Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-11-21
He Takes the Witness Stand in His
Own Behalf.
HIS RECORD IN The ARMY
Prayers Submitted by Attorneys on
Both Sides.
I 0 D A US ROC RES S

| the former volunteer soldier accused of
| the murder of a comrade. Aaron d Bisbon
while in the 9th street depot May 81 last.
| was resumed today before Justice CIa-
oaush. In Criminal Court No. l. it was EVIL
| oent that interest in the proceeding was
uhanated. The court room was well filed,
| the bailiffs declining to admit MANY who
| sought entrance.
The defendant paid the closest attention
| to every word spoken. Near him sat sev-
| efai friends. They are, for the most part.
iesioehts OF this city, who have interested
| themselves in the welfare of the Young
| man since his arrest
| me case of the government was con-
elIaeo late yesterday, the court being IN
| session until o'clock After The Stars
| report of the trial closed Policeman James
| o. Kramer, Luther c. Ball, an empioye of
L. raiIroad company; J. c. Carlin and
| orsla, We're called to the witness stand
Ihelr testimony was In the line of COR
roooration of that of the witnesses who
| preceded them, namely, that Tharp fired
| several shots from a revolver in rand si,c-
cesslon the weapon being pointed in the
altec1lon OF Policeman Acton. One shot
| struck Acton and another ended the life az
| Bishop. There was a large crowd In the
J depot at the time, but when the shooting
began hasty scattering followed
| Points In the Defense.
| IN explaining the position of the Defense
| Attorney Beall explained that much of the
| testimony in behalf of Tharp would be by
| AFFIDAVIT to demonstrate his good charac-
| Ter. Attorney Beall further stated that he
expected to show that Tharp and his COM
rades, upon reaching Washington hungry,
| I'd ing had nothing to eat since morning of
| the 3lst of May, had started ont to get
some rcod and see the town; that they en-
,ereq some saloons, partook of the free
lunch and drank to some extent Tharn
| returned to the depot but the LIQUOR had 90
| allected him that he knew not what he was
| doing and was not responsible for his
| uSeds. counsel declared that it would be
| SHOWN that there was no intent to kill on
! the part of Tharp. but that the bullet
Whlch struck Bishop was fred aimIessly
Sins Gui ins d struggle which ensued after the
| Hring OF the first shot.
| Inc nrst witness for the defense this
morning was j. II. Brinckner, whose home
| IS at west Point, Miss but who has been
IN the government service in this CITY fc.
| the past six years. Mr.. Brinckner testified
manly as to certain measurements he had
| made at the place where the shooting oc-
CURED.
Attorney Bean next read affdavits to tba
number Of sixty or more, from prominent
| residents of Mississippi, Tharp's home, and
| from MS comrades in the United States
military service. These afffdayits were
unanimous in declaring that from infancy
Iharp has been sober, industrious and
Woodworking, and although wholly un-
| educated and illiterate, had never been in
| or last May, for which he was then on
trial.
Defendant Testifies.
AT the conclusion of the reading of the
| afidavits the defendant took the stand.
He explained that he has wife and child.
Prior to his enlistment in the volunteer
army he had never been more than 100
| miles from his home In Mississippi. and
had never had the advantages of any form
r hot IL
! reading and writing he has learned since
his Incarceration in jail here.
Continuing, Tharp spoke at length Of the
service of his regiment in Cuba; of the re-
turn to the United States; of the muster
| out at Camp Meade and of reaching Wash
lngton about O'Clock the evening of May
81 With two comrades Tharp attended
theater. and after the performance the
party obtained something to eat. At that
time Tharp took a drink of whisky. With
his comrades he started for the depot to
take South-bound train, and on the way
stopped in saloon and took another drink
of whisky.
Il didn't remember anything more" de-
clared Tharp, until l came to in hospital
and realized that a doctor was working on
some cuts on my head. 1t all seems like a
dream to me-"
When he reached Washington, he said
he was hungry. At Harrisburg, on the way
here, he drank one glass of beer. Tharp
declared that he never INDUCED IN the use
of intoxicating liquor until his service in
by advice of the surgeons. The evening of
the S1st of May, the defendant declared
he was not voluntarily intoxicated" He
and the deceased had always been good
friends
Is Cross-EXamined.
On cross-examination, Tharp explained
that he had bought his pistol in Harris
burg the morning of the 31st of May to
protect himself because people there were
robbing the soldiers" He denied that he
had used to a local newspaper reporter
soon after the shooting the following Ian
guage: Il bought the pistol to kill a SOL
der who has done me dirty"
Ailege He Was Dragged.
After recess Attorney Beall introduced
affidavits made by the two comrades of
Tharp who were with him the evening of
the 31st of May. They set forth that the
defendant took only two moderate drinks
of whisky that evening. The afiants. how
ever, declared that they saw the bartender
put something in the glass, which at the
time they thought was fiavoring, but
which they now believe to have been a
drug. Soon after taking the drink Tharp
appeared TO be crazed. According to the
atlantis, many other soldiers were drugged
and robbed while in this city the 31st of
May. While in the service, stated the afi-
ants, Tharp was always sober and bore an
excellent reputation.
The defense announced It's case closed at
this point. In rebuttal the government ,
called Mr.. Frank B. Lord, a local news
paper reporter. Mr.. Lord testified that at
the Emergency Hospital about an hour
after the shooting Tharp stated to the wit
ness: Il bought the pistol from a pawn
broker in Harrisburg to shoot a soldier |
with whom l had trouble at Santiago and |
at Camp Meade"
Counsel next submitted TO the court pray
ers for instructions they desired to be given |
the jury.
The attorneys In the case were discussing
the prayers offered at the time The Stars
report closed.
Southern Capital in Illinois,