the sudden heat of
ne pass!ona murder Ylcksdnesa q
criterion which distinguished murder from
T6is presainptlen, q msllce NAY. be repell.a
deliberate Judgment ala previous mailxa, Wi q
alone. when deabth ensues from sudden trans ans
port Of passion or heat OF blood IL upon i rea.
sonable provocation and Without malice: Tar
ter, az "a III NJ 7T1i'i y ~ 5
Involuntary, msnslaughter eonaists In the
to do 80 In the commission Of an unlawful
act. or lawful act which probably might
produce such consequence IN an unlawful
manner Tfal
s. The court instructs the Jury that, UPON
the trial Of criminal case by 9 Jury, the law
In the conclusion Of guilt before a conviction
can be had. Each individual Juror Tust be
sati.aed beyond q reasonable doubt o. the
oath consent to a verdict OF guilty.
4 Dacl, Juror should feel the responsibility
heating upon him him aa o member ot the Jury
and should realize that his own mind ID must must
defendants guilt before he can consent to a
verdict OF guilty. Therefore, II any individual
member OF tho jury. after having duly con-
sdered all OF the evidence In, this case. and
after consultation With his fellow Jurors,
should entertain such reasonable doubt 81 the
defendants guilt as is set forth In certain
Instructions in this case. It Is his duty not
to surrender his own convictions simply he
cause the balance OF the fury entertain dir
ferent conyictions. l
Tho court instructs the fury that upon the
trial OF q criminal case by o fury the law
contemplntes a concurrence OF, Twelve minds