Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-10-11

was hiAt'I one. ana mat iihlilvn
had charged In "A circular that Flana-
gan was guilty OF intent TO defraud the
county, knowing at the time that the
charge was groundlcss.
Continuing. the counsel said he expect
ed 90 show that Pilknton had made
threats that he would kill Flanagan. and
had expressed regret that he had not
done so sooner The prosecution. Mr..
Lcake stated, would prove that Pilkin-
ton had said before the killing that his
circulars were issued for the purpose OF
running Flanagans character, and had
further asserted that, III Flanagan
crooks his finger at me- I'll Kill him.
The killing. with which all are familiar,
was described by the lawyer, who said
he would ask for a verdict OF murder
IN the first degree.
II. NJ. SMITH, JR.
Mr.. smith replied to Mr.. Leake. and
set forth the defences side of the case.
In the outset he said, with emphasis,
that he expected TO prove an absolute
case OF self-defence. He then reviewed
the Commonwealth -Attorney contest,
setting forth that Flanagan was Re-
publican and Pilkinton a Democrat.
I'VE expect 10 prove" continued Mr..
Smith. that Flanagan was known,
physically. as one of the most powerful
men In POwhatan county; that he was
known far and wide as a dangerous man,
given TO brawls and quarrels, and that
he threatened to hound PilMnton from
the county, asserting that ne would first
lick him politically, then lick him with
his fists, and II he was too great a
coward TO fight, he would run him from
the county"
Mr.. Smith, in describing the tragedy
at the courthouse door. asserted that
Flanagan had attacked Pllkinton like a
wild hyena." giving Pilkinton every
reason TO believe that he was in danger
of death or serious bodily harm.
THE FIRST WITNESS.
Or. Il. d. Tucker was the first witness
called for the Commonwealth. He was
present when Flanagan died, and testi-
fed that il was his opinion that the
bail which entered the deCeoents pody
had penetrated the left lung and severed
the aorta. Witness testified that he had
seen some powder marks on Flanagan S
right hand.
DR.. William H. Bening next testified
and corrOborated the statement OF Dr.
Tucker.
WINFREE OK THE STAND.
The next witness called was Mr.. p. w.
Winfree, a constable OF the county. IL
r.
when the fatal shot was fired and much
interest attached 10 his evidence. 'Ori
.Tulv 3D." he said. Il assembled the. court
house steps and saw Mr.. Flanagan
emerge from the courthouse and start
toward Mr.. Pukinton, who was standing
on the portico. flanagan hrst passed
around Piikinton and then attacked him.
striking him several times. Pilkinton
threw up his hands and broke away, ara
ar. Goode. who was standing by, grabbed
FLANAGAN. Pukinton then drew his pis-
tol. and 1 sprang up and commanded the
peace. 1 grabbed for the pistol, and the
barrel passed through my fingers as the
shot was fired"
ACTING The TRAGEDY.
The pistol was introduced in evidence.
and the Jury were taken 70 the vestibule
Of the courthouse, where Mr.. Nintree'
with the pistol IN hand, exempthed the
rragedr. himself enactng the part faken
bv Flanagan. with Mr.. Smith IN ne role
NJ PUkinton. Mr.. Winfree asserted max
the prisoner was several feet from the
decedent when the shot was fired though
NTr smith cross-examined him WIN a
view 10 showing that Flanagan held III
kinton about the throat when the nhot
yyas fired. witness adhered 20 his orls'-
nal statement that the two were apart AZ
the fatal moment. ,. .
Nr Wmfree. when asked II ne was
Republican. said he was not.
Il am a good Democrat, and never Nu'ou
for any Republican, except FOR a county
Office" he answered
When first Intercepted witness oehieu
that he had heard either Flanasah vi
Pukinton speak. but he subsequent! 90
serted that Flanagan had SAID as the Tno'
was fired Il am a dead man.
CROSS EXAMINATION.
Mr. Smith conducted the cross-examina-
tom of the witness and dwelt at some
length on the witness politics. NUT,
"Did not you tell Flanagan mat FllH S,l
ton was on the poruco! asKeu NIL
Smith .r ma M.
II did not" replied witness l u'a not
know PilkintOn was on lhe sI'ul''ii.u a.,
Cep,oin Wise then took the witness III
- and mt him through q rigid cross
examination. ,ro. VYana-
..o, dii not have the accused by 'he
tb~oat when the shot was hreu
CAPTAIN Wise.
Yves. sir" was the reply 49,. ho,,o
..[t-tii Won swear that he did not nave
him, Nv the throat at any time during the
fracas?'
or will ,,.ou IN.
Ne Vinfree held his own very wei Gu l,-
.,-, the rigid cross-examination TO WIlI0i,
5ros subiected. though he was Hlppeu
,,.a or twice in minor details.
FLANAGAN HARD TO HANDLE,
-. T1o0in, was recalled and testihe
49, he saw Plkinton shortly ailer 'n'
trecedv and found him in cohuitlOn "
'- coilapse. The accused ulu NO
i.r('r. at that time that ms shot ia,
,~oved fatal. and when 50 lhloi ii.9'' % 90
messed great regret. WINES -
mar Flanagan was looked upon do " no.
man TO handle in hght' ..., 81.
Mr.. L. w. Reams was next 81 ~
- AZ the courthouse on July o. DIV
d trooodv. He told how Flanagan
"a emerred from the courthouse an.
attoclod Pnkinton, beating MN nv
(,.C,,cbinp attitude and further le'''l''
- Mr. Goode caught Flanagan any
1iii,trtor broke away and fired. lie ~''
,,ct think the two were more thah 4eS
irches apart when the shot was III ~
Ivrness was looking for shot " -
al bacause Pilknton had said ne Noui'
Kin Flanagan if he ever attacked niiii'
AN OBJECTION.
The defence objected 10 the h 49,
,io, M antecedent threats as eNiue"0o
and the Court overruled the ooJe
Mr.. Smith expressed desire 10 ~ - ~
~ lint and asked the prosecution u
- other witnesses upon the stdnu
Mr.. Allen said the Commonwealth di'
NOT expect 10 DO so. ,t,
NO o,rhtre are other eye-witnesses'' sal'
~ certainly there are" calculated th'
Curt end ~ either side is afraid TO pu