The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-02-02

where fraud and colluslon are alleged
and properly proven. showing tho sub
contract not to be bona tide and real.
but n mere device used to enable Il |
or councilman to be-
come a contractor with the city and
thus circumvent the prohibition con- {
tained III the statute.
BURKE JURY ASKS
Time To CONs|DER|
CONTINUED from First Page.)
in which justice was exalted. and there
was no word of prejudice or abuse. To
the jury was then given the option of
retiring for the night, or of stopping
for supper and rendering verdict.
After a brief consultation the jurors
elected to take time for consideration
and were turned oyer to tile marshal
to be held until tomorrow morning,
wien it is expected that the verdict
will be ready.
What this verdict will be is a matter
Of the merest speculation. the request
consultation being taken as no indi-
cation that it Is hopelessly divided.
Though the law and the evidence will
apparently abundantly justify n verdict
OF guilty, the Federal decision tdeclar-
ling that In insanity cases the jury
Unjust acquit If there Is "a reasonable
doubt of the sanity Of the accused
may cause the jury In the United States
court. especially in view of the pa
thctic circums tances surrounding the
case, to find Il verdict for the defen-
dant.
Point Ovcrrnlc,l.
! 1t was not until some little time after
noon that Judge Waddill assembled the
bench and opened court. After stating
that he regretted the unavoidable de-
lay in opening the case, due to the
|prcparationE of the instructions to the
jury, the Judge announced that lie had
Iconsidere carefully the point raised
by MIR. Hanson as to the status of a
Hotter '.ntended to- be conveyed by
mail,'s and had concluded to overrule
1.-The motion to dismiss In making this
announcement the judge quoted the
scott case. already cited. and also the
| cases of Hall VS.. the United states. in
Volume lGS. United States Reports, a
precedent not cited by either of the
| attorneys Mr. Hanson noted an eX-
ccption to the ruling of the court.
~ ~
\ Han case mace II ilceesS'trs o,'s WAY
/ the letter should be deposited III an
4 ordinary receptacle used for the, pur-
pose of receiving mail. to be sufficient
4 evidence Of the intention that 1T was
| to be conveyed by mail The judge
INSTRUCTED tile jury along the line of
5ttEis ruling, holding that the fact that
i the letter in question had been depos-
lifted n rany post-ofticc or any other au-
4 thorized depositary for mail matter,
49,, w.: ,,,anro ,ndar He Inv that the
1 same was inteildea 70 DC co'',,s =" -,
lsmal. ana also that me rae. va Va = tl'e
Hotter in question was decoy letter
i did not affect this case, and constl-
y,aia;,, tl,on .a,d hi. further
auo - No ;u,.,. The nancr
!us.r X, Mi; si,,as ana Nv n
MMs Ius' ,,,asant ,snminentlw fair nnC
lorneNs p.pse.,, "a thn,,.' y, Tive g, ~,
,us. ~ tl's :, ON thn enormit,
lime ~ nr,ns "a ta
ot ,, VIZ 4, ;,nmrtinI lust ice without re-
ivy ", swnna,hv or nreiudcs.
G rho first six instructions are TIL
: usual legal directions to the Jury, an
5 recite the uncontroverted history
i 1.-THE theft Of the letter. The burden Q
piained and the instructions continue:
/, The court charges YOU that the terri
: 'insanity..' as used in this charge, mean
= ton of The mental and moral facultie
a as TO render the accused at the tim
h az the commission of the offense, In
e capable Of distinguishing between RICH
] az tba nnInra nf fhc act he was CON
y mjttinC M IL conscious Of II and a bl