Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1896-02-11
ARGUMENT BEGUN
IN TIE CASE OF HARRIS, FOR
KILLING MALLORY.
The Instructions-Every Point Cow
ered-openins speeche. for the
Commonwealth and Dcfence-MeIl-
waine and Jones to Speak To-Day.

PETERSBURG, VA. February TO-
Special )-when the Hastings Court met
this morning 10 resume the trial of Il. II.
Harris for the murder of William r.
Mallory. Judge Mullen, after ruling out
certain testimony objected TO by the de-
fence, read the instructions to the jury
which he decided to give. The defence
excepted to the instructions. They were
eighteen In number, and seemed TO cover
every point ON which instructions had
been asked for by both the prosecution
and defence. though. in some instances
in different language.
Judge ID. A. Hinton, who is assisting
the prosecution. spoke for three and a
half hours. occupying the entire morning
session OF the court. The afternoon ses-
sion was occupied by Mr. Alexander Ham
ilton, who delivered the opening argu-
ment for the defence. Both were excep-
tonally able and exhaustive speeches
During the progress OF the trial coun-
sci for the defence have noted many ex-
ceptions to the evidence offered. with the
view. II necessary. of taking an appeal.
Harris has borne up we'll under his
trying ordeal. and his calm demeanor has
been remarkable. He Is constantly at
tended by his wife and mother
JUDGE HINTON'S SPEECH.
Judge d. A. Hinton opened the case for
the prosecution. He reviewed the evil
dence and the Courts Instructions. and
called upon the jury 10 bring In a YER
diet of murder in the first degree. the
penalty OF which would be death. He
spoke of Harris as a murderer and assas-
sin. who deserved death for the crime he
had committed.
FOR THE DEFENCE
Nr Alex Hamilton opened tho argu-
ment for the defence as soon as the
court assembled this afternoon, speaking
for three nouns and twenty minutes Be
fore he started into the argument h
addressed himself TO some OF the r.
marks OF the learned counsel for tie
prosecution. He spoke OF Harr.s's HAVING
for nine long months ftood the most
terrible denunciations and vitupereion
that human tongue could devise Hsrris.
he said, had some OF the characteristics
Of gentleman gambler He was not
bully. nor ives he loud-mouthed. Te then
stated to the jury the cause of tht exist
ing trouble between Mallory and Harris,
and said: IT know of no instance In my
life, nor have / ever read of a nan who
was abused and treated as the prisoner.
and stood IT. think the ability Of Har-
ris TO stand abuse and threits, which
were always brought to his ears. was
marvellous yet he did So" Mr.. Hamil-
ton then addressed himself 10 the testi-
mony. taking up each witness as he had
appeared and testified. He spoke of the
testimony of detectives and police officers
as a class OF evidence least to be relied
upon. because. while emppyed In getting
up such evidence. they are liable to be-
come partlsans. as their ibility and repu-
tation are at stake. he concluded by
saying: THE instructions which the Court
gives is the law in thD case. / am not
going to appeal to you for mercy. Look
at the facts and the law, and when you
come TO decide the cfse, look at IL with
the face OF r. H. Harris, Jr., and put
yourself in his plac.. We do not want
anything that is MT right. Harris may
have a mother, wife, and four children.
but God forbid tlat l should ask for
mercy. Give justice: that Is all ask. II
you give this case the consideration which
l believe you viii. you will acquit him.
II there ever vas n case OF Justifable
homicide and silf-defence, this Is one,
and we confidently ask his acquittal."
Senator McIlvaine will conclude the ar
gument for The defence tomorrow, and
Commonwealth s-Attorney Jones will close
for the State.