The penny press. [volume] (Cincinnati [Ohio]) 1859-1860, 1859-10-19
NEWPORT NEWS.

EXAMINATION OF DR.. FOSTER FOR THE SHoOr-
ING OF CHARLES HARRIs.-The examination of
the prisonerwas commenced yesterday morn
ing at eight o'clock, before Justices Sine and
Connolly. The prosecution was conducted by
Mr.. Anderson, and the defense by Messrs.
Helm, Boyd, Fearons and Berry.
Although we do not intend to comment
upon the testimony, a few words by way of
preface will be proper to full understand
ing of the case. 1t appears that Harris
owned house and lot, on which there were
several mortgages, amounting to about 81 800;
the last of these was held by an elderly lady
named Higgenbothem. The lot was ordered
to bs sold at Master Commissioners sale, end
Mrs. H., fearing the property would not
bring the amount, and knowing that unless
it did she would be cut out, employed DIR.
Foster to bid the sum of 81 300 for the prop
erty for her. This he did, and this being
sufficient to save her, the property was
knocked off to Mr.. Harris himself, who bid
trif1e higher. We will now 60 on with the
evidence.
ooMMoNwEALTH's WITNESSES.
j. Baughman cdlted--Was present on the
night of the shooting DR.. Foster, Mr.. Harris
and Mr.. Dokes came into his grocery, corner
of York and Bellevue streets; saw Harris take
out some papers which he gave Foster to read;
they purported to be receipts; Harris said
those were the receipts; witness did not know
what receipts they were; DR.. Foster said they
were not all; Harris said that they were all
that had been presented, but If there were
any more bills let them be presented, and he
would pay thsm. DR.. F. said he was able to
pay his debts, but Harris was not able to pay
his; this was denied by Harris; Harris made
use Of no offensive language this sentenc
was ruled out). Harris said to Foster, you
are armed--I am not Foster said am armed,
have got q pistol and know how to use 1t; no
then drew It, and Harris tried to take 1t from
him, and then the DR.. fred the pistol; Harris
drew stool, whereupon Owen Turner tried to
part them. When just out Of the door, the
DR.. fred again, and Harris threw some
crokery after him; In the street the DR.. fred
third ball, which hit Harris. When he first
drew the pistol, 1t was In q nenacing manner.
The stool was thrown after the pistol was
fred the fret time; witness did not hear Harris
use insulting language; witness was standing
near the parties.
Cross. .sIamined--Th fuss occurred about
seven O'Clock, on Saturday last. DR.. Foster,
Dokes and Harris come together, and talked q
minute or two; they were talking about the
payment Of something, witness did not know
what. When Foster went out of the house,
did not know If he was knocked out, or went
out of his own record. (All the other facts
elected were same az In examination In chief.--
REP.)
Mr.. Dokes callsd-Was going to see the
Sheriff and met DR.. Foster, who went with him;
DR.. Foster told him that Harris had not paid
all the costs of q certain law suit which had
been carried to the Court of Appeals; Harris
overheard him and said he had; said he would
show the receipts; some words passed and
Harris charged the DIR. with having pistol;
DR.. said he had and would use 1t, and could
kill him too. (Here the witness said no got
scared and hid behind some boxes.) He heard
the firing and saw chair raised, but was SO
excited he did not kD ow what did happen.
Oross-examined-Cost talked of by parties
were in Court Of Appeals, about brick house
Harris said he thought 1t was all paid, but If II
was not he would pay it; DIR. Foster said Hsr-
ris had paid his Hsrris's) but not hit
Foster'sG Harris said if not paid he was good
for it; Foster doubted 1t; the pistol did not fire
till the chair was raised; Harris made crooks
fly pretty fast between shots; Harris talked
coolly about the receipts before tho shooting
darrls IL an exclaDle man.
Mr.. Dsnnison ealled-Difioulty occurred al
about seven and quarter O'Clock; witness wai
talking with Harris when DR.. Foster and Dokes
came up; Harris said here are the papers; come
and I'll show them to you; showed him two
small ones--one for 81 and another for $13
DR.. Foster said they were nothing; Harril
said he always paid his debts; and DR.. said HI
did too; both were excited; the Dr.. had hant
on his right pantaloons pocket; Harris charged
him with having q revolver, saying though ht
had mono he was as good a man as Foster
Foster said he knew how to use pistol; partie
were separated; DR.. fred pistol and Harri
drew chair and threw It and also some ston'
jars; DR.. fred again and retreated; Harri
pursued with crooks; DIR. fred third time ant
Harris fell; pointed pistol again, said he di,
not intend to shoot, but said he had two NOR,
balls; Foster excited at first but Harris wa
not.
Crosa-examined- Harris first saw
Foster coming, he asked witness If he was no
drunk.
Opsn Turner sallsd-Dificulty occurred
about seven and a-half O'Clock; stood near tn
parties; talked about receipts; Foster askec
Harris If he had paid certain money and Harri
said he had. Eolie other conversation oc
CURED, in q mild tone, and witness went to tn
door; heard Foster say "keep away or II
shoot you;" witness caught Foster, who 60
away; heard report Of pistol, and also say
crooks flying, and saw Harris with chair; Fos
ter went to the door and Harris followed
second pistol fred on pavement, third In stree
ten feet from 1t; did not see all, was confused
did not see pistol fred, but heard 1t; Harri
appeared to be getting a rock when FoSte
fred third time; did not hear what was SAT-
before Foster told Harris to keep away or b
would shoot him; the pistol was fred befor
the crooks were thrown; heard man tel
Foster not to shoot again, (aftsr Il. had fallen
and he said he would not, though he had tw
more loads for him.
Harris eight years; has the reputation Of bein
violent and dangerous man; witness did no
know this personally; the firing Of the pistc
and raising tho chair were nearly at the SAM
time, but pistol fired slightly hrSt; Foster re
treated and Harris followed.
John Taylor ealled-Saw Foster with a re
volver on the ferry-boat on Saturday after
noon last; witness INQUIRED what 1t was fol
he said he had been getting 1t loaded for
friend; he said he would keep it in the Post
Office; did not say who it was loaded for.
Robert Hayman oalled-Ten or eight, or fv
days ago, talked with DR.. Foster; saw some
thing like pistol in his pocket; asked hir
about it, and the Doctc- replied, "Charle
Harris says he is going to kill me, and
want to be prepared for him."
Captain William Air was called and test
fed to the same as John Taylor, and sal
| ha hee ri tha Doctor ynake M threats