Evening journal., 1896-11-11
HENRY ALLOWED TO GO.
He Was Cleared of Murder in
the First Degree.
WILLIS CONVICTED AS INDICTED.


BUT THE COLORED MANS COUN-
Sell MOVE FOR A NEW TRIAL.
MIR. WHITEMAN ALLOWED UN-
TIL FRIDAY TO FILE HIS REA-
SONS.
Thomas Willis jury returned yester-
day afternoon with verdict of guilty
Of murder IN the FIRST degree for kill
ing his 2-year-old daughter on May A
last, near Thompsons bridge. Mill
Creek hundred
When court reconvened yesterday af-
ternoon the Willis jury came in and
Foreman Walter W. Morgan stated
that IL had agreed that Thomas Willis
was guilty as indicted. recommending
him TO the courts mercy. AS the court
can show no mercy. where the punish
ment Is DEATH it Is thought that the
verdict will be used by counsel for de-
fence In obtaining q commutation OF
sentence from the governor
TRYING THE IENRY CASE.
The trial Of William Torbert Henry.
for shooting and killing William Wig
gins. was then resumed.
This jury was finally selected: David
w. Stats. John N Mitchell George X
Powell, Elias ~ Davis. John c. Arm
strong Frank Mclaughlin, John David
son, Frank w. Morrison. Isaac j. Flynn.
Caleb M. Price, Ambrose McVey, John
J. Wilkinson.
The state endeavored to prove that
Henry had killed Virgins at Ebenezer
camp ground because the latter had
shot his brother Josiah Marvel and
Frank Brockson appeared for the pris-
oner and began twisting up witnesses
at the start.
Annie M. Brinkley swore TO seeing
Henry grasp Virgins by the left hand
and shoot him in the stomach. Wig
gins then ran toward the woods and
Henry fired after him. Mary Brown
told about the same story as the pre-
ceding witness, but got badly mixed in
the cross-examipation in regard TO in
which hand Henry held the revolver.
George Armstead was at the camp
ground when Virgins was shot. He
was eight or nine yards from the two
men. both of whom had revolvers.
Henry caught Virgins by the hand and
fred. Virgins cried out that he was
shot and Henry fired at him again. The
wounded man then ran into the woods.
Lewis Hall surprised the attorney
general by denying that he had ever
seen the shooting. He saw the two
men together and heard the report but
that was ALL When the body was found
| its condition was fearful"
] Deputy Coroner j. r. Chandler told Of
/ finding the body Howard Bucher was
with Virgins when the two men met
on the camp ground. and words ensued
over the shooting Of Henry's brother.
| Virgins said:
"l'l shoot the man who accuses me
Of shooting him. (Meaning Henry's
! brOther)
Andrew Price saw the men with re-
volyers in their hands and heard the
report. but could not say that Virgins
was shot William II. Lockerman and
Charles r. Chase heard the shooting
Constable Crockett testified 10 arrest
ing Henry The constable said that in
passing his home Henry said 10 his
wife: THAT mans dead.
Detectives Witsil aud McVey and
Coroner Stidham swore that when they
had taken the two revolvers from
Henry's house, one was pointed ont by
Henry as that with which he shot Wig
gins
SUMMONED TOGETHER AT NIGHT.
AT the conclusion of the afternoon
session. the state prosecutors feeling
that the man was not guilty and that
it was purely case of self defence, so
notified the bench and the court acqui-
esced
After court had taken a recess until
10 o'clock this morning, the judges met
last evening and hurriedly summoned
counsel for the state and defence. The
jury was brought into court, and Chief
Justice Lore Instructed the jury TO
bring In a verdict of not guilty the at
torney for defence by breaking down
the testimony. having shown that the
dead man made the attack and that the
shooting was in self defence.
RELEASE OF WILLIAM T. HENRY
William Torbert Henry. stand upl"
said the court this morning. soon after
it had recOnyened at 10 o'clock. You
have run q very narrow risk From
the evidence in your case IL seems that
you carried o concealed deadly weapon
a direct violation of the law. and that
others of your associates carried them
and that, too at a religious meeting
Now this is not a lawless state. A man
does not have to carry a weapon 10 pro-
tect his life or his rights Now you
must take warning and tell all your
friends that they make themselves
liable to severe punishment for carry
ing pistols
Fortunately for you. public senti-
ment has 50 tempered down and favor
able facts have come to the surface. so
that the encouragement has recon-
mended to the court that your case be
abandoned, self-defence having been
sufficiently shown. Now you may go
where you please You may thank your
friends and your Creator for your de-
liverance from the shadow Of the gal
lows"
Henry walked out from the box and
spent some time shaking hands with
friends in the Court House building.
WANTS A NEW LEASE OF LIFE.
Attorney Harry Whiteman made
motion for a new trial in the case OF
the State VS.. Thomas Willis, convicted
for the murder Of his child. Mr.. White
man cuhuiffpd no aro11uopf huf was