Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-07-05
IN HANDS OF Jury
Fate of Louis vondermilIer
Soon to Be Decided.
MURDER TRIAL ABOUT OVER
Arguments of Counsel and Courts
Charge Today.
VISIT TO SCENE OF TRAGEDY
Defendant Apparently Worn Out by
the Strain-His Wife With
Him In Court.

IS. L. i NORTON, presiding over the county
court of Alexandria county. was occu
pied with arguments OF attorneys. The
early morning was consumed in visit
by the jury, the prisoner, the court and
counsel to Syfax station. the scene of
the tragedy of June 3 1t was nearly
IL o'clock before the session was re-
sumed in the courtroom.
The jury at Syfax station inquired par
ticularly regarding the place where John
Reeves PROSTATE body was lying after
the shooting. and regarding facts of blood
along the railroad track, brought TO their
attention by the evidence and as to the
possibility of an unobstructed view o. the
station and tracks from the porch OF the
Vondermiller home.
To this evidence. put before the jury
at the scene of the killing. the defense
objected on the reassembling in the court
room. To avoid an exception the court
ruled out the evidence given there by
Darlington Mackey, a son of the com
monwealths 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 a half was then consumed
the jury. The objections OF the defense
law regarding the legal obligations of the
defense TO prove its theory OF insanity,
where it was the justification of crime.
The court modified the instructions in
this regard. The instructions were read
to the jury at 80 o'clock.
The instructions consisted entirely of
formal setting forth Of the legal oblisa-
tions of the jury to find verdict in ac-
cordance with the facts and laws of evil
dence. Many of the Instructions we're
based on the theory that the defendant
Is normally sane man. The right of
the accused to be considered innocent I'M
til proved guilty was stated. The posi-
bility of verdict of acquittal on the
grounds of insanity were defined. The
instructions did not favor either the state
or defense.
Commonwealth's Attorney Mackey. in
ms opening argument. promised to he
brief He defined the definition of the
legal justification of self-defense for
murder. He warned the jury to be sure
to satisfy Its conscience if 1t PROPOSED
to set the prisoner free.
Convicted by His Own Statement.
vonderniller's own account of the
killing. Mr.. Mackey declared, made
against him a conclusive case of murder
In the first degree. The act Of pulling
a gun on Reeves. even If Reeves did
threaten to throw a stone, makes the
killing under the law, said the prose-
cutor. a willful and deliberate murder.
There is no justfiable plea of neces-
sity in this instance, declared Mr..
Mackey.
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 morn
ing
The evidence, as applicable to the
states theory of deliberate murder,
was reviewed in the states argument
The defense has endeavored to justify
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 predisposed by he
redity to mental disease, the defense has
also attempted to establish.
The state charges the deed to the in
fiuence of drink. 1t scouts the theories
of self-defense and insanity, and declares
that the killing was cold-blooded murder
deliberately planned over night, Wonder
miller 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
with the strain Of the protracted term of
his trial and the continual repetition 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. how
ever, the strain began to tell upon him.
He drowsed.
Sometimes he held his head in hand.
sometimes he leaned his head back upon
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 relapsins into slumber. He and his
wife sit side by side within the bar, she
with sadder face than his, talking seldom.
She fans him constantly.
In all his waking moments his jaws are
going. chewing tobacco as a girl chews
gum. with incessant motion.
Courteous Judge Thornton.
Judge Thornton is of the pattern of
Virginia gentlemen. His unfailing cour-
tesy is impressive. A witness was late
at court. The court imposed fine. with
an apology to the culprit; doubled the
fine. deprecating the necessity: set the
fine back at the first figure. with an ex-
preston OF further regret, and RENTED
it finally. declaring his qualification at
being enabled to do SO. Every ruling on
objections is made with an apology TO
the counsel whose opinion he opposes
Considerable of the comfort OF the Jury.
he advised them that they might find
relief from the heat if they removed
their coats, and allowed twelve shirt
sleeve men sit I'm the box.
Testimony All In.
State and defense closed their presen-
tation OF testimony late yesterday aft
ernoon. The state did not put on the
stand an expert to controvert the testi-
mony Of DIR. Charles l.. Emmons, who
testified for the defense. The defense
had refused to allow the alienists en-
ployed by the state to examine the
prisoner.
In the rebuttal testimony offered by
witnesses for the state an effort was
made by Commemorative Attorney
Mackey to give the defendant, Wonder
miller. q reputation as an habitual
drunKard. Other witnesses, associates
OF John Reeves, In the bureau of en-
tomology. where Reeves was employed,
testified regarding the habits of Reeves
A. c. Holman of Washington hus-
band OF a half sister of John Reeves.
was asked by Mr.. Moncure. for the de-
tense, IL he had not declared during
the progress of the present trial, that