Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1897-05-08
A JURY'S BLUNDER.
Csntlnued from First Page.
SAW HIN DO NOTHING WRONG.

about ten minutes.
SAW HIM DO NOTHING WRONG.
Ives on Mr.. Lowrie's farm in all for
about twenty-five minutes, and il j
had seen the prisoner do anything
wrong as has been stated, would
have certainly assisted in capturing
him. 1 have known Mayo by sight,
but do not know where he lives"
Henrietta Trimmer, (colored) who
lives in the lot OF Mr.. Lowrie's said
that she saw the prisoner inside OF
Drewry's mansion at ire gap ard not
at MIR. Lowrie's property. when
Brown came by was in my house
Mrs. Eowrie call, d my attention to
the prisoner before Brown came. Mrs
Lowrie called my attention to him
twice, and each time 1 saw him inside
of the Drewry's mansion lane" Wit
ness persisted that she had seen the
| prisoner only in Drewry's mansion
road. She did not hollow TO Mr.. Low
RE to stop the man.
MRS. LowRIE CONTRADICT ED
the field towards her husband, and she
did not say anything. She did not see
the prisoner make any signs nor did
she hear Mrs Lowrie make any re-
marks to that feet.
William Richardson (colortd) who
lives at Drewry's mansion, saw the
prisoner on Sunday moi ming 60
through Drewry's mansion gate. He
had heard nothing in regard to the
charges made. He knew the prisoner
but did not know where h lived. Wit
ness said he was cleaning fish at the
time, but he could not tell what kind
of fish they were either crCaktrs or
bunkers.
IN his OWN DEFRNsE.
Counsel for the defense tn with
drew for a biief constellation after
which the accused VAS called to the
S, and. who made the foll, wing state
ment:
IL am about forty years old AID live
ia Sw ansbJro. l am working for the
B lie Isle Company. / went cut last
sunday morning before breakfast.
have been suffering with strain and
went 10 get some elder from which
wanted to make tea. / did not see
Mrs Lowrie and in fact I did not SET
any woman at all
HOPED GOD WOULD PARALYzE BIN.
II that is not the truth, God may
para lyze me. L am a married man and
, have two small children. The only
man saw out there was John Brown
saw him in the Drewry Mansion road
had not seen MIR LOwrie or Mr.. Ho-
beck at that time / did not before
. last Sunday know Mr.. or Nj is. L1wrie
nor did l know where Mr. Anderson
, or Mr.. Hobeck lived.
4 was in the Drewry Mansion patti
when Messrs. Lowrie and Hobecl
: spoke to me. / told them not to shoe
and threw up my hands. L had moth
= ing TO protect me and when they sho
at me tried to get away as best
= cot id.
!, UNDER THE FEi CE.
I did not jump the fence, but u en-
} Under it There is ditch there ab0u
: three feet wide and did not try T.
b jump it. did not go on Mr.. Lowrie'
B farm"
, On cross-examination by Judp
= Clopton the accused gave the follow
I ing additional testimony
e Il live on Decatur street, near MI
4 Vad ems gate in Swansboro. got tn
elder on the other side of the Drew
Mansion. / ran az ay from Mr. Low
rie and Mr.. Hobeck because they she
at me. did not jump over the fence
notw outstanding the fact that Jer
uings and Traylor said so hav
been in that neighborhOod only twic
before during last winter"
O RRoBoRAreD HIS STATEMENT.
Dick Claiborne (colored) who know
l. the accused stated that he had hear
d him complain of strain Similar eN
iderc4 was given by Sam Harris, ais
:, colored.
o Mr. James Hollinay, for whom til
e accused was working. said that the lai
+ ter had complained of strain ls'
! summer. thereby lost day occasion
ally from his work, but he had nc
Il heard him say anything about it IT
'e Gently.
+ The defense here rested the cas-,
= and John Brown was called back b
Judge Clopton in rebuttal. He sal
: he had seen the accused in the neigh
q bOrhood about three or four times IT
: Gently.
e THE HUSBAND TALKS AGAIN.
# knew Henrietta Trimmer, and she no
lowed ut him on SUNDAY morning (
n catch she man, or some remark to tha
: effect.
t, Mr.. Hobeck, when recalled, said I'll
# wire fence was about four feet hig
where the accused jumped over it.
: The jury was then taken from tn
j. room to enable counsel to sHbmit tn
{ instructions, and argue them befor
i the Court. Judge ClOp'on in submit
II ting his instructions on the part of tn
n Commonwealth, made very able al
gument.
THE DEFENSE MAKES ITS PLEA.
:, Mr. Gsrnett next read quite a larg
r number of instructions, ard Capital
n Wise then commented on the instruc
o tions submitted by the { Commonwealth
Some dispute arising over the TESTING
II ny, as given by Mrs. Lowrie, it wa
i suggested by Judge Clopton to adjour
II the proceedings until this morning,
= order that the testimony of the lad
might be written out by the stenoc
It rapher and submittt to the Court
c The question under discussion wa
Il as 10 whether Mrs. Lowrie had state
II in the morning that the accused stop
Y ped following her on Sunday morning
5 " hen she herself stopped as soon q
4 The saw her husband returned to til
house
Il TIE JUDGE DIFFERS.
: Judge Ingram stated to couns ell i
slluding to the instructions submitte
by both sides, that he somewhat dii
fered from their views. He was of tn
. opinion that two essential points ha
to be considered in connection wit
tile case-the attempt and the inten
! of the assault-and he would leave
!. to the jury to decide these facts.
In view of the ference of opinio
( as to the testimony given by Mrs Low
RE, it was intimated by counsel fo
the defence that they might desire I
recall that LADY in the morning, an
the Court declared that there would b
; no objection to it.
n THE JURY KEPT TOGETHER.
The Court then adjourned until /
O'Clock in the morning, and the jur
|" WAS turned over to the care of Sci
Reant Fitzgerald. who was instructe