Daily press. [volume] (Newport News, Va.) 1896-current, 1899-07-22
THE FATE OF BATES
Will Be Decided by the Jury
Probably Before Sunset.
AN UNEXPECTED DEFENSE
The Prisoner Sw.ars That Ha Did Not
shoot Charles Nilkerson. His Evil
dencc. Testimony of Oiher Wit
Argument Today.
AN UNEXPECTED DEFENSE

min F. Bates in its hands. viii have
decided wat that fate shall be.
Not unt.l yesterday did the prisoner
counsel outline their line of defense.
AS the evidence proceeded ii developed
that the prisoners defense was thar
he did not shoot Charles Wilkerson ~
all. but thai some one else. believed
TO have been Clarence Adams. the 9th
er soldier. cid the shooting.
II was at first generally thought tina
the prisoner would admit shooting
Wilkers IN. claiming selfdcfense in jus
tifcaton. ard therefore, the declaration
that he did not fire the fatal shot was
somewhat of :; surprise. although Their.
We're indications in the cross eXamina-
ton Of the COMMUNICATIVE witnesses
that the sclf-tlcrcnsc would not be the,
plea.
The Commonwealth rested at 1920
\. NJ. yesterday. having put on its
last witnesses. two in number. Willie
c. Cosby was in the Wilkerson party
on that fatal Saturday night and saw
the shooting: His story did not differ
materially from that Of the other Wit
ncsses.
DR.. Hugh Taycr. OF Richmond, was
the other witness for the Common
wealth. He testified as to the autopsy
the character Of the wound which
caused Charlie Wilkersons death. He
said the ball crlered Just above the
navel and a little 10 the left, and c0urs-
ing downward pic reed the alimentary
canal sixteen tines.
The defense holds that such Il wound
could not have been inflicted by man
lying on the ground, as the Common
wealths witnesses testified Bates was
lying when he fired the fatal shot.
The defense put n. l.. Vernon. a
printer. on as its first witness. This
man was Wit, Bates all during the ev-
ening and during the fight He said
that he heard Bates make no threats
and sworc that the ball which struck
Wilkerson was fired by Clarence
Adams, the soldier who was With Bates
a the time ana who has since abscond-
ed
S. y. Alexander could not testify p,s-
itively on this point but his evidence
was confirmltnry.
DR. Louis Loeb testified Ia dressing
the injury on Bates head made BY Will
kerson in 4 fight which occurred be-
tween the 40 men three days previous
to the shooting.
Charlie ito,cy did not see the sho5
ing. bur witnessed the chase for Bates
after 1t was over and sworc that the
officers fired III Bates before he fired
upon them. He also said that there was
nothing In the appearance Of the pur-
sucrs to Indicate that they were Off
GERS at that me
At THE. BALM.
Court rero:,yened at :, o'clock With
]. w. Butler. Perier's bar tender, on the
stand testfying to the fact that Bates
was in his place on the Wednesday
night before the fatal shooting. ana
just prior TO the alleged row ana fight
Iwenty-eishlh street,
This Tine Of evidence was objected
TO by the COMMUNICATING Attorney
His Honor ruled that any evidence as
TO Rates condition was admsS ible bu.
not testimony as to what he said
This witness testified that Bates, so
far from being anxious to 60 up stairs
TO the dance that "Wednesday night.
was rather unwilling to go. Bates was
not drunk during the night The Wit
ness was not cross examined.
W. G. Runklcy bar tender Of r. J.
Mackey. vas the next witness He
saw Bates on the Saturday night OF the
shooting. Bates came in the bar and
asked him 20 lend him pistol. Wit
ness did not comply with the request
ana did not know what Bates wanted
with the weapon Stcnnett was witt:
Bates
This witness was also excused with
out cross examination the Comm IN
Wealth's Attorney apparently consider
ing that na had said all he could say
that would benefit the prosecution
y delay Of some minutes ensued Gu-
ring which effort was made to find
an absent witness but without avail
Inc defense lien placed the prisoner
benjamin T. Bates. upon the stand.
PRISONERS TESTIMONY.
h'ates s1:d ne vas twenty-six wears
old. lived in Kentucky enlisted in
Louisville April 18th. one year ago"
in Battery T., Sixth Artillery.
The witness said that between 8 ana
o'clock IN the afternoon of the Sth
Of last Api!l. hc got on The street car
to come u Newport News to bid his
friends goodbye his battery was
going to Manila. Adams joined him
ana ne nct Vernon. who invited them
10 supper, l'oWn south Of Twcn.y-fifth
street he So q man standing in a door
ana. knowing his face but not his
name. babe him good bye; then they
went and saw Al Ha!cy.who cxpresSe
surprise at seeing BATES alive. Bates
told him that he wanted to So, hos,
fellows (Wilkerson ana his crowdD 10
make friends with them before going
awya as nc never left place Yet !eav-
ing any enemies behind him
He had D@en gwen to understand that
Iolly Da"Is had his knife and he sent
message - Holly 10 send il to him
Bates AMI niS party then starred across
The ira X ANA met the other crowd
some one asked Eol!y il he had Ren.s
m