The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1897-04-24
CAPPs SHOOTING CASE.
1t Came Up fol Trial In the Corporation
Court Yesterday,
AAO THE PRISONER WAS ACQUITTED
Able Counsel Engaged on both Sides
ana the Case lasted nh Day -LcH.
~ Tells How tho SbOOtin. Occur.
Fcl-Bonfs Between Contend Isl X
Counsel zmeidenis ofthc TrinI.

Simon Caps. charged With fclonlous-
~ shooting w. Church Lewis in Il bar
on IalDott street, on the 18th Of last De-
ccmDer, was put on trial in the Corpora
ton Court yesterday. Judge Allan II.
Hanckel presided and the prosecution
was represented by commemorative
Attorney Duncan and Mr.. Robert ".
Shultrce, while the prisoner was de-
Tended by Judge Thomas H. Wilcox
and Capt. Alfred p. Thorn.
The case excited very general inter-
est and when it was called at 80
CLOCK, the court room was packed
With spectators
Capps sat near his counsel. fautlessly
attired as usual Hc seemed entirely at
ease ana beamcd Il confident smile on
several OF his friends who came in to
wish him good luck.
y few feet away and directly behind
Comm0nWcalth'S Attorney Duncan sat
Church Lewis, whose body was the tar
get for Capp's bullets
me Following was the jury selected
George G. BilluDs, w. NJ. Hannah, G. G.
Nctts. w c. Fleet. L. d. Smith. Fred
FIetcher, Brooke Taylor, X. b. Corncl,
j. Thomas Pccllc. J. Hugh Henry J. A.
Winston and j. Fl. Burgess. il.
1hc first witness called was DR.. South
gate Leigh who gave Il detailed descrip-
tlon OF the character and extent of
Lewis wounds. He was the physician
called 10 the wounded man.
LEWIS TESTIFIES.
Church Lewis was next called TO the
stand He reviewed the story of the
shooting and told how he had been sit
ting OH Il table in the bar-ruom when
Chpps entered and asked him to have a
drink lie had replied that he would not
drink with any man who talked about
MS brother as CappS had. Then the big
pistol was produced and the shooting
LOOK place. The witness said that CappS
had ordered him to knccl down before
he tired. which he refused to do
When crosS-cXanined Lewis said some
striking things about the sporting FRA
tclnity to which he belongs, one of
which was that they are tough people"
re also gave his opinion rs to what
constitutes y bad mall-''Onc Who car
res Two guns he remarked, by
way Of emphasizing what he meant.
mat preachers carry prayer. books and
nurdcrers carry guns" These s,rgcs-
tTe remarks were apparently intended
10 refer 10 CappS. Witness said lie didn't
carry pistol. being afraid that he
would use IT. When asked if he didn't
know that CappS. as the result or 4
beating he received some time ago had
10 remain III bed for a week on more
WIN Il plaster cast on his face he re-
piled no and then VOLUNTEERED The
opinion that the hnys who are stuck on
thtlf Siill)c lay up Tor awn!ic when they
get black eye" There MAS an effort
L" connect Lewis With the hrat:n. OF
tappS on the occasion referred, TO- but
lie denied IL very positively Indicating
however, that he knew who did il: said
ne was present. Counsel for the defense
Also tried 90 bring out through Lewis
mat he has frequently been Il defendant
III me Police Court but it was ruled ont.
Lewis remarked that he regretted tho
ruling OF the Court because the story of
ms adventures would read like !; Sc
novel Nr. Thorn remarked 10 Lewis
you arc not Il May morning sort of (cl
low, are yOu?' He admitted he was
hnt-lcmpcrcd. but insisted that his chul
litionS We're only wordy ones. ana thar
when II came to Il matter of character
ne, witness. was aces up
THE PRISONER TESTIEJES.
When couri racOnvcncd after a recess,
for dinner, simon CappS took the Stand
in his own defense. In suhstln;iation
or his plea Of self defense. he stated
that Lewis had rushed upon him ate!
making threats against him. Knowing
lnc character Of his assa;Iany he had
Protected himself with his rrv0lver.
several other witnesses were Cyamin
ca, ara aitcr spirited a;%umcu. over
| ne instructions. the case was given
TO the jury who, after being out fo~ Il
shC:t while. retu!ncd verdict Of no.
guilty. Capns shortly afterwards left
with his friends