The Richmond Virginian. (Richmond, Va.) 1910-1920, 1913-12-13
JURY IN WALKER
TRIAL DISMISSED;
GET CASE MONDAY
Argument on Instructions. Be-
gun Yesterday Expected to
be Completed by Counsel
This Afternoon.
Meaning Of Conspiracy Battle
ground of Opposing A.tor-
ncys. Postmaster Southwark
Testihes Letters Mailed Mr..
Walker.

with all the testimony in the case
heard by the fury in the Walker
Radcliffe alienation suit yesterday af-
ternoon the jury was dismissed until
Monday morning at i o'clock. when
IL will assemble TO hear the presen-
tation OF the case by counsel and the
instructions OF the court.
In the meantime counsel on both
sides will continue TO argue before
Judge Crump the instructions TO the
jury The case viii probably go to
the jury Monday afternoon.
Last witnesses heard were two type
writer experts, Paul Culpepper. of
Park street, and =. i. Day, who were
Introduced by the plaintiff in effort
to show the letter sent Walker ny
Mrs walker from Pittseurg was
written on the typewriter of John l.
Radcliffe. in Richmond.
Also In effort 20 show the letter was
sent Mrs Walker by special delivery
from Richmond to be returned 10
Walker, the plaintiff presented As
slstarft Postmaster ". r. Southwark.
who testified the records at the Rich
mord postofflce show that two special
delivery letters were sent TO Mrs.
Walker on June t4th.
Mrs Walker was recalled to the
stand for "a few minutes Yesterday
morning to correct Il misstatenent
made In her TESTIMONY Thursday.
Fight On instructions.
Immediately after court reconvenea
for the afternoon SESSION at :. ~ I'VE
gan the legal battle on the instruc-
lions 10 the jury Attorney Wenden-
burg. for plaintiff. taking up tentative
Instructions prepared by Attorney
Meredith. for the defense. and read
Ing them section by section. made
objection 10 many. To few or them
he agreed
This argument. which In almost en-
tsrely of technical nature. Ia not
being heard by the Jurors, who were
given recess until Monday. While the
short afternoon session was entirely
taken M with this argument. prac-
.fcaiiy all OF today will be consumed
hy the argument of counsel before the
sudre. When court opens Monday
morning the sum ming up before the
fury will he begun.
This will take up probably six
hours. each side having agreed to
limit itself In this summing up 10
three hours. This argument may be
opened by r. Gray Haddcn. and closed
by MT wcndenhurg. for plaintiff. ana
r Mcdonald Wexford aud Mr. Mere
case OF the Ratcliffes,
Alleges Inconsistencies.
The chief points being argued in
thu instructions before Judge Crump
are the definitions Of conspiracy. OF III
will and of malice. The defense In
the instructions. drawn by Mr.. Mere
dith. holds. among other things. that
no conspiracy has been proven. that
all five OF the defendants must he
shown to have conspired TO break OFT
matrimonial relations OF Walker, and
his bride. that 1t must be shown there
was malice.
In reading these instructions Mr..
wendenhurg objected to many OF the
points raised, citing other conspiracy
and alienation cases, He analysed the
Instructions, one by one. and declared
there were many Inconsistencies pre-
ranted in them. When court ad-
tourned Mr.. Wendenberg WAS still ar
ruing on the points taken M. Today
when counsel appears before Judge
crump be will continue. When he
has Concluded the defense's counsel
will take up draft Of instructions.
prepared by the defense.
Corrects q Statement.
When court opened yesterday morn
ing Mr.. Meredith had Mrs Walker
recalled that she might correct
statement made by her while on the
stand Thursday. relative 10 visit to
PittsburE by her mother. Mrs. Walk
err had said her mother and her
brother. John, visited her In Pittsburg
before Walker went there to see her.
In correcting the statement she said
she was not sure whether II was be-
fore or after Walkers visit.
Mrs Walker was followed on the
stand by Assistant Postmaster South
ward. whose testimony was. in way.
contradictory to that Of Mrs. Walk
err. Thursday. when she said she had
moi received special delivery letters
from Richmond on June 18th or 18th,
Continued on second page)