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

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,arefully prepared address to the jul
,nly on the questionof theinnocence or
guilt of the accused, and are reminded
That it is not their province TO be con-
rolled BY mere ,,considerations OF
S1cy 9r6o ao Snao sr knSy he1ly
stances which have been daily detailed
showing the wretched conditions
& Intoxicating drink on tile part of
he defendant. The exercise of mercy
IS vested in the executive. but this ALL,
thority Is not intrusted to Jury. FL
lal1y the Judge said:
hat this is an important case. alike
ID the government and to The accused,
md calls for your best Judgment and
most careful consIderatio,n; You should H,itl
every detail, and discharge the dell.
cate duties imposed upon you. meet
the same In an absolutely fair, uns
biased and impartial manner; deciding
the case alone upon the evidence sub
mitted for your consideration. and the
fair and reasonable inferences to be
drawn thcrefrom; luninfluenced and un-
by any feeling. prejudice or
notion that you or either of YOU may
have, If any. of or concerning the case,
or in the positions taken by the gov
eminent, or the defense interposed by
and on the part of the accused
You have alone to discharge your
duty, and may assume that the en-
ccutivc as well as the court, will like
wise discharge theirs. In this way,
alone can the law be administered in
Its integrity. Take the case. and mete
out to the United States and to the
accused, even-handed Justice.
Tile Argument.
Assistant District Attorney Robert
III. Tallcy opened the argument with Il
speech of about ain hours length, in
which he reviewed the story of the
alleged crime as shown by the evf-s
dence. He discussed the insanity plea.
declaring tina. the testimony Of many
of the witnesses was sufficient to show
only that on some mornings Burke
friends. MIR. Talley also attacked the
testimony of several barkeepers whose
evidence was in conflict with the rec
ords of the time clock at Station
Allison Hodges, the expert introduced
by the defense, with that OF Dr. De-
IJarnette in an effort to show that
While the former is a recognized au-
thQrity on nervous diseases. he does
not treat insanity while the latter is
in daily contact with large mum
Der OF insane persons OF all classes.
Mr.. Talley closed With asstrong ar
eument for the majesty .of the law.
asking how long il would take this
country with a policy of releasing ac-
knowledged criminals on sympathetic
pleas. and consequent disrespcct of law
and Justice. to reach "a state of anarchy
and destruction.
Appeal For Family.
Mr.. John a. Lamb opened the case OF
the defense with an appeal to the emo
tons, in which the jury and spectators
We're visihly affected The scene was
pathetic in the extreme. as Mr.. Lam .
told OF the long years of unQuestlone51
The circumstances of the marriage o.
his daughter and the illness of ms
favorite son were detailed to the Weep
ing accompaniment Of the other chill
dren.
Burke's drinking habits, folloWine
hard on these two family atilictions
and connected with a distressing per.
sonal ailment which gave nm cohs! !i..'
pain. lead u, to the series OF pecull;al
actions noticed by the various VII.
had stated that they believed him II.
Irresponsible, il not positively crazy.
/, The failure Of his efforts to scure tn
iposition or manager of the t-lks loass
was followed closely by the events I'm
mediatcly preceding the arrest, MI
Lamb closed with an appeal to the Jury
| for mercy to the stricken family, stat
ling that In the hereafter no member 9
the jury Would ne wing " s NV a
strict ana illspar.lhl iusa'o II u,n, 81,
| mercy, not Justice, and that as the;
Judged here, SO should they be ,udgeo
! The Legal Points.
Mr.. &. a. Hanson presented an abb,
arp,,,nent of Tie legal clements in
twn1ved He said tina tho i,,rvr,en al,
not need to strain their consciences /,
4 en-, ~ verdint az acnnltIai nor nee,
a.nc = verIict he h n sad an santimanta
,romnas -. tho cvidencn had cieari,
81 own o aceor'linr TO the contention 8
:. n = dsfensc thai tbe govern ment Ia,
rn ,u ~ nc e,tahlisr tbe s,ritm ~ -,
,risnnar - h.vond . ren sonahIl, douht
Thnn NJ Tanson cansdarsd Ia IN
sani i.n Ma, mnder No tern,a ~ ~
augus l ! ,n sloWans me g..
~ !. M potns.,rai uuss..u.'
nnIt,eu - 'Ie W. eApnas Mi,heSise'
!. Pr. Lodges been submi t,, to Pr .De
lJarneIte, instear OF INC diHerenti