The times. [volume] (Richmond, Va.) 1890-1903, 1899-08-31
IN PROGRESS AT HINTON.
Trial Of VI. Y. Harms for the Murder Of
Frank Nanstavern Begun.


HINTON. w. VA. Aug 29.-sDec.al-
The trial of tho case of the State VS.. VI. v
Harms. the policeman who on March Dist
last shot and fatally wounded Frank Van
stavern began to-day Judge j. NJ. Nc
Whortcr presiding.
The facts in the case are very few, and
late this evening The state. after adduc-
ing sufficient evidence To- establish a
stronE case of wholly unnecessary mex
cusabie and unlawful. II not felOuiOus.
shooting, rested Us case.
The evidence as introduced by the State
shows the following facts. According 10
the dying statement of NanstdveIu. which
was taken Boy Esquire Ewtrt a few hours
after The shl Otlug. NaustaEcrn SAYS that
DE had gone To- the home of John and
Madg0 DcV.ue 10 see John Deyiue. under
whom he had worked for number Of
years when "a resident OF Hinton. which
place Dee had Jeff only few months prior
20 accept position az Newark. o.. and
was knocking on Deyincs door when
Harms came up and asked HIM what he
was doing Nanstavern replied that IL
was none " Harms business Karns then
told him that he was Harms the police
man. and % consider himself under arrest,
WhcreupOn Nanstavern went off the porch
90 INC gate where Harms was. and told
him that he was not big enough 20 arrest
him. but started on with him. when
Harms took him by the arm. % which
NansfaNern objected. and told him he
would XIII him If he did not turn him
loose Harms turned him loose, but took
hold OF him again when Nanstavern
told him he would not GO Harms then
cursed him and drew HIS pistol, pointing
II no NdnstaVern. saving that he would
shoot him. and after some further ours
ing Vans avern barred his breast dropped
MS hands Do! his side. and said 10
Harms, You have not nerve enough 20
shoot me-" when Harms shot him On the
breast with q 3Scalihrc Colts revolver.
inficting "a mortal wound. from which
Nanstavern died the following evening at
s o'clock.
French Nickle. who was in an adjoln-
Ing building by an open window. c0rr0bO-
rates Nanstavern, but gives more fun
and graphic description NJ the affair than
that contained i'm the dying statement Of
Nanstayern which also revealed the fact
that Nanstayern told Harms before he shot
mat he had no pistol, and was unarmed
and that Vanstavern said after he fell
Now you have done 10; You have killed
me"
Thomas Brown. another witness. who
was in an adjoining building, testified
that Nanstavcn was with him nearly all
the afternoon and evening OF the day on
which he was shot. and that he had left
him lBrOWnJ only about ten minutes be-
fore the shooting. saving that he was
going over 10 John Devnes and that
afterwards he Brown heard him knock
ing lightly. and I'm just a few minutes he
heard a pistol shot ana Vanstavern CALI
ing him. when he ran out 10 him and
found him wing on the walk Nanstavern
said ne had been killed. and for him TO
run for a doctor, which he started 10 do.
but Harms drew his pistol on him and
stopped him. when he told Harms that he
was unarmcd and wanted 10 ~ for the
doctor. Harms. after some delay, per-
mitted him 20 90 on
The line Of the defence as vet cannot be
learned. but 70 is supposed that they VIII
attempt 90 set no the plea Of sclf-dcfence.
and that Madge DeVine was the party
that Nansfavcrn was really going 10 see
and not her brother. that Vanstavern was
knocking loudly. disturbing the c0mmu-
nifty and that Harms was dischargng his
duty So far the evidence adduced totally
fails TO show that any one was be,rg dis
turhed I'm the least and all the witnesses
who were near have given testimony.
The States side Of the case is being con-
Quoted by Prosecuting Attorney James n
Miller. assisted by r. y Read. assistant
prosecuting attorney. and State Senator
q. W. Osenton from Fqyette and Hon
W Y. Thompson. II Huntington. f. the
leading counsel for the defence who is as
sisted by Judgn a. r.. Helm. Frank Live
" and J. J. Swone. Of the Hinton bar
This is a strong array OF counsel on either
side.