The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-07-06
FATE OF ACCUSED
IN HANDS OF JURY
Verdict in Vondermiller Case
Probably Will Be Decided
To-Day.
FINAL SCENES DRAMATIC
Visit to Scene OF Tragedy-Dc-
PENDANT Apparently Worn
Out by Strain.


fate at o'clock tomorrow morning
AT that hour the jury will return a
verdict unless 1t is hopeiessly divided
On Tie question at issue. 1t was lock-
ed up at 4 o'clock tonight by Judge
Thornton after having spent two hours
in an effort to reach an agreement
The final scenes at Alexandria coun-
ty courthouse were dramatic. In the
morning the jury visited the Syfax
Station, where Vondcrmiller killed his
brother-in-iaw. John Reeves. one
month ago and 1t was nearly noon be-
fore the court resumed its sitting
Discussion of the courts charge to
the jury occupied the next hour and
half.
The jury at syfax Station inquired
particularly regarding the place where
John Reeyes's PROSTATE body was ly-
ing after the shooting, and regarding
facts OF blood along the railroad track,
brought to their attention by the evil
dence, and as to the possibility of an
unobstructed view OF the station and
tracks from the porch OF the Wonder
miller home.
To this evidence. put before the
jury at the scene of the killing. the
defense objected on the reassenbling
In the courtroom. To avoid an ex-
ception the court ruled out the evil
dence given there By Darlington
attorney. and Robert Syphax. a negro,
who was also a witness on the stand
earlier in the course of the trial.
Courts Charge TO Jury.
one hour and half was then con-
stunned in a discussion OF the courts
charge to the jury. The objections of
the defense were few. and especially
referred to the law regarding the legal
obligations OF the defense to prove it's
theory OF insanity. where It was the
JUS tifcation of crime. 7 he court mod
lied the instructions in this regard
The instructions were read TO the fury
at 1880 o'clock
The instructions consisted entirely
OF formal setting forth of the legal
obligations OF the jury to find YER
dict in accordance with the facts and
laws OF evidence. Many of the in
structions We're based on the theory
that the defendant is normally sane
man. The right OF the accused to be
considered innocent until proved guilty
was stated The possibility OF YER
diet of acquittal on the grounds OF
insanity were defined. The instruc-
lions did not favor either the State or
defense.
Commemorative Attorney Mackey.
in his opening argument, promised to
be brief. He defined the definition of
the legal iustifica ton of self-defense
for murder. He warned the Jury TO
be sure to satisfy its conscience IL 1t
proposed TO set the prisoner free.
Convicted by His Own Statement.
Vondermiller's own account of the
killing, Mr.. Meckey declared, made
against him a conclusive case OF muir
der IN the first degree The act OF
pulling gun on Reeves, even If Reeves
did threaten to throw a stone. makes
the killing. under the law, said the
prosecutor, wilful and deliberate
murder. There is no justifable plea
of necessity in this instance, declared
Mr. Ntackey.
Vondermiller's threats to kill Reeves.
said the Commemorative attorney,
show that the defendant deliberately
planned the death of his brother-in-
law the night before the tragedy. and
carried out this design in the morning
The evidence, as applicable 10 the
States theory of deliberate murder,
was reviewed in the States argument.
The defense has endeavored 10 JUS
tify the killing as the act of a weak
mind: man bullied by his victim into
an act of self-defense; insanity as the
result OF the threats and domination
OF the man he slew on mind predis-
posed by heredity to mental disease
the defense has also ATTEMPTED to 90
tablish
The State charges the deed to the in
nuence OF drink. 1t scouts the theories
of self-defense and insanity, and de-
clares that the killing was cold blood
ed murder, deliberately planned over
hlght. Vondermiller lying in wait in
ambush for his victim and shooting
him down when his back was turned.
Gives Way Under Strain.
Vondermiller Is apparently worn out
win the strain of the protracted term
of his trial and the continued repetI-
ton In court OF his deeds. He is not
phlegmatic.
During the first two days of his trial
his alertness was manifest From wit
ness to questioning lawyer to jury his
ever restless eyes roved. Saturday.
however. the strain began to tell upon
him. He drowsed.
Sometimes he held his head in hand.
sometimes he leaned his head back up
on the rail which divides the bar from
the rest OF the courtroom, eyes closed,
and evidently in utter exhaustion OF
body and mind. Awakened, his face
took on an expression OF deep Woe as
though aroused only to remember his
peril, but again relapsing into SUM
Der. He and his wife sit side by side
within the bar, she with sader face |
than his. talking seldom. She fans him
constantly.
In all his waking moments his jaws |
are going. chewing tobacco as n girl |
chcws gum, with incessant motion.
Courteous Judge Thornton.
Judge Thornton is OF the pattern of
Virginia gentlemen. His unfailing
courtesy is impressive. a witness was
late at court. The court imposed |
fine. with an apology to the culprit:
doubled the fine, deprecating the ne
cessity; set the fine back Al the first
fgure. with an expression of further
regret, and RENTED II finally. de-
claring his qualification at being en-
abled to do so. Every ruling on OBJ
3ections is made with an apology to !
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