Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-10-12
P|LK|NTON'S THREATS
Prosecution Trying to Prove He
Said He Would XIII Flanagan
THE CIRCULAR INTRODUCED.
II Vas This Paper That Caused The Be-
ginning Of The Peud.
That is To Say, 1t Was Again Erem-
pIined Upon the Court-House Por-
THE TRAGEDY DRAMATIZED.

POWHATAN COURTHOUSE. VA, Oc-
tober n.-(Specla1.)-The Pilkinton trial is
not progressing az rapidly as had been
expected. and the prospects now are that
a verdict will not be reached before sat
urday, II then.
The Commonwealth occupied all of to-
day in the presentation Of testimony, go
ing to show that Pilkinton provoked
Flanagan into making the assault upon
him, and shot him only after danger to
his person had ceased. There were, how
ever, some few discrepancies in the tcstl-
mony. and the case thus far made out by
the prosecution Is not a very strong ore.
There is great interest being manifest
cd, and much suppressed excitement is to
be observed on all sides, and though ru-
accused are to be heard, they erl.nate
from irresponsible parties. and no iEpor-
tance is attached to them.
The Commonwealth introduced fifteen
witnesses, many Of whom were present
when the shooting occurred. Others mere
~ testified to the threats alleged to have
been mado by Pilkinton prior 10 the
shooting and 10 the circulars in which he
alleged wrong-doing on the part Of MT.
Flanagan.
Immediately after court opened the
question OF the admissibility Of antece-
dent threats as evidence was argued.
ANTECEDENT THREATS.
Mr.. Smith contended that nothing Pill
kinton might have said prior to the homi-
eide. even though it were threat direct
ed at Flanagan, was testimony, because
the ARRAY leading directly to the killing
was precipitated by the decedent. He
cited as authorities Bishop and Wharton's
Criminal Practice.
Mr. watkins replied at some length, as
sorting that all authorities ou the poiu'
prohibited the Introduction Of threats
made By the decedent ana not by the
accused.
CAPTAIN Wise argued that no case I'm
the textbooks cited was competent to be
used as illustrative of the case at bar.
He made an imprisoned appeal i'm behalf
of his contention. az the same time elo-
oueutlv pleading sclf-defence in behalf Of
his client.
The court took recess for half hour 10
review The authorities, after which Judge
Miller decided TO admit the testimony.
Mr.. l.. W. Reams. the witness who was
on the stand when the court adjourned
Tuesday night. was recalled and he re-
heated conversation he had with Pill
kinton prior to the homicide. in which he
quoted the accused as saying that before
he would put up with Flanagan's treat
ment he would Kill him. Witness did not
reeard this as a threat, but more In the
nature Of a statement Of man driven 10
by.
PILKINTON'S THREATS.
The prosecution plunged directly into
the threats alleged to have been made by
the accused, and Mr.. Doddridge Gregory
was called to the stand. lie related a
conversation he had with Pukinton just
subsequent to the Norfolk and Western
suit, when Flanagan severely arraigned
the ACCUSED. and the accused told witness
that me had a pistol in mis- pocket. which
he would use on Flanagan if he ever
crooked his finger at him. His remark.
witness said. was: Flanagan is bully
with his fists, but ne is afraid of pis-
toI"
Mr.. Gregory testified that Pilkinton had
told him that m a political meeting nc
Clayyille Flanagan had ordered him 90 be
searched. Pilkinton then quoted himself
as saying 90 Flanagan: you had better
come and search me yourself; If will be
the last search you will ever make"
Witness. under cross-examinau0n. tes-
titled that he was "a Republican. and was
postmaster at Chula. I'm Amelia county
John Archer, a cOlored magistrate at
Amelia. who was present when. the con-
versation related by Mr.. Gregory took
place. was next examined. He corrObo-
rated 10 the mnuetcst detail every state
ment made by Mr. Gregory adding that
Pilkinton entertained no animosity to-
ward Flanagan. and hoped the differences
between them would De settled.
john Robinson. VI Amelia was the
next witness. lie was on a railroad
train with the accused i'm May and over
heard him say: "All that Flanagan
wants is somebody 70 stand up 10 him;
If he fools with me. I'll kin him"
FLANAGAN TOLD or PILKINTON'S
THREATS.
William Lancaster. ex-Commonweal.h's
Attorney Of Cumberland county. related
a conversation which he had with pix
inton when the accused said if Flaua-
gan nterfered with him he would Kill
him. This conversation, witness said, he
had repeated 10 Flanagan.
Under the crOss-eXamina ton the Wit
ness said he was a Republican ana
great friend Of Flanagan's.
h. X Adams sheriff Of Cumberland.
was with Mr.. Lancaster when the above
conversation took place. and corroborated
tho preceding witness testimony.
J. H. Stratton, Deputy Treasurer OF
Goochland. related a conversation he had
with Pilkinton. Ia which the accused told
him he was getting out circular which
would ruin Flanagan's character.
G. ". Crowder. OF Richmond, testified
that Pnklnton had threatened Flana-
aan's life in his presence, but witness
attached little Importance 10 the threat.
Dismlssing further consideration OF
threats. the prosecution returned 10 the
consideration OF the homicide. and in
troduced Mr. r. l.. Lee. nephew OF
General X. f. Lees who saw the kill
ing.
His version Of the ARRAY differed In no
essential particular from that Of the
preceding witnesses. He thought PHkin-
tom was in a dazed condition when he
fred the shot The blows given by Flan-
agan were fast and hard. witness said.
THE TRAGEDY ACTED AGAIN.
At this junctuYe another dramatic IN
cident in the trial took place. The court
adjourned TO the portico and there Mr.
lsnI