The times. [volume] (Richmond, Va.) 1890-1903, 1893-02-12
THE TESTIMONY ALL IN.
SUMMING UP IN THE CLARK TRIAL
TO BEGIN TOMORROW.
Ante Nfortem State Of the Deceased Given
in FuIi-The Jury Denied
Special Privileges.

DANVILLE, VA, Feb. n.-Speciai.-
A heavy rain this morning did not keep
the people from fiocking to the hastings
courtroom to see and hear the proceed
ings OF the great Clark trial. Before
o'clock, an hour before the opening OF the
court the people were packed In the
courtroom like sardlnes in box. I'M
media. ely after the opening of the court
the prosecution expressed desire 10
recall i. Il. Gravely, a witness, VINO had
been called by the court. The detense
objected, on the ground that the Witness
had been introduced by the court anu
the prosecution had had fair show 10
cross-examine him. After some dis
cussion the witness was recalled, and In
answer to questions said he was i'll ho
way excited or under the influence vi
liquor the night of the shooting
y. G. Mosely was called by the prose
cution. and said he saw Gravely the nigh.
OF the shooting. He was exclteu, anu
said Moffett fired the first shot, ana lhe =
scoundrel ought to have been killed. vi,
being recalled. Captain Gravely uen ~,
that he used the language tetineo W
Mosely. and said he only repeated VIA.
attacked him and shot first.
I n Hill testified that he had taken
a great interest in the case. MoIetl was
his pastor, and he had learned 10 NV
Moffett as he had loved no other hiii'.
Said he: "As a matter of justice 10 my
dead pastors memory, TO ms "iuoN air
children, as n cOnservator OF the Pe"No'
and as a good citizen, | nave taken
lively interest in the prosecution. Unuer
I
liam county to employ Coionel Ayletl ~
aeeist I'm the prosecution. | did TINS at
Tho request of W. W. Moffett. brother Oh
the deceased, for the reason that 'olohSi
Avlett was an attendant upon the churci
of which deceased was once PASTOR anu
he knew the deceased well. .,,,.
Witness said he was a local option,1'
Of the strictest sect, but IN hallohai ~
tics not a Prohibitionist, but DeiIioS az a.,
'ie ss,.ora1 u,itnesses were introduced by
both sides 10 rebut the testimony ohereu
hy tho other. after which both sldes ue-
ciared themselves through with the eFl-
dence. A. t,o tho
oneninc speech for the prosecution, dshSu
thot tho court now adjourn till Monday
He said In the courts he had peeh pc
ticing II was the rule 10 submit III
structions before argument ana ne olIy
Lao rV
reouired instructions after argument.
This misunderstanding on MS part
brought him to the speech making point
sooner than he had expected. and before
he had had time to go over the s'eno-
qraphic reports of the testimony. rOi
these reasons he asked that an ADJOURN
ment be had, and the argument commence
Monday. o,,o
The defense wanted TO proceed AT ohce'
blt
sci and after consulting the WISHES VI
the iurv the court decided TO adjourn 10
q o,clock Monday morning. At That hour
Colonel lylett will open for the prosecu-
tIon He will probably speak five or SIX
hours. and will be followed by Messrs'
Harrison, Blackwell and Peatross IN .ile
order named for the defense, ana MI;
Massie Commemorative Attorney WIN
close. The indications are that TWO ua!s
will be occupied in the argument.
Thare was a misprint in yesterdays re-
mort Of the testimony OF Drs. Temple ana
Walker on one point. Their exact IAN
euage was would not under any clrcuih-
stances perform formal laparotomy IN
less there should be signs OF hemorrhage'
extravasation Of blood or races through
the Oritlce. ,..
Hon. w. w. Moffett, of Salem, brother
NJ the late Rev. ]. r. Moffet., and Hon.
" O. Moff.tt, Of Rappahannock county
cousin of the deceased, request Inc
Times corrC spondent to give Rev: j. H.
Moffetts dying statement In 1ull' Inc
statement, which was taken by Hon.
II. Wooding, mayor OF Danville. and which
was admitted in this trial as evidence
is as follows:
II left the Register office and walked up
Main street. I met a man approaching
me. He seemed to be coming straight
SO l stepped aside to leave him room:
He was four or five yards from me- anu
at that point he commenced nrlng upon
me. I endeavored to secure his weapon,
but was not successful In so doing until
Mr.. Green Williams, chief OF police came
IN. He separated us and CO FRIED me TO
Dr. Cabelrs office.
Who was the man who met you?
Answer-To the best Of my knowledge
IL was Mr.. j. r. Clark.
Did he fire upon you?
Answer-Yes
Did he strike you with his fist?
Answer-No.
Did the ball from the pistol fired by
Mr.. j. T. Clark strike you?
Answer-Yes, sir.
Did you fire a pistol?
Answer-No, sir.
Did you have a pistol?
AnsWer-NO, sir
Did you make any assault upon Mr..
| Clark before he commenced firing?
Answer-No, sir, / did not know or re-
| cognize him until he commenced firing
Have you made the above statement
| and given above answers with the belief
that you will die from the wounds re-
ceiyed?
Answer-Yes.
The jury in the Clark case asked the
| court If they would be allowed TO attend
| church i'm a body tomorrow. Judge Aiken
said such things had been done. but under
| all the circumstances and not knowing
what might be said or heard at church
| he thought they better not. Ju-
ror Connel then asked II the
| jury might not compromise on being
| allowed to attend the theatre tonight.
| The Judge smiled as he said he thought
| for reasons already given the jury better