The Richmond Virginian. (Richmond, Va.) 1910-1920, 1919-06-27
DIR. WILKINS CASE
IN HANDS OF JURY
Judge Manning Tells Jury to Consider
Well All Phases of the Evidence.

Mineola y r. June 2s-''well.
hope it won't be hung jury. any
way" said DR. Walter Keen wilkins.
TO an attendant tonight. as he stood
Ivy win9ow IN ehe lawyers ante~
room of the county court. awaiting
his fate at the hands Of the jury, which
was still celebrating.
The aged defendants uncertainty as
to his fate did not prevent him from
eating hearty dinner and he APP
rcared altogether cheerful as he chat
ted with his guards.
The flowers and shrubbery in the
well-kept court yard absorbed a good
deal Of the accused physicians atten-
ton. He spoke of their beauty and
said he wondered IL the trees and flow
ers at his Long Beach home were as
web cared for now
II was a Long Beach that his wife
was murdered on the night of Feb
ruary 81.
DR. wilkins. who had perked up no.
ticeahly during the strong appeal for
his life made to the jury by his coun-
sci. Charles n. Wysong today, was in
no apparent need for the heart stimu-
| LIANT he was reported to have been
taking during the closing days OF his
trial when District Attorney Charles
K, Weeks was addressing the jury.
! AS the district attorney sought to
tear apart the fabric of the defense s
testimony, shred by shred. accusing
the aged physician with having done
| his wife to death cold bloodedly and
premeditatedly, DR.. wilkins jaw sag
ged and ne slumped somewhat in his
seat.
Supreme Court Justice David ~
Mdnnings charge to the jurors, an alb
| solutely impartial discussion Of the
essentials OF the evidence appeared
to renew the defendants spirit some
what. And when the judges charge
was completed late in the day and the
jury had been instructed to deliberate
awhile. then have dinner and return to
it's deliberations Dr. Wilkins, while
nervous, appeared hopeful
Judge Manning intimated that only
the most extreme state of disagree
ment would prompt him to discharge
the jury, when he warned the jurors
not to be discouraged by conflicting
testimony. He said in part:
Because witness does not always
state facts does not mean that moth
! ing the witness said should be be-
lieved. Memory Is not always faith
full and as one grows older it seems
weaker. You can accept all. part. or
none and II you find that any witness
deliberately testified falsely you may
throw out his whole testimony. But
use that power carefully. Use the
common sense that God gave you.
The prosecution must show that it
has forged every, link from the lowest
to the highest by circumstantial evil
dence connecting this defendant. and
HIM alone. with this crime before you
should find him guilty
THE prosecution is not obliged to
prove a motive. though motive Ia an
important element and must be con-
sidered by the jury. when he took
the stand he put himself In the posi-
ton OF any other witness.
Flight Is not evidence OF guilt He
admits he did fly and offers an expla-
ration that must be considered. You
must decide what degree OF credence
to give 1t"
The court said one OF FIVE verdicts
must be found;
Acquittal. murder in the frst or sec
ond degree. or granddaughter in the
first or second degree.
The prisoners hope, as is always the
case in capital cases, rose as the hours
passed with the jury still celebrating
Every additional hour gave him prom
ise that at least some of the jurors be-
lieved in his Innocence Of the first
degree murder which the defendants
counsel had held up as the only pos
S BILE alternative of acquittal and COM
plete vindication