Dispatch, March 29, 1889

THE TAYLOR TRIAL.

Moral -- Murder

The Case Given to the Jury -- No Verdict.

[Special telegram to the Dispatch.]

ACCOMACK COURTHOUSE via TASLEY, Va., March 28. -- This has been the fourth day of Mrs. Virginia Taylor's trial in Accomack County Court on the charge of having murdered her husband. The crowd in attendance, though not so large as on previous days, filled the court-room, and interest in the case increases as it draws near its close. The testimony having been concluded yesterday when the court reassembled this morning instructions to the jury were offered by Hon. John Neely, senior counsel for the defence, and after having been slightly modified by his Honor Judge Garrison, were granted in the following form:

First. The Court instructs the jury that circumstantial evidence in a criminal case should be acted on with the utmost caution.

Second. The Court instructs the jury that to justify them in finding the prisoner guilty the evidence must exclude every hypothesis consistent with innocence, no matter how suspicious the circumstances of the case may be -- if upon the evidence there be a reasonable doubt either that the deceased did not die from poison or that if poisoned the poison was not administered by the prisoner; that if administered by her, it was so administered by accident or without criminal intent. In either event the prisoner is entitled to her acquittal, and in determining whether any of the three hypotheses be true the jury is instructed that the burden of the proof is upon the Commonwealth to show beyond a reasonable doubt that none of the three is true.

Third. If upon either one of the said hypothesis mentioned in the second instructions given by the Court the jury entertain a reasonable doubt of the guilt of the prisoner they must acquit her.

Fourth. If upon the whole evidence or upon any point essential to the prisoner's guilt the jury entertain a reasonable doubt they must acquit her.

State-Senator Blackstone opened the case for the prosecution in an able and logical speech, in which he reviewed all the circumstances of the case and analyzed the evidence with great skill and thoroughness. He spoke for nearly two hours and closed with a strong appeal to the jury to mete out even-handed justice to the accused.

Hon. John Neely, of Norfolk, followed Senator Blackstone, making a powerful speech for the defence. The line of his argument was to show that deceased might have died from natural causes and that no positive evidence had been adduced to prove that Mrs. Taylor ever gave her husband any poisonous drug. Mr. Neely spoke for more than two hours, and his appeal for the accused was eloquent and effective.

James H. Fletcher, attorney for the Commonwealth, closed in a forcible speech in which he summed up the case for the prosecution.

The case was given to the jury at 6:30 P. M. The jury then retired. After remaining out forty minutes the jury returned and reported that they had not agreed on a verdict. Judge Garrison ordered the sheriff to take the jury in charge till to-morrow morning, and Mrs. Taylor was conducted back to jail.

The trial has been one of the most interesting and remarkable in the history of this section, and throughout its progress there has been a notable absence of bitterness and hard feelings. Mrs. Taylor says she has no hard feelings towards the counsel for the prosecution, who have treated her with marked courtesy and consideration.

There are various views here to-night as to the probability of a verdict to-morrow. The majority are inclined to the belief that the prisoner will be sent to the penitentiary, some believe she will be acquitted, and others think that the jury will disagree.

Few, if any, believe that the death penalty will be pronounced against her.