The Daily times. [volume] (Richmond, Va.) 1886-1889, 1888-12-20
NOT GUILTY.

Axeh)e nIsck Acquitted Of Intending 10
zs>im. D,sf.xnre, and Ksii John o'Dwyef'
N Al.
The Hustings Court, Judge Atkins
~reslfline. was engaged several hours
\. fbe trial OF Archie Black, who was
.cSsrc>d with shooting with intent 10
~eim dis6curc. and Kill John O'Dwyer
~r5 John McNsrrow, between the hours
al 10 and o'clock on the night OF tue
10Th OF November last.
John O'Dwyer was the mrs, witness IN
troduced. He stated that at the lime tns'
the difficulty occurred John MCMAHON,
Iohn shea, and John Phillips were asleep
on benches IL the room In rear OF Blacks
bar. and tha, he went in the room and
w.s irving 10 awaken the sleeping men,
when The pistol was fired by some one
a. The front room. He said four shots
zero fred three of which strlck ne
one In nv lef, arm and two IN my right
hand don't know who fired the shots,
bnt know that no one bat Black was IN
the front room, from where they came.
Ifter the four shots were fired we all ran
out OF the house.
In the cross Examination by Mir. Page,
O'Dy,er stated that be. with the other
three men. were upstairs playing draw
poker during the day, and did not drink
sny LIQUOR before night, when they took.
about ten drinks Of whisky, aud that
they were not drunk when the difficulty
occurred. lie wss trying 10 level out
beer key, when II fell downstairs, break
ing open the door below.
-. John McMarrow testified that on the
night Of the difficulty he and the other
two men were asleep In the back room.
and that while 0'Dwyer was trying TO
awaken them The shots were fired, one
Of the bullets taking effect In the back OF
his neck. He did not know that any
denretatlons were committed on the
property of Black.
y. O'Niel was the first witness intro
duced by the defense He testified that
he knew the prisoner to be quiet and
peaceful man; that he went upstairs the
dav after Black was arrested and found
the centre table, which wss in the room
nj the time. badly broken up and num-
Der Of chairs broken into pieces. The
stove was also considerably damaged
and the windows broken.
Black, the prisoner, stated that on the
morning of the difficulty, about 10 o'clock,
these parties came into bis bar and com
menced kicking around beer kegs; that
he was feeling unwell and ordered tue
men TO leave his house, which they re-
fused TO do, and remained there drinking
and rowing all during she day; that 8
hig stone was thrown through The win
dow, breaking ne blind and the glass,
and that the beer keg was thrown
down stairs, completely SKATER
Ing bis door. During the day
somebody threw lot OF gravel
In his fsre, and the three men broke up
his .e, and were wrestling and making
a big noise. After having ordered them
70 leave the house number Of times, he
went into the back room with the pistol
Ia bis hsnd, and told the men that II they
did not leave be would shoot them They
.ook no notice of his warning, but some
ore threw large stone, which struck him
In the face and Knocked him down. II
was al that time that the shooting oc.
Cured. He didn't know whether the
stone struck the hammer Of the pistol OF
whether he pulled it in falling.
O'Dwyer was again called, and made a
s.atemen; materially the same as his
first
At the suggestion of the Common
wealth's Attorney the case was submit
ted TO the jury Without argument. After
short absence the jury returned with q
verdict Of not guilty.
On motion of Mr.. Spotswood, n0A
proseoui was then entered in the remain
ing similar indictments against the pr
sOner