Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1893-02-09
j. 7. CLARK ON TRIAL.
he Is ARRAloNep eoa THE MURDER
or REV. J. r. MOFFeTT.
A Plea Of 4" Not Guilty" Msde-Tsstimopy
Of Physicians aud Other Witnesses
Threats OF the Accused.
Especial telegram 70 the Dispa,oh.l

Especial telegram 20 the DDpatchl
DASvuIr, Va. February s.-Tne trial o
J. 4. Clark for tho murder Of Rev. J. II.
Moffett Ia the sll-absorbing topic here and
Is creating intense interest in the commu-
nifty. though there IL no excitement and
no evidence Of any bitterness of feeling.
Hon. w. w. MofTctt. OF Salem, Va, bro
ther Of tho deceased, and Mr.. II. q. Moi
felt, formerly Railroad Commissioner and
o cousin Of the deceased. are IN at
tendance at the trial. When tho court
met this morning the Lynchburg
venire were present, and the work
OF obtaining jury was then begun. The
usual questions were asked. and all the
venremen sworn said that they had
neither formed nor expressed an opinion
IN the case, and could give the accused
fair trial. In addition to questions by the
Court counsel for the prisoner asked each
yeniremsn " he belonged to any religious
denomination or 10 the Prohibition party.
Several OF them said they belonged TO the
Baptist church, and three or four Others
said that they were Prohibitionlsts or Local
OptioDlsts
NOT CoMPgTTNT JUBYMAN.
After these had all been sworn IN the Com
monwealth's-Attorncy proceeded 70 OK
anime Dir. II. HIrsh, of Danyllle. who was
Hirsh- was asked il he could give the
prisoner fair trial. He replied with much
feeling that be could have done so on Mon
day last, rs he then testified. but that
his mind was now IN such con-
dtion that be ielt IL his dnty to retire from
the Jury. He was asked what had brought
about this change, and his reply was
publication IN the Danville Register of to
day The Court then asked HIM II he could
not give an impartial verdict as between
the Commonwealth and the prisoner, and
he said positively that he could not. tie
was then excused. The publication 10
which Mr. Hirsh referred was paragraph
in the local columns of the Register stating
that objection had been raised TO Mr..
llirsh as a Juror because he was engaged
In the brewery business.
ANOTHER EXCUSED.
Objection Is also made by the prOsecu-
tion to j. II. Vernon. another of the Jurors.
on the ground that he was once engaged IN
the liquor business and was at one time
severely criticised by the late Mr. Mottett
through the columns OF Ant-LtQuOr. Yer
non did not show up IN court tins morning
and proceedings were suspended until he
could be brought IN. DR.. X. '. Barksdale
said that Vernon was in bed. but that II
anything WAS the matter with him he could
not find it out. He declined TO give GER
tificate that Vernon was sick and rule
was issued against HIM.
Vernon was finally brought into court
and said he had been very sick. He was
asked If he had not expressed an opinion
about the shooting. and after his memory
had been refreshed admitted that he had
expressed an opinion, and he was excused.
THE JURY
Fifteen OF the Lynchburg men were sworn
IN and the Prohibltionists were stricken
of by counsel for the defence, leaving
kn eli hn .T,rt I of
Danville, and 5. I. Hamilton, j. w. Layne.
Il. +. Malone q. X. Boyd. W. S. Claiborne,
J.. A. Pugh. w. G. Wltcher, L. B. McPer-
kins. W. ii. Dornin. +. g. Wexford, and
Arthur Connell.
PLEADS NOT GUILTY.
Clark was then formally arraigned on
the charge of murder, and pleaded not
guilty. A diagram of that part of Main
street where Moffett was shot was then IN
troduced and sworn to by the City Engineer.
Dr. w. L. Robinson, one of the attending
physicians, WAS the first witness intro
duced Dy the prosecution. He testified as
to the character Of the wound and the ope-
ration which was afterwards performed
at the Home for the Sick. HIS testimony
was IN effect that the ball entered the
stomach and went through the liver and a
portion of the intestines that death was
caused by peritonItIs and shock that the
operation had to be suspended because
the patient came near dying under It, and
that efforts to sustain the patient with
stimuants forced the contents of the bow
els through the wounded IntestInes, in
creasine the shock and aggravating the
peritOnitis,
WOULD HAVE CAUSED DEATH.
The patients mind was perfectly clear
when his ante-mOrtem statement was
made. DR.. l.. f. Harvie another physl-
cian in the case, was also called, and testi-
fed substantially a. above. On cross ex-
animation the doctors were closely ques-
toned by counsel for the defence. but
both testified that the wound would ne
cessarily have caused death with or with !
out al operation.
DAMAGING TESTIMONY.
Several other witnesses were then put !
on the stand, and il was in evidence that /
there was difficulty between Clark and /
Mofiett election-day, growing out of a /
charge made by Clark that Mofiett had /
printed bogus election tickets for the pur- |
pose of defTauding the Democrats that |
Mofett struck twice at Clark; that the I
case was called III the Mayors Court and /
both fined; that Mohett, after having /
publicly denounced Clark on electiOn-d day !
as not being a gentleman. had after I
wards printed in Anfi-Liq1tor an arti- /
Gle IN which he further denounced Clark !
that on one occasion after the difficulty on |
election-day Clark had said that he would !
get even with MofIett. and that both of |
them could not live in the same town for /
twenty-fOur hours; that on another occa- !
sion Clark had said that he would 60 TO !
Jail before he would pay his fine in the |
Police Court. but that it would be Id |
dark day for North Danville when that was /
done: that the id scoundrel had tried to /
defraud the Democrats and the sooner he .
left town the better. AS 1t was all he could /
do 10 hold his friends back. The court ad- |
Journed till tomorrow morning.