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VOLUME XLV, NO. 52 = RICHMOND .VIRGINIA, SATURDAY NOVEMBER 3 1928 NPRICE^FIVE CENTS.
BURROUGHS RESTORED POLICE FORCE. Instructions to the Jury-Citations of Law-Law-abiding Colored Folks Uneasy Police Officers are Obeyed Here-The End Not Yet. Instructions (1) . Every homicide in Virginia in the absence' of other evidence, is presumed to be murder in the second deg.ee, and in order to elevate the offense to murder in the first degree, the bur den of proof is upon the Comnvjj* wealth and in order to reduce tn? offense to manslaughter, or to show justification or excuse, the burden is upon the accused to introduce evi dence to show extenuating circum stances, or justification, unless it ap pears from the evidence of the Com monwealth. (2) The Court instructs the jury that malice in law may be inferred from the use of a deadly weapon. * (2) The Court further instructs you that to constitute a willful, deliberate and premeditated killing, it is not necessary that the intention to ki’l should exist any particular length of t me prior to the actual kill»ng; it is only necessary that such intention should come into existence for the first time at the time of such kill ing. il ,4?- ,1 (4) The Court instructs the jury that the law of self-defense is the law of necessity and the necessity relied upon to justify a killing must not arise out of the prisoner’s own mis conduct. \ »# (6) The Court instructs the jury that if they believe from the evidence that \Y. B*. Burroughs, the accused killed Sharpe under a reasonable belief that his own life was in danger and that such danger was imminent or that he was in danger of serious bod ily harm, as the facts and circum stances reasonably appeared to him at the time, he was excusable in so doing, although such danger was un real/ The question for the jury in this case was not whether the tak ing of the life of Sharpe might have been safely avoided, but whether the accused under the circumstances might reasonably have believed and did believe, it was necessary to short as he did resulting in the death of Sharpe, in order to save his own life or avoid serious bodily harm; then and in that event the jury should find the accused not guilty. The ju rors are instructed that if they be lieve from the evidence that the ac cused started firing at the deceased in self-defense, then they are further instructed that the accused had a right to continue to shoot at the de The Law \ (1) >. i This i« the law. i (2) This is the law. .5P- ns « (3) This is the law. (4) This is the law. Did the alleged necessity to kill James Sharp arise out of the prisoner’s (W. B. Bur rough's)* own misconduct? By his own sworn testimony, stenographi callv reported it did. Legally, he could not get on James Sharp’s premises without violating Article 1. Section 10 of the Constitution of Virginia. This was misconduct on his part. H> had neither a general warrant nor a search warrant. He wore citizen's clothes and he did not display his badge. Section (»f the State Prohibition Act roads: 23. WHEN OFFICERS MAY BREAK AND ENTER HOUSES “If any house, building, boat car ov other place as in herein before mentioned, the sale, offering, storing or exposing for sale of ardent spirits is carried on clandestinely, or in such manner that the person or persons nnn-porpd therein cannot be seen or ident'fied hv the officer or officers "barged wi*h the execution of a war rant. under any section of this act nrrv such off'eer mav. whenever it is necessary for the arrest or identifica tion of the person or persons offend ing. or Of seizing such ardent sn'rits. break open and enter such house, building, boat, car or place, or any room or pert of my of ■‘them . ’ (Coda Section ifil9: Td . Sect-!on 29.1 (5) This is thrt law but it ;s applica ble to a legal arrest made elsewhere than in a' citizen’s own home, where a citizen is surrounded by the guarantees of the Constitution of Virginia and those of the Constitu tion of the United States, which entitle him to protection in his l-fe Vhpmv and pursuit of happi ness “with none to molest him or mako h?m afraid " H*s and G. and M. p. 95 says "if the party slaying made the first assault he must npif. the combat and retreat as far as ho safely can. “Nothing herein contained shall be construed to p">rm't tfwa issuance of general warrants wherehv an officer mav be commanded to search suspected places w'*hcu.‘ evidence of ceased as long as it reasonably Ap peared to him from his standpoint that there was still danger of losing his life or suffering serious bod.ly harm at the hands of the deceased. The accused is to be judged by the circumstances and conditions as they reasonably "appeared to him at the (6) It was not necessary that such danger did in fact continue to exist provded you believe from all *he evidence that it reasonably appeared to the defendant from his standpoint that such danger continued to exist. (7) The Court instructs the jury that if they believe from the evidence that the accused was discharging what he reasonably believed to be a lawful dutv and engaged in a lawful act, he need not retreat, but may repel force by force, if need be to the extent of s aying his adversary. This is justi fiable defense. ^ In this connection, the Court tells you that if they believe from the evident that Officer Burroughs ap proach'd James Sharpe for the pur nnce of arresting him and informing him that he was a police officer 'hen i1 was the duty of the said James Sharpe to submit to the officer even .Tpnies Shame had commit ted no crim° and the officer, had no f~r arresting him as a r /■ V r- ^ £**(%*• TH5U.6* Ci i-• . y (9) The Court instructs the jury that an officer in the performance of his duty as such stands on an entirely different footing from an individual. . U°) He is a minister of justice and is therefore entitled to the peculiar pro tection of the law and the respect of citizens as such. an The Court instructs the jury that in order to convict the accused as charged in the indictment, the evi dence must not only be consistent with the guilt of the accused, but it must be inconsistent with every reasonable hypothesis of the innocence of the accused, and if said evidence is con s'stent w: h any reasonable hypothe sis of his innocence, then they must fir cl him not guilty. a fact committed, or to' seize any person or persons not named or whose offense is not| particularly described and supported by evi dence.’4 (Code Section 4612; 1916 p 215; 1918 p 577, Section 22 ). \ I ■ ■ C " (6) This is the law. • i This is the law. ‘ , I I (8) 1 ThiB la the law. See Article 1 Section 10 and H’s G. and M. p. 95. (9) This is the law. It is also the , law that a citizen who has commit ted no crime and who has not been suspected of having done so by any evidence present or implied and who is resting quietly after night-fall and after a day of honest toil as such stands on an entirely different footing from an individual who has habitually violated the law... Section 17. “It shall he unlawful for any person knowingly to resist, impede, or obstruct, or in any man ner to hinder or delay any legal officer having in his hands any search warrant, issued by any officer of this S ato having tjhe right to issue ?he same, under thq provisions of 'Ur's ach in the execution of such warrant. Any person so resisting, "ip dine, obstructing, or in any way Ivnder'ne or delay'ng any officer in the execution of a l^eal search war rant in his hands shall be entity of a misdemeanor.“ (Code Section 4 014 Id. Section 23 t-0.t flO) This i« tho law and it might be added that W. B. Burroughs, ac cording to his own statement was a 1 minister of injustice and by his own illegal act. was not entitled to the peculiar protection of the law and the respect of citizens as such. But this was £ question for the jury to decide and it was decided in the light, of the information before them. (ID This is the law. W. B. Burroughs sta'ement. stenogranhicallv reported will clear up this phase of the situa tion . The specific provisions of the Rato Prohibition Law settle It. iHere tt is: "If there he no comp’aint on oath that/ ardent spiri's ar^ being manu factured. sold. kept, stored or in any manner held. us°d or concealed in a naf io’iar house or other place, in v olation of the law. the iustice of peace, police-,iustice. circu't. or c'tv iudgp and mavOr of any. city or town whom comp’ain4 is mad*' ?f sat isfied that there is reasonable cause J (12) ! No amount of suspicion of guilt, however grave or strong, is sufficient to find a verdict. Nor is it sufficient that the evidence shows a preponder ance in favor of guilt, the burden being upon the Commonwealth to prove every necessary element of the crime charged beyond a reasonable doubt,—and if after consideration of all the facts and circumstances in this case, you have a reasonable doubt as to any of these matters, it is your duty to give the accused the benefit of such doubt and acquit him. (18) The Court instructs the jury that ‘n erd-.r to pni.tle the accused to an acquittal on the ground of self defense, the accused is required to sustain his plea of self-defense only to the point that the evidence in sup port of it when considered along with : the other evidence in the case raises in the minds of the jury a reason , able doubt of his guilt. I . ♦ I I I I for such belief, shall issue a warrant to search such house or other place, the property of a public service ccr port! Ion such warrant shall describe with reasonable certainty the bag- ; gage, container or package to be ' searched. “If any person shall knowingly and wilfully make any false com- i plaint under this section, he 6hall be guilty of a misdemeanor and fined not less than $50 nor more than $500 for each offense, I | (12) , Th s is the law. The preponder ance of evidence was overwhelming ly against Burroughs, not being even supported by the testimony of his , Brother Officers, for they were not prffsciK at the time of the tragedy. I i — i I (13) This is the law. ARREST BY OFFICERS, WITHOUT WARRANT • ..By Sedon 4789. “It shall be the duty of every conservator of the peace to arrest, without a warrant for felonies committed in his pres ence. or upon a reasonable suspicion of felony and for breaches of the pea&e and all misdemeanors of what j ever character committed in his j presence. ’ 3925. “Brifore entering upon the duties of their off;ce the persons to appointed shall take an oa*h to support the Constitution of t1'' ?ta‘o and faithfully to discharge their official duties. (Code of Vir ginia.) High Lights in Burroughs’ Case Here. i .— ■■■ - The Constitution of Virginia and the Law Search and Seizure***Gaii to the White Electorate. i I 7\ Question for the Police (Continued on Page Five) ^HE MINISTERS’ CONFERENCE ADOPTS NEW PROGRAM. The Ministers’ Conference of Rich mond and Vicinity offers its members and visitors an interesting series of studies during the coming sessions. Departing from its usual custom the progranyne committee recommended a series of discussions dealing with thd- parables of Jesus. Ministers and students 6f the Bible should find these studies helpful, and those Who teach in the Sunday-scKool'have an oppor tunity of obtaining information of value,—they are especially invited to attend. Last Monday the parable of “The Sower” was discussed. Dr. A. W. Brown, the erudite pastor of Sixth Mt. Zion opened the subject. Dr. Frown held that Jesus adopted the parabolic method of teaching be cause the people had become excited ov r th> m’.races pirformed by the Master, and were in danger of miss ing the fundamentals. Applying this thought to present day methods of Kingdom Building, Dr. Brown held that our revivals were in danger of creating an excitement, which in turn produced only tempo r ry results. To this, Dr. A. S. Thomas, veteran theologian, took ex ception. A friendly debate followed during which the thought was developed that the parable portrayed four types whose reception of the Word produced results in keeping with the state of their minds'and hearts. The effort of Dr. Brown was re c-ived with thar.ks and the Confer ence !o:l:s eagerly forward to the next discussion. To the delight of the brethren, the president, Rev. J. E. Fountain, B. Th., arrived at the piece of meet rn<? in a new Model “A” Ford Se dan. We are happy to congratulate our president upon his good fortune and hasten to rav that the b-'auty of his new car is but an outward expres sion of his inward spirit of progress, forwardness and modernity. Under his able leadership the Conference ha3 grown in attendance and developed in spirit. Meetings at Ebenezer Baptist Church each Monday at noon. We in vite the public. 0. B. SIMMS, Reporter. / BROOKLYN. N. Y.— Mr. Na thaniel Barnett) Dodson, nationally known newspaper correspondent died at his home here Thursday, October 18. 1928. The funeral services were held at the Concord Baptist' Church Sunday. October 21. A large con course of people paid the last tri bu'.ie of respect to this honored veteran of the colored newspaper field. f GRAVEL HILL NOTES. I _ At the morning service Pastor Tuck preached a soul-stirring sermon from Exodus 20:19. The Lord’s Supper was (hen administered. The testimonies were spirited. | The Candle Light Service given by 'the “Candidates dub” on Sunday night was well attended. It was well attended and a fine presentation Brother Wilson Price has been added to the sick list. Mrs. Tuck is still quite sick. J. M. Anderson, Reporter.