Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1896-02-08
pETERSBURG'S TRIAL.
ro,RTn DAY or THE HARRIS
MALLORY MURDER CASE.
Aposher Large crowd in the Court
peom-rcssimcny for the Defence
The Mayor Of the city o" the
stand.

pETrRsst'RG. VA. February '-V'ps
c,al,-rhe trial Of r. II. Harris i'' -.
,orrder NJ William +. Mallory Vas 10
.,,ncd IN ,ho Hastings Court TINS n'o'"'
Inc l,,dve Mullen presiding. THIS was ,ne
,,,,,,h ds,, Of The trial. and the puo"c III
,o., ,.,,r,,.as as the case proSf'sseS'
TIC co,,r,-roon was full OF spec'd'o''
,.dsv se the officers would allow unoer
,,o directions OF the Judge orders having
- - IN the officers that no one
- ..,,d no, he seated should be al
Loved 10 enter. OF course great many
,eon,o were turned away 1noer 'heso
conditions
rho accused was accompanied To-Day as
n,oviousiv by his mother and ms whe
s,d child lie was particularly attentive 10
"a. testimony OF the several witnesses,
and WAS all the while calm and apparent
~ und.sturbed--though being tried for his
life Sometimes, by reason of the char
s..tcr Of the evidence. IT had been neces-
sary for the two ladies to temporarily re-
lire. but as soon as permissible they
would return to their seats The prisoner
Is apparently confident Of acquittal or a
very light verdict. There is no one with
whom your correspondent has convorsed.
no matter which his opinion may be as TO
the Guilt or innocence OF the accused, who
believes that the verdict In this case VIII
be murder in the first degree-becauso
Petersburg juries seldom iniiict capital
punishment If they can conscientiously
avoid doing So
There was some feeling displayed by
counsel to-day, which was checked by inc
court, and promptly disavowed as intend
"a 20 be personal.
MANY WITNESSES.
4 dozen or more witnesses for the de-
fcnce-the Commonwealth having ciosed
SIS case last evening-were put on tne
stand At the morning session OF inc
court While there IS no denial OF tne
killing of Mallory by Harris the deiehce'
by its testimony to-day. endeavoren 10
show Justification, by reason OF the trou-
lies that had long existed between the
pariies. and the threats that at various
times had been made by the deceased
against the prisoner. There were many
witnesses to testify TO this fact, as there
had also been previously n number OF
witnesses 20 testify to the TACT that mar
ais had made threats against Mallory.
great deal of interest has been cX-
rrersea In regard 10 the evidence that a
witness named Mahcr would give. IL
rlaced on the stand. Neither the Com
4 ,nonwealth nor the defence wanted to
call him. and yet both wanted the Court
20 put him on The stand. This the Judge
Il refused 10 do.
In the evidence OF Mr.. John Friend. as
published In tho Dispatch to-day. the err
\ r,r was made that he stated that about
four minutes before the shooting OF Nal
lorv he was talking TO Harris, &c. II
should have read four months.
QUESTION OF PRIVILEGE.
The FIRST witness introduced for the
defence was lth's-Attorncy
Jones Mr. Jones said unless compelled
hy the Court he would not testify. Mr..
McIlwsine then asked the following ques-
ton: On yesterday Thomas Gillick denied
before the Jury having stated TO you that
he heard X. III. Harris say II am going
10 XIII some -" Please state
whether Gillick told you that he had not
heard Harris make such "A statement.
MIR. Jones claimed the question OF privi-
ieee. Argument was heard by the Court
as to whether the Commonwealth At
forney should answer. The Court re-
served the point, but thought that Mr.
Jones could not divulse what was told
him by Gillick unless he was first given
permission to do so by Glllick.
MAYOR COLLIER'S TESTIMONY.
Hon. Charles r. Collier testified: II
was returning 10 my office one evening,
tour or six weeks before the murder oc-
Cured when I met T.. A. Goodwin. Jr.,
in front OF the truck-house. lie said that
re had been looking for me and wanted
a warrant; that he was coming up Boil
liughrook street and passed Mallory in
front of the Mattox stables: that Mallory
was continually very offensive towards
hiIn. not directly but indirectly. i went
into The station-house and saw officer
Ragland, and told him to find Mallory
and tell him that I wanted to see him.
Eagland returned TO my Office shortly
after and said that Mallory was drinking.
The next morning Mallory met me at the
corner of Courthouse avenue and Syca-
more street. While ! was talking TO
hum noticed GOODWIN and Harris stand
ing in a store opposite where we were
standing l went over TO where they
were standing and told Goodwin that
had had talk with Mallory, and that
he had promised me that he would let
him alone and that / hoped that he
(Goodwyn) would promise me the same.
Goodwin said he would. Harris
spoke up about this time and
said. Mayor, ne is mad with us because
we do not speak TO him. ! told Harris
that he must promise me also that there
would be- no trouble between himself and
Mallory. and he replied that he always
tried TO avoid Mallory: in fact. when
no saw him coming where he was he
generally got out OF his way"
+. X. Clemments and Branch Borndon
testified TO having heard Mallory Use very
offensive language towards Harris; also.
that he had said TO them things amount
ms 10 thleats against Harris's life
Afternoon Session.
When tie afternoon session OF the
court began Judge Mullen stated from
the bench that he was not fully prepared
to render his opinion in regard 10 the
question raised at the morning session.
IN respect OF Commonweaith's-Atto
JoneS's going upon the stand as a Witness
Judge Mullen said that he was inclined
TO think that II was not privileged COM
munication; that Gillick was not a client
seeking advice, but only witness: that
he would not render his opinion now. but
would do so IN time 10 allow the defence
10 introduce Mr.. Jones 81 he decided that
II was not q privileged communication.
Mrs. John 4. Newman, mother-in-law Of
the prisoner was the first witness exam
med Her testimony was To the effect
that Harris had spent part of October 2lst
and all of October ed at her house. In
Dnwiddie county. and did not leave her
house until IL o'clock Oh the sd of octo-
Der.
Marceilus Aiken testified that he had
never met John Bentley and Harris In or
on Bowie's alley, and that he had never
attempted TO borrow or buy pistol from
Harris. In fact. he denied the evidence
given by Bentley on yesterday.
1T WAS HARD.
Charles W. Williams testified as to
threats he had heard Mallory use towards
Harris. and said about ten days before
the shooting Harris was sitting at the
bar I'm sCiements's Cafe" talking 10 him