Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1888-03-10
TN THE FIRST DEGREE.
TEE VERDICT IN THr CASE OF Way
MON SUTTON.
What the Evidence in the THAI De
velopsd- Motion for
New Trial.
,sn.cl,, ,,leer,m o ihe pIspatch. J


WYrnEvuuv, Va. March 9.-Tbo
case of the Commonwealth against Way-
mon Sutton, who was charged with k,li-
ING Peter narwoll, was given to the jury
this morning. The evidence was en-
tire,v cigcumstautial, AMI the trial
elected a great deal Of interest. The
court room was packed during the entire
time of the trial, which lasted three
days After remaining cut fully two
hours the jury brought in. a verdict OF
Guilty OF murder in the first degree. The
facts as brought out in the trial are rs
follows: Peter harwell, who was citl-
zen of Smyth county. had been run out
of his neighborhood, having been shot
from ambush, and having had his house
burned 20 the ground. as related IN the
Dispatch a few days since he came
into Wythe county and settled down on
John Benningt0n's land. The day
after he arrived message reached
him that he was still IN danger,
and this, coupled with the fact that his
wife saw two armed men skulSing In the
neighborhood, prompted him to try to
make his way 10 John Bennington's
bonse for projection. He VAS SO crip-
MED by the bullet-wound in his thigh,
however. that he could not walk without
assistance. So, with the aid OF his wi'e
on one side and his aged mother on the
other, he was just stepping out oil ms
door when he received two ri;ie-hall
wounds-one in the lung and the other
in the abdomen and fell back III the
\ = l.
the house and attended to, but died next
dav. On the day OF the killing Way
mon Sutton and Morgan Pendleton. bis
father.in-law. were seen TO leave the
house Of the former with guns on
their shoulders and follow the road
in the direction of Hsrwells
house. They were met or overtaken by
several persons IN the omen road, who
simply babe them gocd-day or passed
the usual conrtegies. They were later
recognized by negro at bis home on
the road who stated that the lace OF SUIT
ton was BACKED and Pendleton's was
discolored yellow that they asked If he
knew where Harwell had moved, that he
needn't he afraid to tell, for they were
friends OF Harwell. Further on they
were seen with both their faces BACKED
skirting piece Of woods but were not
positively identified After this Har-
wells wife SAW two men squattng down
in the underhrush near her house and
called her mothers attention to them,
hut when the latter wen; toward them
ti,ev made Oh through the bushes at
n rapid rate, and this was the last
thst was seen Of any one about
the premises until Harwell Was shot,
about q half hour after. Old Mrs. Bar
well claimed to recognize Sutton, bat
her evidence was considerably shaken
bv the fact that she had testified before
the grand Jury that she did not KNOW
~ho the parties were. The evidence OF
the negro was also weakened by coDtm-
dictory atements made outside. The
principal points relied on by the defence
were that no motive WAS shown for the
act and that Sutton, who is painter 10y
trade, bore All excellent name III his
ncichhorhooj. His running oil, how
ever. damaged his cause very much, and
the iact that he was found In Illinois
under al assumed name vas hard to he
explained otherwise than that he had
heard it intnns!ed that he was CON
nectod with the killing, and fear
To-. that lie could not give a
satisfactory account of himself, since
he had been out hunting that day, he left
the country. The prisoner is about
thirty-iiye years Of age, with regular
features, rather high forehead, well-set
blue eyes, and one who would hardly be
chosen ia crowd as q murderer. \
motion was made to set sside the verdict,
and also for new trial, which will be
heard on Monday.
Morgan Peudle;on is still at large, and
nothing has been heard Of him.