The evening times., 1899-11-21

l
The trial of Dock N. Tharpe the former
volunteer soldier. charged with the mur-
der of Aaron d. Bishop, was resumed to-
day before Justice Clabaugh. The attend
ance was as great as on yesterday, and
the interest in the proceedings seemed
deeper.
The defendant. Tharpe. appeared even
| more at ease when he entered the co irt
than when first called for trial. St IL
dressed in his uniform. he took his seat
| Immediately to the rear of his attorney,
| Major Fred Beall, and next to some la
dies who are interesting themselves in his
behalf and who have been present since
the proceedings commenced.
The first, witness called for the defence
was J. ii. Brincker, an employe at the
| City Postoffice. The witness came here
from West Point, Miss, and has been in
Washington six years. His testimony had
| IA tendency to prove that the shot fired
by Tharpe. which killed Bishop, was not
fired at Policeman Joseph Acton.
Mr.. Brincker has made a very careful
examination of the scene of the shooting,
and had drawn diagram of the place from
which he replenished his memory as he
testified.
lEe III lHG lFlal was
shortly before noon, when the defendant
was called to the witness stand TO testify
in his own behalf. When Tharpe was called
upon by his attorney TO take the witness
stand, he showed a plain disinclination to
do so. He then held a brief conference
with Major Beall. after which he obeyed
the summons.
After telling his name, place of birth and
age the witness said:
Il have wife and child. My father was
poor and received 10 education. The lit
tie l do know row | was taught in Jail
here. l had never been out of the State of
Mississippi before enlisted as soldier.
In fact / had never been a hundred
miles from home"
Concerning his life on board the trans
port going TO Cuba. he said:
The weather was very warm, the crowd
was great and | fell in feint and re-
mained unconscious fer more than an
hour
Continuing, the witness said he was mus
tered out of the service on May 81 at Camp
Meade. during the early part of the day
and came to Washington that night
The defendant then went on 10 say that
when he left Harrisburg. Pa, on the morn
ing OF the shooting, he was sober, he hav-
ing drunk only one glass of beer When
May 81 he was. he said, very hungry and
with some of his comrades went 10 free
lunch saloon There, he said. he took two
drinks of whisky. After that he said he
remembered nothing until he found him
self in the hospital under the care of a
physician. He had, he said, often drunk
more on other occasions than he did on the
night of the shooting. He was well ac-
qusinted with the deceased, Bishop. He was
attached 10 the hospital corps, and was al
ways present at sick call.
Referring 10 the unfortunate affair which
resulted in the death of Bishop. at the Sixth
Street depot, the witness said ne did not re-
member a single circumstance connected
with il.
On cross-examination by Assistant Dis
trict Attorney Taylor. the defendant SAID
tfat he purchased a pistol in Harrisburg
ia. He said he secured the pistol fer self
protection, because it was reported in Har
risburg that some people were knocking
down the soldiers and robbing them He |
said he could not afford TO lose his money. |
because he knew his wife and child at |
home needed all the money he had.
The defendant left the witness stand |
after the cross examination, and then a /
NUMBER OF affidavits made by prominent
persons In the community in which Tharpe
was raised, were offered by the defence |
Ihis testimony was TO the effect that the
aefendant had always had a good general
reputation, was peaceful, and of good
moral character.
The most important of the affdavits were
those may by Robert F. Faison and Bert
oimms, members of the company to which
lhe defendant belonged. In effect these
men stated that they were with Tharpe
turing the whole time after their arrival
N the city and that the latter did not take
out two drinks upon the night in question.
Inc atlantis, also state that they saw the
oarkeeper who sold Tharpe the whisky
out something in it. After he drank the
whisky, the aflidavits say, and before
lharpe arrived at the depot. just prior to
he shooting, he acted like a maniac. He
vas wild and crazy with drink.
This testimony closed the case for the
Iefence Counsel then submitted requests
o the court for instructions on the law
o the jury. The argument began shortly
fter p. m.