Newspaper Page Text
LEAD ONCE MODE
St. Louis Beats Cleveland Badly,
and Pute It in Second
QIANTS LOSE TO TAIL-ENDERS
New York Americans Win Two
Games From Washington.
Chicago 4, Detroit 1.
fit, Louie 12, Cleveland 8. >
Philadelphia 2, Boston 1.
Now York 3, Washington 0.
New York 6, Washington 1.
Where They Play To-d*y.
Boston at Philadelphia (two tomes).
New York at Washington (two game*).
Chicago at D?truit.
Cleveland at St. Louis.
Standing of the Clubs.
Club? Won Lo?t ?
Chlcaso .41 2.1 .Ml
Cleveland ...40 24 .?26
PhU/i<l<!lphla.40 25 .610
Detroit .32 31 .48?
Club* Won Lost ?
Bouton .? ? .467
New York ...28 34 -4SI
St. LOU??....24 42 .3*4
Waehlrnjton.M 43 .St
Chicago, 4; Detroit, x.
DETROIT. MICH., July 7.?Chicago
won without hatting to-dny. Donovan hit
one and passed two of those scored, while
an error let In th? other one.
Score: R? H. B.
Detroit .0 0 0 1 0 0 0 0 0-1 S 1
Chicago .1(10002010-4 3 0
Batteries: Donovan and Doran; White
and flulllvan. Timo, 1:30. Umpire, Sheri?
dan. Attendance, 1,600.
St. Louis, 12; Cleveland, 3.
st. louis. July 7.-st. Louie found
Hess with an oft day and batted out an
easy victory. .
Score: B? H. ?.
St. Louis .6 1,1 11 10 2X-12 15 2
Cleveland .....'...000002001?3 8 8
Batteries: Howell and Sugden: Hess,
Buelow and Clarke. Time, 2.03. Umpire,
Connolly. Attendance, 1.S50.
Philadelphia, 2; Boston, 1.
PHILADELPHIA, July 7.-Phlladelphla
defeated Boston to-day In a hotly con?
tested ten-lnnlng game.
Scoro: ?. ?. E.
Boston .1000 000000?1 10 0
Philadelphia .0 0 0 0 0 0 0 10 1-2 7 1
Batterle?: Young and Crlger; Waddell,
Bender and ScrecK. Time, 2 hours. Um?
pires, McCarthy and O'Loughnn. At?
New York, 3, 5 ; Washington, ?, 1
WASHINGTON. D. C. July 7.-New
York won both games from the Nationals
to-day by superior work at the bat and
on the Mold.
Score: R H. ?.
Washington .0 0 0 0 0 0 0 0 0-0 3 2
New York .0 0 3 0 0 0 0 O 0-3 4 0
Batteries: Townsend and Hoyden; Orth.
Klelnow nnd McGulre. Umpires, Kelly
and Connor. Time, 1:25.
Score: R. H. E.
Washington .0 0 10 0 0 0 0 0-1 4 3
New York .1 0 0 0 0 1 0 3 0-5 11 3
Batteries: Hughes and Kittrldge; Pow?
ell and McOulre. Time, 1:40. Umpires,
Kelly and Connor. Attendance, 3,7?.
Brooklyn 6, New York 2.
Philadelphia 7. Boston 5.
St. Louis 3. Cincinnati 4.
Chicago-Pittsburg (wet grounds).
Where They Play To-day.
Brooklyn at New York.
Pittsburg at Chicago.
St. Louis at Cincinnati.
Philadelphia at Boston.
Standing of the Clubs.
Clubs Won Lost
New York ...62 21 .712
Pittsburg ...45 27 .625
Philadelphia.42 2* .?00
Chicago .42 30 .5??
Club? Won tort ?
Cincinnati ..37 34 .621
St. Louis....36 46 .361
Brooklyn ...22 ? .361
Boston .21 60 .296
Brooklyn, 6; New York, a.
NEW YORK, July 7.-Bunchlng their
hits in the eighth Inning, Brooklyn de?
feated New York to-day.
Score: R. ?. E.
New York .0 0 2 0 0 0 0 0 0-2 10 4
Brooklyn.000000 0 6 0-45 7 3
Batteries: Taylor and Bowerman;
Sttlcklett and Ritter. Time. 1:40. Um?
pire, Johnstone. Attendance, 3,100.
Philadelphia, 7; Boston, 5.
BOSTON. July 7.-Phllad5lphla won
again to-day from the locals by a more
compact bunching of hits.
Philadelphia .0 10 3 2 0 0 0 1-7 9 j
B"slon .020000120-d 9 3
Batteries: Suthoff. Plttlnger and Dooln;
Fra-.er. aarley and Moran. Time, l:??.
Umpire, Klein. Attendance, 1,530.
St. Louis, 9; Cincinnati, 4.
CINCINNATI. July 7.-St. Louie found
Chech easy and two of tlve three hits
made off Hahn were three-baggers.
Scoro: R. H. E.
Cincinnati .10 0 0 0 2 0 10-4 8 2
St. Louis .10302011 1?9 11 4
Batteries: Chech, Hahn and Street;
McEarland apd Zearfoss. Time, 1:40.
Umpire, Bausewlne. Attendance, 1,500.
Southern League. '
At Nashville-Nashville, 4; Atlanta, 5.
At Montgomery?Montgomery, 3; Birm?
At Little Rock-Little Rock, 1; Mem?
South Atlantic League.
SAVANNAH, ??., July 7.-Sav?nnfth.
C; Augusta, 1.
COLUMBIA, July 7.-Columbla. 4;
At Jacksonville-Mason, no game, rain.
Has Excellent Drum Corps.
Richmond may well feel proud of the
recently organized Light Infantry Blues'
Drum Corps. By strenuous work Mr. R,
W. Slngrey, leader and organiser o? the
corps, has brought his men Into good
shape. Tho corps how numbers thirty.live
pieces, and Ib one of the best In the South.
Under the direction of Leader filngrey
the corps rehearses every Monday night,
This musical organization Is an entire In?
novation In the city, and possesses th?
best wishes of the community.
"A Dip in the Ocean"
Virginia Beach To-morrow.
Only $1.26 round trip on the popular
"TRILBY" Excursion to-morrow. Spe?
cial Fast Vestlbuled Train leaves Byrd
Street Station at 8;30 A. M. Through
to Virginia Beach without change ?f cars,
11.00 round trip to Norfolk aim Oceart
$1.00 round trip every Sunday, via C.
t O. TWO trains, 8:30 and U,il,
Artful, Ort Wells and Beldame
Will Be the Favor-,.
SYSONBY IS NOT CARDED
Much Disappointment Over Fail?
ure of Ke?rte's Fine Horse",
(By Associated Press.)
NEW YORlC, July 7.-Sysonby, the
great Koeno three-year-old,? hailed as the
champion of the year, Is not carded to
start to-morr?w In the Brighton, the
richest of all-aged handicaps run In the
The absence of the Melton Optimo colt
In this famous mile and a quarter Jrace
is a source ?f keen disappointment to the
army of race-goers, especially In view of
the fact that Artful, who, In two years
of racing has acknowledged defeat only
to a stable mate, and Ort Wells, are both
carded for the handicap, Beldame, whose
glory has been somewhat dimmed by her
recent defeat along with Delhi in the
Brighton mile, won by Ort Wells, Is aleo
named to go In the handicap to-morrow.
Altogether nine horses. appear in '? t??
ovor-hlght list of starters, but only the
three already referred to can be looked
upon OA of Brighton elate.
As among Artful. Ort Wells and Bel?
dame there is wide divergence of opinion
ne to relative merits and It will be diffi?
cult to foreeaet the publlo favorite until
the track, conditions to-morrow, which
promise to be excellent, are known.
Moniteur B?auc?lr?. St. Bellone, Dolly
Spanker, Ostrl?h, Ivan, the Terrible, and
Adbell have all run fairly good race?
from time to time, but to-night turf fol?
lowers are not regarding their chances
as bright. Beldame, Artful and Ort Wells
should divide the rich purse.
(By Associated Press.)
MEMPHIS. TENN., July 7.-Mont
gomery Park summaries:
First race?four and one-half furlongs
Blue Grass Lad (3 to 1) first. Bessie
Chaney (d to 2) second, Tomochlchl (6
to 1) third. Time, :671-4.
Second race-six furlongs?Allieta (9 to
2) first. Dargin (8 to i) second, Duelist
to 1) third, time, 1:15.
Third race?five iurlongs?Dr. Gardner
(1 to 2) first. Wee (16 to 6) second. Horse?
radish (? to 1) third. Time, 1:02.
Fourth race?mile and a quarter--Mr.
Jack G to 1) first, Mye Eleanor (3 to 1)
second, Monaco Maid (3 to 6) third. Time,
Fifth race?Celebration (9 to 5) first.
Echodale (2 to 1) second, Male Hanlon (11
to S) third. Tim*. 1:431-2.
Sixth race-one mlle-Cotllllon (even)
first, Inflammable (20 to 1) second, Fruit
(8 to 1) third. Time. 1:441-2.
Greensboro, 2 ; Charlotte, 1.
(Special to The Times-Dispatch.)
CHARLOTTE, N. C, July 7.?Greens?
boro defeated Charlotte In a pretty ten
inning gamo here this afternoon, by. a
score of 2 to 1. Charlotte scored in the
seventh inning and Greensboro made her
two scores in the ninth and tenth in?
nings. The winning team was given a
dinner at the Denny Cafe . ? to-night.
Score by Innings:
Charlotte .0 0 0 0 0 O 0 0 1?i 2
Greensboro .OO?OOOOOI-I 2
Batteries: Howard and R?ld: Chn.rters
and Ryan. Earned runs: Charlotte 1,
Greensboro 2; stolen bases, Kaln;. sacri?
fice hit, Holland; two base hit. Hadley;
three base hit, Morgan. Attendance 900.
Time ? hour?, umpire Bass. ' *
Danville, 5; Salisbury. 3.
SALISBURY. N. C, July 7.?Danville
won the second of a serie? of ball games
from Salisbury-Spencer here this after?
noon, th? score being 5 to ? ior the Vir?
ginians. Th? batteries for Danville were
West and Benny; for Salisbury-Spencer
Laval and Bently. , The teams ere well
matched, ana drew a large crowd, much
interest being manifested. West's pitch?
ing for Danville wss a distinct fenturo
of the game, nine men being struck out.
Cook for the locals also did excellent
work. Th* score by innings:
R. H. E.
Salisbury-Spencer ..1 2 0 0000 00
(By Associated Press.)
BI6LEJY CAMP. ENGLAND, July.7.
The \Veatmlnlster Volunteers won the Sir
Howard Vincent shield to-day, defeating
the team of the Seventh Regiment of
New York by, the narrow margin of ten
points after the closest competition ever
seen at Blslcy. The Englishmen won by
their superiority at long range. The score
was Westminister, 1,490; Americans, 1,480.
The Americans were given the heartleat
send off when the shooting was over.
They were escorted to train preceded by
(Continued from First Page.)
Mr, Chlldress again broke in eloquent?
ly: "Everybody knoWs you're a lady,
Mrs. Lum, *o don't you worry! I heard
a gentleman In the Southern boiler shops
say that you got a divorce all right."
Mrs. Lum then stated emphatically that
she hoped she would never see a New
York "person". again.
"I was a frithd to that woman, and
see what I got for It," said the lady,
with some feeling. ?
Mr. Cum then intimated that his thirst
for Mr. Smith's blood was.satiated, and
that he had once m?re become a man of
peace and quiet.
Sorry Lum Was Arrested.
Mr. H. M. Smith was seen at his resi?
dence at a .late hour last night. He
stated that he was extremely surprised
and sorry that Mr, Lum had been ar?
"I had th? moat positive evidence be?
fore 1 said a word," said Mr. Smith, and
the fact is, that Mr. Wells and I went
tf. call on th? Lum? to ask them about
the matter. Mr. Lum refused to talk
or to let his wife talk, and all he would
say was, 'YOU ask her the questions
when she la in the witness box.' The. ?
was nothing left for me t'o do but to
ask her the questions 'In tho box,' and
|t the lady suffered, she has Mr^ Lum
to blame ftnd not me. I told only the
absolute truth, and I had no par of the
conneciuences. it Is hardly neeejsary
for ma to say that 1 had not bins to do
' with jtfr< LunlVarrest, and that It wai
? a great surprise to me."
FOURTH RACE FOU
Favorite Beats. Merry Lark and
Gomora at Brighton
YANKEE CONSUL ALSO WINS
Rose of Dawn and Ada Russell
fBy Associated Press.) '
NEW YORK, July 7.-Ala Russell, Roao
of Dawn, Colonial Olrl and Yankee Con?
sul were the winning fuvorltes at Brigh?
ton Beach to-day, tho other two events
going to well-played seconds choices,
First race?mile and a sixteenth?Don
Royal (3 to 1) first, Black Prince (15 to 1)
second, Banker (15 lo 1) third. Time,
Second race?five and one-half furlongs
?Ala Russell (7 to 5) first, Consistent
(? to 1) second, St. Estphe (8 to 5) third.
Third race?six furlongs?Rose- o?
Dawn (1 to 4) Xlrst, Diamond Flush (5 to 1)
second, Gotowln (20 to 1) third. Tim?,
Fourth race?mile and a furlong?Co?
lonial Olrl (8 to 5) first, Merry Lark
(14 to 6) second, Oamara (7 to 1) third.
Time,, 1:53 3-5.
Fifth race?one mile and a sixteenth?
The Southerner (6 to 1) first, cham
plaln (10 to 1) second, Runnels (7 to 10)
third. Time, 1:46 '4-5.
Sixth race?six furlongs?Yankee Con?
sul (9 to 10) first, King's Daughter (7 to
6) second, Sydney F. (6 to 1) third.
Time, 1:13 1-6.
(By Associated Press.)
CINCINNATI, ?., , July ".-Latonla
First race?six furlongs?Blytheness (6
to 1) first,'Nominee (6 to 6) second, Fon
tesla (8 to 1) third. Time, 1:14.
Second race?five ftirlongs-Leta Duffy
(7 to 5) first, Zlenap (7 to 10) second,
LUI ta (7 to 1) third.' Time, .1:01.
Third race?mile and fifty yards
Western Dulie (3 to 1) first. HaiMland (13
to 5) second, Regale (16 to 5) third. Time,
Fourth race?Six furlongs?Felix Mozzes
(6 to 1) first. Fleuron (18 to 5) second,
May Ellen (15 to 1) third. Time. 1:14.
Fifth race?Short course steeplechase?
Foorland (3 to 2) first, Evander (7 to 5)
second, John, E. Owens (4 to 1) third.
Time. 3:04 3-<T...
8lxth race?five furlongs?Granada (5
to 1) first. Carthage (8 to 5) second,
Agnola (15 to 1) third. Time, 1:01 4-5.
(By Associated.. Prese.)
ST. LOUIS, July 7.?Dclmar sum?
First race?seven furlongs?T. J. Powell
(9 to 5) first,' Ethol Van (3 to 1) second,
Mary Maud (12 to 1) third. Time. 1:32. |
Seoond race?six furlongs?Tom Klley
(2 to 1) 'first.. Athena (3 to 1). second, Tom
Manklns (4 to 1) third. Time, 1:17 3-5.
Third race?five furlongs?Follow the
Flag (5 to 2) first, Dick Redd (3 to 1)
second, Sadie Martin (8 to 1) third.
Time, 1:05. '
Fourth race?five furlqngs?Auray (4
to 1) first.- Oerolette (3 to 2) second,
KIzlI (6 to 5) third. Time, 1:04.
Fifth race?seven furlongs?Mailbox (5
to 1) first. Atoga (10 to 1) second. San?
dalwood (2 to 1) third. Time, 1:30 3-5.
Sixth race?mile nnd 20 yards?Light
opera (3 to 2) first/Tony Lepplng (4 to 1)
second, Mammon (6 to 1) third. Time,
1:46 2-6. ?
IN MURDER TRIAL
(Continued from First Page.)
instructions, which only concluded late
in the afternoon. His Honor will consider
all of those offered by both the Com?
monwealth and th? defense, and -will give
those he considers proper to the jury
at 10 o'clock this morning.
Tactics of Both Sides.
There Is no doubt but that the prosecu?
tion will endeavor to- prove that Ralph
Smith came'to his death by premeditated
murder at the hands of his mother; and
that Mr. Page will also laugh at any de?
fense on the grounds of Insanity. He will
endeavor to satisfy the Jury that the boy
died from traumatic shock, which he will
claim is Instantaneous In Its effect, and
which follows Instantly from cause. He
will say that tho child died from the
effects of blows received from his mother
after he had been undressed for bed on
the fatal Wednesday night of April 26th.
The defense will not, It Is thought, un?
dertake- t? prove Insanity. They will rely
on' the statement of Shepherd K. Smith
that the child fell out of the back door
on the day of his death, and severely
Injured his head. They will quote tho
statements made by tho various experts,
wlio gave each a dlfferont reason for the
child's death; and they will undertake
to prove that the mother had a' legal
right to whip the ?"Bild, and that she had
only the welfare of the child In mind
when she did whip him.
The people of Manchester who have fol?
lowed tho case carefully are almost unan?
imous In thinking that manslaughter,
either voluntary or Involuntary, will be
the extent of the verdict, while a few
go so far ns to stato that the prisoner will
The question of death or Imprisonment
or freedom? Is now In the hands pf.'the
twelve men who have sat for ton dcif?
listening patiently to tho evidence as
brought out In the cas?. The jurors are
good men, simple and unassuming, overy
one.pf whom appears to realizo the re?
sponsibility before him.
To-night Estelle Townsend Smith will,
In all probability, learn her fate.
Few Witnesses Are Examined,
and Testimony is Completed.
Court opened at 10:10 o'clock, when
Judge Clopton took his seat upon the
bench. The prisoner entered looking weak
and very 111. She was accompanied by
her husband and Mrs. Ashbumer, who
held her up to keep her from falling.
Mrs.,. Towneond and Dr. Townsend ?c
eohipanled by Mr. Asliburner, entered di?
rectly after the prisoner, nnd took t hoir
accustomed places behind the bar.
T|io' record was read,, the Jury clllon,
and the day's proceedings began,
Mrs. Woolard was recalled by Mr. Page,
"Did you ever havo and conversation
with Mrs. Hlcke with reference to tho
had treatment of this child?"
(Mr, Smith objected to tho question on
tho ground? that ho foundation had been
made by Mr. Page lor breaking down
Mrs, Hick's testimony. Mr. 1'age con?
tended that ho had laid a foundation.
Judge Clopton asked the stenographer to
read tho record. Judga Clopton ruled out
Counsel for defonee then withdrew their
objection, so that time might be saved.
"Did she over tell you that she had. to
go upstairs and ehut her door to keep out
"Yes. I heard her say so several times."
Llnwood Turner was tho recalled and
Mr. Page asked; ,
"How often did you play with Ralph7"
"Nearly every day."
"His house or your houso?"
"His house sometimes and my house
He was then asked If he knew of
Ralph's Indulgence in any evil practices,
ile unswereii that he did not.
Mrs. Haynes was., then cnlied.
"Did you notice Mtr. Smith's manner
to Carroll on the night of Ralph's death?"
(Mr. Smith objected, and question was
"Was her manner to her bulldog af?
(Mr. Smith objected and question wns
Mr. Page stated thai he wished to con?
trast Mrs. Smlfh'B behavior to her dog
"Monk," with her behavior to Ralph,
her dead child. ;
Judge Clopton In answer, said that the
question should have been asked on direct
Recalls Other Witnesses.
Recess was then taken until Mr. Page
could call an absent witness.
After a delay of twenty minutes Mr.
i'age announced to, the court that he had
decided not to wait for his witness.
"I submit the case for the Common?
wealth," said Mr. Page.
Counsel for trio prisoner then recalled
Shepherd K. Smith.
"Tell why you washed the child early
on the morning that the little Woolard
girl spoke of?" '
"The child during the night had be?
come sq filthy that It was necessary
to wash him and I took him to the back
porch nnd -washed him; afterward.-* I
washed the porch off."
(This ended the evidence In the case.)
The Jury was then sent out of the court
room and counsel prepared to argue for
Instructions to tho Jury.
Mr. Page, for the Commonwealth, and
Messrs. H. M. Smith and E. H. Wells,
for the defense, appeared before Judge
Clopton In his office and both sides of?
Instructions Are Argued Before
Judge Clopton?Verdict To-night
The afternoon session opened at 3:30
o'clock. The Jury was called, and Judge
Clopton announced that he was engaged
with counsel in preparing the Instruc?
tions, and that he i would not have the
instructions ready""'until the morning.
He therefore allowed the Jury to with?
draw until 30 o'clock this morning. ^
As the sergeant wan about to adjourn
the court Mr. Page moved to be allowed
to introduco two more witnesses?Dr. In
gram and one' otljer. Mr. Smith and
Mr. Wells objected; saying that Mr. Page
had already closed hie case.
-, -.Judge Clopton declined to grant Mr.
.Page's request. ^ - ? <
... .Court was then 'adjourned, and the
court withdrew to' tho Judge's'offlce with
counsel to prepare instructions for the
Jury. ? ?- t ?- - t
The 'd?fense'offered the following in?
structions to ' Jufl'g?'?Joplon, who will'
pass upon them. ,,Those; tur. declines to
give will go upon the. record as ground
for a,rehearlng of the case In the event
of the prisoner ..being found guilty-by
the,.jury; ' ., . ... ... , , .
??. The.court' Instructs,the Jury-Uhat the law
presume? every person charged with crime to
be. Innocent until her'guilt it established by
tue Commonwealth beyond a reasonable doubt,
and the presumption- of?-Innocence goes-with
the accused through the entire case and ap?
plies at every etage thereof; and If, after hav?
ing heard all of the evidence In this case, the;
Jury have a reasonable doubt of the guilt of
the accused upon the whole case, or as to any
fact essential to prove the charge made against
her in me Indictment, it Is their duty to givo
the prisoner the benefit of. the doubt and find
her not guilty.
The court further Instructs the Jury that
.upon the trial of this'case. If a reasonable
doubt of any fact necessary to establish the
guilt of accused as charged In the Indictment
as raited by the evidence or lack o? evidence,
such doubt Is decisive and the Jury muet ac?
quit the accused since a verdict of "not guilty"
means no more than that the guilt of the
accused has not been established In the precise,
specific and narrow- form prescribed by law.
?. If the Jury believe from the evidence be?
yond a reasonable doubt that the defendant
killed tho deceased without any legal excuse
or Justification, still If the Jury further be?
lieve from the evidence that the Instrument
used was not a deadly" weapon, and that when
the defendant struck the blow or blow? In
question it was not her intention to. take the
life of the deceased, but only to chastise him,
then you cannot convict the accused of any
higher grade of offense than manslaughter.
The court . Instructs the Jury that If they
helleve^from-all the evidence in the case that
the chastisement was Inflicted for the purpose.
of correction, and not for the purpose of de?
stroying the life of the deceased. Or doing
him great bodily harm, the necessary result
of which -would be hie death, then they cannot
convict her of murder,
3. If the Jury believe from the evidence that
the accused In chastising the deceased for a
reasonable cause struck.him ohe or more blows
with a weapon not dangerous In Itself without
any Intention either to kill the deceased or
to do him any great bodily harm, but to chas?
tise him, and that the death of the deceased
was caused therey accidentally and apart from
the prisoner's intention, then the prisoner Is
guilty of Involuntary manslaughter.
If, however, though no weapon dangerous
In Itself was used; yet If the Jury are satisfied
from the evidence beyond a reasonable doubt
that the manner of Inflicting the blows was
oruel and unusual, end exceeded In number and
violence what was necessari' to chastise the
deceased, and the deceased died of such beat?
ing, then the accused Is guilty of voluotary
manslaughter. If the Jury believe from the
evidence that' the deceased died from the effects
or results of chastisement administered by tho
accused, then they are Instructed that whether
they believe the correction was Inflicted with
an Instrument Improper for the purpose, but
not deadly, or with a proper Instrument to an
Improper degree. In either event the killing
Is manslaughter only.
4. The court instructs the Jury that man?
slaughter Is tho unlawful 'killing of another
without malice, express or Implied, and may
be either voluntarily upon a sudden heat, or
Involuntarily In rho commission of sorao un?
Manslaughter arises from the sudden heat of
the passions, murder from the wickedness of
the heart. Malice aforethought Is the grand
criterion which distinguishes murder from
other killing. ?
This presumption of malico may be repelled
by the accused, where the act, thoug-h Inten?
tional of death, wns not tho result or a cool,
-deliberate Judgment arid previous malignity of
heart; but Is Imputable to human Infirmity
alone, when dearth ensues from sudden trans?
port of passion or heat of blood, If upon rea?
sonable provocation and without malice; for
on suoh proof the homlalde will be manslaugh?
Involuntary manslaughter consists in the
killing of a human being, without any Intent
to do so In the commission of an unlawful
act, or a lawful act which probably might
produce such a consequence-in an unlawful
6. The court Imlructs the Jury that, upon
the trial of a criminal case by a Jury, the law
contemplates the concurrence:?of twelve minds
In the conclusion of guilt before a. oonvlctlon
can he had. Bach Individual Juror must he
satisfied beyond a reasonable ? doubt of the
defendant's guilt before he can, under his
oath, consent to a verdict of guilty.
Bach Juror should feel the responsibility
besting upon him bini a? a member ?f the Jury
and should realize that hli own mind must
bo convinced beyond a reasonable doubt of the
defendant's guilt before he can consent to a
verdict of guilty- Therefore, If any individual
member of (ho Jury, after having duly con?
sidered all of the evidence In thla case, and
after consultation with his fellow Jurors,
should entertain ?not? reasonable doubt of the
defendant's guilt, a? is set forth In certain
Instruction* In this ca?e, It Issile duty not
to surrender his own conviction? simply be?
cause the balance of tho Jury ontertaln dif?
ferent convictions. .;.?:/
Tho court Instructs the Jury that upon the
trial of a criminal case by a Jury tho law
contemplali? ft concurrence .of twelve minds
In the conclusion of guilt before a conviction
can be had. Not only Is this true with the
1 fesseci to the guilt of the accused, but it 1? '
Ilkcwleo trun with respect (? ftie denr?e of the
erlme. Thercforn. alliioURh tho Jury may be?
lieve from the evidence that tho nccueed Is
guilty of Ihn killing of the'deceased, etili, If
any Individual ? member of the jury, after
having duly considered all of the evidence In
? ill* ease,'ami after a ponmiiuilon with hi?
fellow Juror*, should enlertnln a reasonable
doubt a? lo the degree of guilt ot the accused,
It I? hla duty not to surrender his own convic?
tions hs t? such decree of guilt ?imply t>e
cau?e th?. lislnnc? of the Jury entertain con
vlctinns'iwlth respect to iu'oH decree.
8. It Is the duty of the Jury to Rivo (ho
prisoner the henefll of every reasonable doubt
bn*ed Upon tho evldenee, nnd If the Jury bo?
llavo from tho evidence thru the deceased fell
out of the bnek doe-r on te the rocks on tho
rr.ornlnu of his death, and thereby received ?
wound on his head, or fell on the floor or
elsewhere durine ?aid day, and received a
wound, nnd If they further believe that It Is
Just ns probable ihnt the death of the de?
ceased was occasioned by said fall?, or either
or them, then you should Rive tho prisoner the
benent of auch doubt and acquit her. Every
unlawful homicide Is olther murder of men?
?IfuiRhter, and whether It be one or the other
depends alone upon whether the party who
perpetrateli that act did It with malice or not.
"''at. ??o word malice Is the touchstone by
which the grado of the offense must be deter?
And unless the Jury believe from nil tho
evidence beyond a reasonable doubt that the
accused was actuated or Impelled by malice
to inflict blows upon the deceased, nnd that
such blows killed the deceased, then they
rnnnol convict tho accused of murder In tho
7,.!?!V!. 00".rl '"?''?"fl" the Jury that the
credibility of witnesses la ? question exclu?
sively for the Jury, and the law Is that whero
A number of witnesses testify directly opposi?.??
to each other. tHo Jury Is not bound to regard
the weight of the evidence as equally balanced;
the Jury have the right to determine from
the appearance of the witnesses on the eland,
their manner of testifying and their apparent
candor and fairness, their apparent Intelligence
or lack of IntelllRence, and from all the other
surrounding circumstances appearing nt the
trial which witnesses are more worthy of
credit nnd to givo credit accordingly. If the
Jury believe from the evidence thnt at the
time when the fntal blow or b'"ws were alleged
to have been struck,' the defendant wan ?o far
affected In her mind nnd memory that she
was not able to distinguish right nnd wrong,
and had not knowledge nnd understanding of
the character and consequence of her net nnd
power of will to abstain from It, then she was
not a legally responsible being, and the Jury
should find her not guilty.
8. To constitute a wilful, deliberile ftnd pre?
meditated killing It Is neceseitry that the kill?
ing should have been done on purpose, nnd
not by accident wlthouli design: that the ac?
cused musf have reflected with a view to de?
termine whether she would kill or not, and
that she must have determined to kill as tho
result of thnt reflection, before ?he did the
act, that Is to nay, the killing must have been
a predetermined killing upon consideration; In
other words.? before the Jury can And the pris?
oner guilty of murder in the first degree, proof,
direct or Inferential, must he adduced that the
death of the deceased Child \va? the ultimate
result, whloh the concurring will, deliberation
and premeditados pf.'the prisoner sought.
It is also?"? rieeessarjf'constituent of murder
In the first degree, that the killing should have
been done with malice aforethought.
; And the court instructs the Jury that they
cannot convict the accused of murder In the
drat degree, unless the Commonwealth estab?
lishes beyond a reasonable doubt that the
manner of killing wns as above defined.
Dr. Andrew Sledd Elected Presi?
dent of the New Insti?
(By Associated Press.)
TALLAHASSEE, FLA., July 7.?At the
close of a session last night, which lasted
a considerable time after midnight, the
board appointed by the Governor to se?
lect a location for the State University,
decided in favor of Gainesville. To-day
Dr. Andrew Sledd was elected president
of tho University.
AUCTION SALES?This Day.
By H. A. McCurdy,
Reat Estate Broker.
TWO-STORY FRAME DWELLING,
9071-2 W. Leigh Street.
In execution of a deed of June 20, 1900,
and recorded D. B. 168 A, p. 204. in Rich?
mond Chancery Court, the undersigned
will offer for sale, upon the premises, on
SATURDAY, JULY 8, 1906, AT ? P. M.,
the realty conveyed and described as
fronting 17.6 on south line of Leigh Street,
west of Graham Street, and running back
to a paved alley. The dwelling contains
six rooms, water on each floor, and haa
culvert connection, etc.
TERMS?(By consent) one-third cash,
residue at ? ,12 and 18 months, the de?
ferred payments to bear Interest and se?
cured by trust deed;, or for all cash, at
option of purchaser.
? R. ?. M' CURDY, Trustee.
AUCTION SALES. Future Day
Wm. B. PIzslnl Co.,^
Real Estate Auctioneers,
Tenth and Bank Street?.
Peremptory Auction Sale
.7. For a Division.
AT TH? RB<JlJE8T.-OF THE HEIRS
rs. .'.""?'??. ., '"?Cff.; ,'''.
JAMES DUFFY, Deceased,
WE WILL SELL AT AUCTION,
FOR THE HIGH DOLLAR,
The Two-Story Detached
OF 0 ROOMS, ON THE SOUTHEAST
CORNER OF MARSHALL AND
No. 519 W. Marshall Street;
Also tho Two-Story Detached Frame
Dwelling, of five rooms, on Smith Street.
Immediately in rear of No. 611).
These properties are In a splendid rent?
ing neighborhood, and will always com?
mand flrat-clas? tenants.
Those desiring to Invest should not fall
to attend, as the properties will positive?
ly bo sold.
SALE ON WEDNESDAY,-JULY 12, 1906,
AT ft O'CLOCK P. M.
TERMS?One-third caeh, balance 1 and 2
years; or all cash.
y WM. -B. PJZZXNI CO?,
jy 7-5? Auctioneers.
REAL ESTATE?For Sale.
SOUTH FOURTH STREET
' Splendid Tenant.
EDWARD S. ROSE COMPANY.
? ?. Ilth Street,
REAL ? ESTATE?For RentT
J?OK RENT, "~ """"""""
No, 1024 W. Main St., ?or,M,r'
3-story. ??-room brick, Possession Sep?
tember 1st. Modem In every ivespect,
This property will be put In absolutely
McVEIGH & GLINN,
JUST OUT TO-PAY.
Call for one. Full and complete.
J, u. ULAN & CO., 1118 Alalo.
AUCTION SALES, Future Day?
Ry C.X. &' H. L. Denoon,
Real "Batate? AurHlorteers.
R?STEB'S SAti?7"? .'.'
In pursuance of nn order of the District
Court of. the United mates for the Eastern
District of Virginia, at Richmond, In the
matter of Joseph W. Starrltt. a
bankrupt, In bankruptcy, entered
on tho Dth day of July, 1306,
and by vlrtuo of a certain deed of
trust from said Joseph W. Starrltt and
wife to the undersigned Trustee, bearing
dato on the l?th day of February, liwa,
and recorded In the clerk's ofllco of Hr.n
rlco County Court In D. B. 100? B. page
65, l shall proceed to sell at public mic?
tion, on tho premises, on
Thursday, the 13th Day of
July, 1905, at 5 P. M.,
the following real estate, to-wlt:
All that certain lot or parcel of land,
with buildings nnd Improvements thereon,
and all rights nnd provlleges thereto be?
longing, lying and being in the county of
Hetirlco, Va...? In tho town of Rnrton
Heights, beginning at the northeast cor?
ner of Lamb Avenue and Poo Street;
thence extending northwardly along the
enst lino of Lamb Avenue nnd fronting
thereon 150 feet, nnd extending .hnck be?
tween parallel lines 118 feet to nn alley
In tho rear, being lots Nos. 1, 2 and 3, In
Hlock No. 0. In the plan of the town of
This Is recognized OR one of tho most
ATTRACTIVE HOMES In this growing
town, nnd la MODERN and UP-TO
DATE IN EVERY PARTICULAR. The
houso contnina about ten rooms, with
every convenience, such as PORCELAIN
BATH, STATIONERY WASHSTANO,
ELECTRIC L.IO-HTINO. ?FURNACE
There is al?o it lnrge and well built
slablo on tho promises.
TERM'S?Cash ns to expenses of execut?
ing this trust, nny taxes due, and to pay
the sum of $2,7.12.12: ? credit as to *3,000,
duo February 12. 1900, with Interest from
day of sale; balance.at one nnd two
yearB; or all cash, at option of purchaser.
C. L. DENOON. Trustee.
?. B.?The auctioneers will be authorized
to make more liberal terms on day or
sale. Jy 7-tds
^ OF THE
VALUABLE JAMEB RIVER FAR.M,
AND ALSO AS
SITUATED IN CHARLES CITY COUN?
TY. ON JAMES RIVER, ABOUT 26
MILES FROM RICHMOND, BEING
THE BIRTHPLACE OF WILLIAM
HENRY HARRISON, FORMER PRES?
IDENT OF THE UNITED STATES.
In^pursunnce of a decreo of the Circuit
Court of Charles City county, Va., entered
on the 15th day of June, 1906. In the suit
of Laurence La Forge, et ais., vs. Henry
E. Knox, Jr., et als., the undersigned, who
were thereby appointed Special Commis?
sioners for the purpose, will proceed to
sell, by public auction, to tho highest bid?
der, at Charles City Courtnouse, Va., on
WEDNESDAY., JULY 19TH, 1903,
at 12 o'clock M., the following real estate,
All that'certaln"'tract or parcel of land,
with the improvements thereon, consisting
of ?'brick'dwelling, barn, stable and cer?
tain outhouses, situated in the county of
Charles City, Va., upon the waters of
James River, containing fourteen hundred
acres (1,400), be the same, more or less,
known ns "Berkeley," and adjoining the
Westover, qstate. together with nil fishing
privileges and other rights, tenements and
appurtenances to said land, or any part
thoreof, appertaining and belonging, the
metes arid bounds of which said property
are fully given in the aforesaid decree of
the 16th day of June, 1906.
There are about 600 acres arable land,
highly productive, and about 800 acres In
timber, principally North Carolina pine,
which- can. be ?easily?marketed. The fish;
ery- yields . a., substantial revenue yearly.
The'James'Rlvfcr'steamers furnish direct
and convenient communication with Rich?
mond, Norfolk and all Northern markecs.
TERMS?No bid will be accepted by tho
Commissioners until the sum of two thou?
sand dollars ($2,000.00) In cash, or a certi?
fied check or New York draft for said
amount, acceptable to said Commissioners,
shall have' been deposited with said Com?
missioners,-and upon the confirmation of
any sale by the court, and deed to the
purchaser shall have been ordered; one
half of the residue of the purchase money
Is to be paid In cosh, and the remaining
one-half of - said purchase money is to
be payable In one and two years, and Is
to bo evidenced by the negotiable notes
of ,th? purchaser, waiving the homestead
exemption,' and bearing six per cent, in?
terest from date of sale, and secured by
a deed of trust upon said property to such
trustee.? ?r trustees as the court may
name; or all cash, at the option of tho
For further Information apply to either
of the undersigned Commissioners.
HERBERT G. WHIPPLE,
? Special Commissioner, ?
220 Broadway, New York.
JOHN A, LAM-B,
606 Mutual Building, Richmond, Va,
In the'Clerk's Office of the Circuit Court
of ?the County of Charles City.
Laurence LaForge and others....Plaintiff,
-Henry? E. Knox and others....Defendants,
t, J. E. Major, clerk of the said court,
do certify that the bond required of the
Special Commissioners by the decree ren?
dered-in said cause on the.15th day of
June, 1006. has been duly, given.
Given? under my hand as clerk of the
said court'this 24th day of June. 1906.
' - J. E; ?MAJOR. Clerk.
Je 20,-Ju 1,6.8,12,16,19
By H. A. M'Curdy, "
Real Estate Broker.
V OF ?OT
132 Feet by 165 Feet 8
S. W. Corner Marshall and
, vs. ? ? ,v ? v. 'je iiTJUj
Decree of Richmond Chancery Court,
April 17. 1O05.
Pursuant to above decree, the under?
signed appointed commissioner thereby
will offer for sale on
Tuesday, July 11, 1905, at
6 P. M.,
the above very deslrublo lot, which can be
subdivided to advantage. Nothing neod be
said about tho desirability of this proper?
ty, which WILL BE OFFERED EITHER
AS A WHOLE OR SUBDIVIDED, as
may bo deemed best at time of sale.
TERMB?Cash as to one-fourth, balance
in equal instalments, with laterest added
at (1. 12 and 18 months, purchaser to give
negotiable notes and secure the same by
trust deed; or for all cash, at tho option
of tho purchaser,.
ALLEN G. COLLINS,.
I certify that the bond required of the
Special Commissioner by the above decree
has beon duly given.
CHAS. O. SAVILLE, Clork.
' By Pollard & Bagby.
auction salb~t5 the highest
bidder of h rick house,
.- No. 607 N. First Street,
IN SPLENDID ORDER AND AN
We will sell nt auction On WEDNES?
DAY, July 13, 1905, at 6 o'clock P. M7, the
above mentioned property. Tno house is
In tip-top ordor and an Investment In
this location will pay handsomely and Is
The property must ??, so come and
eecure a bargain. ~
POLLARD & fiAOBY,
July, ?-(dis Auctltmeow,
AUCTION SALES. Future Days j
By C. l>. & II. L. Dsnoon 1
Ronl Estnto Trust Company,
Valuable Three-Story Brick
No. 1703 E. Main Street;
The Frame House,
No. 9 S. Seventeenth Street, '
With tho Brick House In ncfir of
Snnic; also tho .'."??./ ,
Brick and Frame Store,
No. 1705 E^ain Street.
By virtue of a decree entered In the U?r>
and Equity court on the 3d day of July
1006. In the suit of Sarah E, V. Ranioi
vs. Manly B. Ramos, et. al., the under
iil?npd Spedili Commissioners, therein ap?
pointed, will sell by public auction, on the
Monday, July 10, 1905,
AT 12 O'CLOCK At.,
tho fl'bovc described property: >'??
THE LOT UPON WHICH THE' 8
STORY BRICK STORE STANDS ? HAS
A FRONTAGE OF 24 FEET, 7k INCHES
ON MAIN STREET, BETWEEN SEVEN?
TEENTH AND EIGHTEEN-'/?
STREETS, AND RUNS BACK 18 FEET.
MORE OR LESS, TO AN ALLEY.'
T.'t'E LOT UPON WHICH NO. 9 8.
SEVENTEENTH E7TREET STAND3,
FRONTS 6 FEET S INCHES ON SEVEN?
TEENTH STREET, AND RUNS BACK
BETWEEN DIVERGING LINES ABOUT
55 FEET, AND BEING 9 FEET ON THR
REAR END, WITH A BRICK HOUSE
ON THE REAR OF THE LOT.I
THE LOT UPON WHICH THE BRICK
AND FRAME STORE NO. 1105 EAST,
MAIN STREET STANDS, HAS A?
FRONTAGE OF S FEET 2 INCHES ON
THE SOUTH LINE OF MAIN STREET.?
AND RUNS BACK 7? FEET, MORE OR
Tho above parcele of land, with the.
Improvements thereon, and tho privilege? I
thereto belonging as mentioned' in
the report of Commissioner James, .will'?
first be offered separately, and men of?
fered togethor as a whole. .
TERMS-One-third cash, tho residue .In
three equal Instalments, payable respec?
tively at 0, 12 and 18 months from day or
sale, tho purchnser giving notes, bearing
? per cent. Interest, and title retained until ?
all of the purchase money Is paid and '
a conveyance ordered by the court; or all
cash, at option of the purchaser.
THOMAS W. GARDNER,
JNO. B. MINOR,
J, SAM'L. PARRISH,
In the Law and Equity Court of tho City of
Sarah A. E. Ramos.Plaintiff,
Manly B. Ramos, et ala.Defendants.
I, P. P. Winston, clerk of said court,
certify that the bond required of "the
Special Commissioner by the deer?? in
said coime of July 3d, 1905, has been duly
Given under my hand this 6th day of
Jy 6-tds P. P. WINSTON, Cler'c .
By Pollard & Bagby,
Real Estate Auctioneers.
COURT SALE BY AUCTION OF
THREE-STOKY DETACHED BRICK
DWELLING, NO. 108, ON WEST LINE
OF NINETEENTH, BE ? W ? ? ?
FRANKLIN AND GRACE STREETS
ALSO NICE VACANT LOT, ADJOIN?
ING ON THE NORTH.
In execution of ri decree of the Chnricerj'
Court ,of the City of Richmond, entered,
July 5, 1905, In suit of Cooke vs. Cooke,
et als., I will sell by auction, on the
TUESDAY. JULY 11TH, 190?.
at 5:30 P. M., the above mentioned prop?
First. The dwelling as described above,
about 8 rooms and detached kitchen; lot
Second. Vacant lot adjoining on tho
north! 34x132 feet.
The property will be offered, separately
as above, and then as a whole.
TERMS: One-third cash, residue at 6,
13 and 18 months, credit payments to be
evidenced by notes and to carry Interest,
and title retained; or all'cash, at option
of purchaser. ,. . '
WM. M. TURPIN,
The bond required by special commis?
sioner by decree abovo mentioned has
been duly given.
CHAS.. O. SAVILLE, Clerk.
By A. J.. Chewnlng Company, ? .?
Real Estato Auctioneers.
TRUSTEE'S AUCTION SALE
No. 912 N. First Street. *
By ; virtue of a certain deed of trust,
dated July 8, 1903, of record in the clerk's
office of Richmond Chancery Court, in D.
B. 178 C, page 210, default having:been
made In the. payment of the debt thereby
secured. andNbelng required by the benefl
clary so to do. I will sell by auction, upon
tho premises, on
TUESDAY. JULY 11TH, 1905,
at 0 o'clock P. M? th,o property numbered
as abovo, consisting of a lot of land,
fronting 24 feet 8 Inches on the west Une
of First Street, between Baker and Char?
ity Streets, by a depth of 129 feet, with ?
good dwelling thereon. Come and get ,'e.
bargain; It rents well.
A. J. CHEWNING, Trustee.
By Augustine Royall & Company.
Real Estate Agents and Auctioneers,
Office: No. 927 Hull St., Manchester, Va
TRUSTEES' SALE OF HOUSE AND
LOT ON EAST SIDE OF SEVEN?
TEENTH STREET. BETWEEN STOCK?
TON AND EVERETT STREETS, IN
THE CITY OF MANCHESTER, VAi(..ON
TUESDAY, JULY 11TH, 1906, AT 6:30
O'CLOCK P. M? ON THE PREMISES.
By virtue of a deed of trust, execute?;
by Mary M. Slmma nnd husband to tlw
undersigned, dated January 29th, 1904, and
recorded In tho Corporation Court, clerk'?
ottico, for said city. In D- B. 27, pago 84.
we will (being required so to do by tho
beneficiary) sell at auction on tho day,
hour and place named above, that deslr?
able honso and lot, located on the said
cast lino of Seventeenth Street, between
Stookton nnd Everett Streets, hi said
city, lot fronts 30 feet by one hundred
and twelve feet doep, more or less. S
: TERMS?Cash aa to expenses of sale
Interest past due, Insurance nnd taxes
130.87; the residue upon a credit of .six,
twelvo nnd eighteen months, for note?,
six per ?nt. interest added, socured by a
trust deed. i
L. W. GLA/.EBROOJK. ?
E. H. SPENCE,
JO LANE STERN,
By A. J. Chewnlng Company,
Real Estate Agents.
TRUSTEE'S AUCTION SALE OF
No. 1115 WJQeigh Street;
By vltrue of a certain deed of trust,
dated August 16. 1903. of record In the
clerk's ottico of Richmond Chancery Court,
D. B. 179 B, page C8, dofault having been
made in the payment of a portion of i?}
debt thereby secured, and being require?
by the beneficiary so to do, I win sell l>y
auction, upon the premises, on
WEDNESDAY, JULY THE 1STII, 1903,
at ? o'clock p. M., the property numbered
as above, fronting 19 foot ? techos on th*
southern lino of Leigh Street, near War?
rlson. by a. depth between parallel line*
of m feet.
TERJMS-Ca?h as to the cost of sal?}
and $18.00. wlili Interest from Februar?
16, 1905, and upon credits as to flg-OU to
August 18, 1906; ?16 00 to February, 130A
and 1616.00 to August, IfMM; eaoh creajt
payment to hear Interest from dato ?f
sale; balano? cash. 1
A. J. CHBWWNQ. Trirtt??.