Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1888-07-26
BARBOUR'S TRIAL.
THE THIRD DAY OF A SOMEWHAT cELE-
BRATtD CASE.
The Witnesses FOR the commonwsalth--The
wounds-A New Poiat-Public
Feeling.
lsrecial telegram o the pI.patch.l

lcDcTlui tittthtil W Wv Rf7f
CuiPkPER, VA. July 25.-This Is the third
day OF the special term OF the Circuit Court
Judge Keith presiding--for the trial OF
Edwin Barbour, Indicted for murder In the
killing Of Ellis Williams about the let OF
last March. Some OF the accounts which
have been sent from here OF this trial and
surrounding circumstances are Of grossly
exaggerated character. There have been no
extraordinary incidents, no dramatic scenes
or climaxes up TO this time.
The accused, who - son OF James and
nephew OF John 5. Barbour, Is indicted for
murder I'm the first degree, but under the law
OF the case may he couvIctec OF much inie-
rlor grade OF homicide, the range OF discre-
ton running so low as TO include even In
voluntary msnslauehter. with the punish
ment OF Gne and imprisonment in the county
Jail Of course be may be acquitted entire
ly, and indeed the impression l. that The
conviction OF young Barbour on any OF the
more serious counts OF the indictment IS not
TO be looked FOR.
TUE TESTIMONY.
The testimony OF the witnesses for the
prosecution on the stand to-day tended to
establish the theory Of selI-deieuce, and the
fact Of their being he CommouWealih's wit
neges strengthened tie defendants case.
Esch witness testified that Barbour was
seated at table In his own Office when Will
lisms entered and asked him how he pro
posed TO settle the matter.
Barbour replied "Tbrough friends"
Williams answered: alt has got TO be set
tied now" and with that struck or struck
AZ Barbour, who had In the mean time risen
from his seat and changed his position some
what. Immediately the firing Of pistols be-
gan simultaneously. or 80 nearly 20 that It
Was Impossible to say who fred the first
shot,
TIE WOUNDS.
williams fell 10 he floor, having fred four
or five times, shot 10 the arm by ball which
was detected by the bone and passed into
the cavity Of the chest, seVering an artery,
so that he died Of internal hemorrhagc in an
hour and forty minutes, as was proved by
his attending surgeons.
Barbour was also wounded, end was con-
sidered 10 be in precarious condition Tor
ten days, though he is now fully recovered.
John T.. Bixey, the attorney for the Com
monwealth-JudQe Bell IA acting In bis stead
in this csse-is the brotherin-law OF the ac-
cused, and wfs on the wituess-s'and this
evening. lie was the first orsecond 10 reach
The Office after the firing commenced. but
too late to do more than interpose after the
harm had been done. His testimony rs To
the position and conduct OF the parties when
be rushed IN showed that two brave lads
for neither was much more than lad-hod
met. and bravery, II Tashly, sustained them
selves in a deadly ARRAY. tie Glsproved some
statements OF q former witness. VINO had testl-
fed TO the prejudice Of the accused.
NEw POINT.
A new point OF decided interest 10 the
legal fraternity has teen ruled on by the
Court in this case. II is to the eject that
where several persons are present at an
ARRAY the defendant may demand OF the
Commonwealth the examination OF oil the
byAsnders. 1t appears that amongst the
persons who witnessed the killing OF Will
liams were three employees OF Bsrbours
newspaper, who for obvious reasons were
moi regarded as desirable witnesses by the
Commonwealth. The Court compelled,
however. their examination, but gave to the
Common wealth the privilege OF eXtractlons
and impeaching them II so chosen. But one
decision Of any American court could be
found on the point, and that wss the SUI
preme Court Of Michigan. which held that
the accused person WAS entitled to the right
m question.
There is large attendance upon the court
and much feeling is still manifest among the
SPECTATORS. 1t il thought that the argument
viii he begun tomorrow afternoon and that
the case ought to be concluded Friday.