Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-10-19
STEVENS IS ON TRIAL
THE EVIDENCE ALL HEARD, AND
INSTRUCTIONS GIVEN,
ATTEMPT TO IHpEAcH WITNESSES.
what the Commonwealth Has Tried
to Prove-The Defence Set Up
story of the auarreI-Interesting
Case I'm Law ana Equity Court.

All the testimony In the case OF the
Commonwealth against Thomas Stevens.
who stands charged with the murder OF
John Butzner. has been heard. the In
structions have been given by Judge
Witt and argument will begin at 10
o'clock this morning
Stevens, II will be remembered. shot
Butzner on the night OF the 18th Of July.
The two men lived with their families on
the second floor Of house at the corner
OF Twentieth and Franklin streets.
The Commonwealth attempted to prove
that the shots were fired In the rear OF
the porch, as Butzner was going down
the steps after a policeman, on account
OF the noise made by Stevens and his wife.
in the room.
J The defence was that the first shot was
| fired I'm Stevens's room to repel an assault
made on him by Butzner with a chair,
which was introduced in evidence. which
assault was preceded by insults offered TO
Stevens's wife. Stevens's wife attempted
| to take the pistol away from her hus-
| band but he refused 20 give IL TO any one
| but q policeman, and started down the
hall for that purpose. when he claimed
that Butzner seized him with an oath and
had him around the waist, when he hred
the other two shots In the air. for the
purpose, he says, of attracting attention
and securing help.
| OUGHT TO HAVE KILLED HIM.
The Commonwealth proved that soon ar
forwards Butzner fell. exclaiming that he
was shot. and the officer, in leading STE
vens down the steps, cautioned him not
| to step on the PROSTATE man. stevens
| said afterwards that he ought to nave
| kicked him down the steps, subsequently
making statement to the officer that ne
ought TO have killed him. The defence
was that Butzner came into the room 81
Stevens when the latter's wife was IN
dressed, and that he was ordered out
three or four times before he consented
10 go. and that after short interval ne
returned partly dressed, and as ne open
ed the door uttered the threat, Ri Tx
him." When he came into the room STE
venas wife, who was still In her night
clothes. demanded that he should leave
tho room. He abused her, and stevens
started towards him. Butzner lifted a
chair above hfs head and struck at ste
vens. who went TO the bureau, got PTS
FOL and fired. When Butzner came In the
second time Stevenss wife was In the ac'
Of telling her husband Of an Insult ouer'
ed TO her previously by Butzner.
Tho Commonwealth attempted 10 prove
that Stevens beat his wife on other ocea
sIons. but the Court refused to allow any
other beating than that alleged TO nave
occurred on the night of the homicide De-
ing part Of res tustae. :.
The defence introduced number OF
character witnesses, and the common
wealth introduced the dying declarator
of Rutzner taken at the almshouse re"
moments before he died, ana us huiiiiS
sion was contested by counsel Tor the ue
fence but objections were overruieu pS
,bo court. The statement in the declara
ton was consistent with the whole theor!
Of the commonwealth case The deienc'
rotod a number of exceptions during th'
trial instructions were offered last night
and argument will begin at 10 O'CLOCK I'M
morning .o,,o,, A
Iurvnan Lawrence, who was taken II
an Tuesday was far from well yesterday
hut was able to sit through the day pro
ceedings. Both sides attempted 10 III
peach witnesses on the other siue.
commonwealth -Attorney D. u h,on
ardson IS prosecuting and Messrs. Edga
Allan, Jr., and Roy Lewis are ueiehuin'
this prisoner.
IN THE OTHER COoni''
The case Of Howard F. Hamilton agains
the Union News Company was tried yes
terday in the Law ana EQUITY N0u'
Hamilton sued for $4,000 damages
seems that the plaintiff was emploSeu q
, q salesman by the News Company, an'
, on the 10Th of April had an arg
With an agent of the company, who oe
tanned him in the Office of the eo comp n.
for an hour, and on these grounus ,.a ~
brings tho suit The jury brought In yer ,
dict in favor Of the plaintiff for sl,yv' an
usual motion TO set aside the Veruio' wa
Judgment was rendered in favor OF III
virginia. Trust Company. Administra'o
Of JeG' powers, against Mrs. NJ. }; T., Br, !!
tom for ss2s subject to credit OF ,S s'V ~
I'm IN the Circuit Court of Richmond n,,, IN
emit Of Rothert & Co. VS.. w. NJ. b'che'
was dismissed.