The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1896-02-12
T'eVerdlct Of a Jury of Twelve Of His Peers
Rendered After Mature DeIiberaiIOn.
THE LIGHT SENTENCE A GREAT SURPRISE
Practically Compromisc-Fivc or
the Jurors Were for An Acquittni
"A New Trial To 10 Asked For
Closing Argument for the De-
sensc Sandc by Mr.. IIcIllwaine.

Petersburg, Va, Feb. 11.-tSpeciaL)-
This Is the seventh day of the trial
of II. II. Harris for the killing of w.
Il. Mallory, and again the courtroom
was packed to It's utmost limit Short
ly before the hour for the court to con-
vene 90 o'clock) the jury came into
the courtroom, and behind them came
the prisoner in charge of Sheriff Wat
son. The prisoner kissed his mother
and wife, who occupied their usual
seats. After the court had been opened
Mr.. w. B. McIlwaine, the leading ccnn-
sci for the defense, began his argu-
ment.
He congratulated the jury and felici-
tated himself that this case was draw
Ing to q close. The judge. jury, and
counsel, he said, have been arduous in
the discharge of their duty, and ut the
END OF the trial may each of us truth
fully say, Duty well and faithfully per
formed"
Mr.. McIlwaine said it was not his de-
sire 10 furnish the jury with the evil
oehce, but 1t was his duty TO go ever ali
the evidence and clucidate and Sift
1t. Mr.. McIlwaine said God knew he
had but one hope in this case, and that
was to help the jury in arriving at Il
fair and Just verdict.
MIR. McIlwaine declared that he was
going TO discuss this evidence i'm all fair
ness, that the jury might arrive at Il
perfectly fair verdict. Mr. McIlwainc
SAID mat Harris life had been burden
10 MN. He had been bounded for
months. which did not stop with the
Rllllng, but he has been bounded since
lie mas been prosecuted in this trial
prosecuted is not the word Mir. Nell
waine told the jury that he did not want
mercy Keep your mercy for cases
where mercy Is needed. We want even
handed justice. That Is all we want
Mr. Mcllwaine told the jury that he
would show them under the law tbot
they could not do anything but render
verdict of acquittal. Harris, MIR Nc
llwainc said, ought to go out of This
courtroom Il free man. Mr.. AlcIlwainc
stated that Mr.. Hamilton had made
OH yesterday afternoon one Of the clear
est succinctcSt, and mcst elouuent
statement OF facts that the jury mad
doubtless ever listened TO- He gave
them to you plainly, but honestly.
Mr. Mclltwainc said that before roiuc
over the testimony he wished to call
attention To some of the remarka bic
aspects of this ease. lie wanted The
jury 10 weigh every word that he sad
ana II lie was wrong 10 20 AGAINST him
but If he was right To 90 with him Nr'
Mclllwaine remarked that no case baa
ever Dristled with so many rcmarl1o bln
FEATURES as this case. Judge Hinton
mas said that Harris laid in wait for
mallory and relied on the evidence of
SiIiick' GlaHies aud John Dixie Mr..
Mclliwaine said if we should exclude
the testimony on which Judge Hinton
Hihged the argument he made before the
jury thcre would be nothing To conyict
the accused. Mr. McIllwaine criticized
very severely Gilllck's testimony: said
ne would not hang dog on Theodore
1iaaelrs testimony. Referring to John
DiXies testimony Mr. McIllwaine went
on TO show by the evidence Of witnesses
that no one saw Dixie at the scene of the
shooting at the time it occurred Mr.
Mclilwainc said Dixie was drunk that
night He spoke of John piXic's CON
duct at VIM. ELLIS that night ana read
ms testimony TO the jury 10 show the
discrepancies in DiXies statement NIr
Melllwaine said that Dixie testified he
fore the Coroncc's jury that he did not
see Mallory killed, but now he has The
braHen eifrontery To come here and sav
that he saw Mallory killed. Mr.. Afclll-
waine mere said: Gentlemen of the
jury, you are g!avcly asked TO place
confidence in the testimony Of such n
man." Are you going to believe that
Dixie saw this affair as he said he did?
Are you going TO convict Il fcllowlnan
on the testimony of such people? Mr.
Mclllwaine said when that man C;iIlick
was put on the witness stand by Judge
Hinton to convict Harris it made his
blood boil with Indignation within him.
He thought that he life or liberty OF no
man was safe If It was to hang on tes-
tmony OF such man as Thomas Gillick
/ is horrible. Mr.. McIllwaine said he
understood that CONFERENCE.-The Al.
torncy Jones disclaincd all responsible
ity for Giilicli being put on the witness
stand. Mr.. Jones renudiatcd Giliick
hut yet he was put on the witness stand
by Judge Hinton. Gillick is So low, yet
the prosecuting attorncw goes and has
him summoned as witness aud then
sravcly asks you, gentlemen of the jury
TO convict n man on his testimony 1t
Is horrible. Gentlemen OF the jury look
at 1t and weigh 1t well when You go
tlFo retirement. because these are facts
ana you cannot get around them.
Mr.. McIlwaine said the putting of
Gilllck on the stand was enough to have
made the jury indignant. as well as
counsel for the accused. Mr.. McIlwaine
said Judge Hinton had not accorded
nm the courtesy Of being present this
morning, for which he cared nothing
lie proposed to be very careful not to
say anything personal. He should be
more particular because Judge Hinton
was not present. Judge Hinton has got
ten up here and told this Court and jury
that every word Gilick told was true
What confidence can you have In the
Judgment of such q man. IL he believes
CHICKS testimony Is true. Here Is Gil
lick, self-confessed periurer, put on the