The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1873-10-23
The Clarke County Trasedy-The Trial
Continued.

Correspondence Of the Richmond Dsnatch.l
BERgyylLLE, October is, 1873.
The trial was resumed thi, morning
.lud-r Turner on the bench. The Judge
announced his decision Of the question which
he had taken Tor consideration the evening
before. His decision was substantially that
there WAS sufficient evidence that the de-
ceased was in tho state OF mind required by
law in order 10 permit the introduction OF q
diving declaration before the jury. but de-
ridrl; 10 exclude it for the present on the
zrpHnd that the prosecution had failed SO far
- show that the deceased Clinton Little
referred to the prisoner when he said "they
allied me without a cause
l. was III testimony that the prisoners
might have escaped that day had they de-
>rcd 10 do 50.
William G.. Eycrheart testified that he
lived 4 short distance from Mr. Littlc'S, and
That Gilbert. Oscar, and LycurguS had come
"a his house in April, and taken Clinton out
Il the house one ni2ht when he was talking
- his daughter, and While he was at sup
per. This was introduced TO show that the
relations between the brothers had not been
Of the most amiable and friendly character.
1t Is said the family opposed Clnton's visit
IN Miss Everheart, and that this was g
source OF QlSaSItcLueul.
The same witness said that Clinton had
teen at his house the morning of his death
very early, and that they-witness, Clinton,
and Columbus Li;tle-had all taken drink,
and sat and talked for little while; that
while they were together they saw Lycurgus
20 and return from Colonel Dearmont's
Two hours alter Clinton left he heard that
he was shot; went - the Littlcs' house and
found Columbus at the gate with pistol in
each hand.
The account Columbus gave him of the
affair was excluded becauscit was not given
III the hearing of the accused.
The testimony Of James Milton, Jr., the
.>>;>tant TAILOR, was very damaging TO the
prisoner. He stated that he heard Lycur-
.ly, and Oscar, the prisoners, talking when
H. took their breakfast up the morning
after the occurrence, and that lycursus
laid, - killed Clinton"
The cro,s-eXamination Of this witness was
very severe and searching, and the effect Of
hi, testimony was very much injured by
facts brought out. 1t appeared that he was
twenty six years old, and could neitherread
nor write. Hcwas unable to give any intel.
.igitc reason Why he vas required to swear
On Il Bible. However. be said he knew 1t
compelled him 10 tell the truth. Many of
his answers were caused, probably, by
the confusion caused by ss-cXamination
than bv ignorance. This was the first evil
dencc vet introduced TO connect the pri-
>nncr with the killing.
Much interest is felt in the evidence of the
Little fanny. a. they alone were witnesses
u the affair aud As they were then hostile
10 heir brother The evidence they gave be-
fore the coroner was sufficient to convict the
prisoner; but this evidence cannot be read
on this trial, and it is thought that now the
evidence of the flmily will be entirely diff
icrent.
MONDAY, October goth.
William I. Wharton testified that he was
the committing magistrate, and went to Mr.
Little's on the 9Th Of july officially. having
been called there by message from MIR.
Bitter. Met Columbus Little first, and went
with him to see the body. Afterwards he
took Columbus Litlle's affidavit, and issued
a warrant for the arrest OF prisoner and o.
car Little, and committed them on the testi-
inony Of Columbus.
Nj. Bitter was recalled, as the prosecu-
lion had succeeded in connecting the pri-
>oncr with the death Of the deceased, III
order TO give the dying declaration Of Chm
ton referred 10. This was again streDuously
opposed by counsel for the defence on the
ground that after this declaration lie asked
hi. surgeon if he thought his wound Sc
riOus one, ii being claimed that he still had
hope Of recovery.
After long argument by counsel the
collt decided not 10 admit the declaration