Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-20
MIR. HARPER ON TRIAL

dSSS Il OIL Ills COuntfylncn.
The County Court, Judge w. N.
Portlock, was an interesting place yes
terday, the case of the Commonwealth
against Charles Il. Harper, for the kill
ing OF David Ross at Primers Point,
about four months ago, being the at
traction.
There was n large crowd present, the
long list Of witnesses for and against
the accused making quite a crowd of
| themselves.
The attorneys In the case are: For
the prosecution. Captain r. c. Mar
| shall, Commemorative Attorney, and
| Hon. r. Il. Thorpe. late of Petersburg.
a former member of Congress. For the
defense. Judge Leigh r. Watts, Captain
John w. Happier, It. ]. Wool and Judge
| d. B. White
AT the regular hour-11 o'clock-court
was opened and the regular procedure
| followed
The following jury out of a panel of
sixteen was securcd George INVITE.
w. Il. Early. w. II. Crceknore, John
Rodman. George Stafford, l.. Cass Ives.
S. A. Eley. II. A. Roach, w. N Will
Hanson. Alexander Stokes, p. L. Creek
more and NJ. l.. Jarvis.
The jury being cmpanelcd. witnesses
were then called. sworn and separated,
and the trial then proceeded. the exam
ming of witnesses being gone into with
| out. much unnecessary delay or differ
| EXAMINATION OF WITNESSES.
| MIR. NJ V. Wilson, of Norfolk county,
was the first witness the State put upon
the stand. He is employed by Mr.. Har-
per. and he said that he was coming
from the stables, which were about
| fifty feet from where the shooting oc-
| Cured; was feeding horses; coming
from stables lie heard Harper say: Get
| back or get out" and then Ross said ::
.! will kill you" Mr.. Harper grabbed
his gun and shot Ross. He fired twice
| in quick succession; heard Ross say
''I'll kill YOU" Ross did not attempt to
\ take chair or stick. Harper broke
| loose from him. Harper showed Ross
off with left hand and grabbed the pis-
! toll. They were In three feet of one
| another
! Ross was turned onc-quarter around
when the shot was fired. and was going
| away with back To Harper when Har-
| per fired the last shot.
| There were three shots fired In the
back room. Saw ball marks in the
| front door; ball struck in the edge OF
| the front door. which was open.
AS Ross made Il break at Harper he
said he would kill him.
Harper fired three shots: then left
! and asked Wilson to meet him in town.
| The three shots were fired in quick
| succession
DIR. HOLIDAY TEsTIFIEs.
DR.. Gray c. Holiday said that he
made a careful examination of the dead
man. 1t was in the morning at 9
| o'clock One bullet entered body be-
meath the sixth rib: went through the
liver and made an immense hole. One
ball lodged under the skin in the back.
There was no singing Of clothes. An
other ball went through Ross coat and
dropped in cavity, doing no harm. The
wound in the liver was mortal; the
other was harmless. The men were not
facing one another when the shooting
occurred. Ross had his side to Harper;
could not have been facing when fatal
shot was fired. They were facing one
another when the harmless shot was
fired. a line dropped from middle of
the side would show that the fatal ball
was fired from the rear.
DIR. UANCOCK'S VERSION.
Was called to see Mr.. Ross December
Sth, in the afternoon. Saw Mr.. Ross
on the floor dying. He died in five
minutes. DIR. Holiday made an au-
topsy. Wound between the ribs. but
struck the rib: did not strike the heart:
tibres OF the cloth turned in by bullet
The bullet entered the left side and
struck the liver; entered back a little
to rear of the middle of the body and
came out on the opposite side of body
in front Could not say how the men
stood when firing occurred. There was
no mark of powder on the clothes; pis;-
toll did not stain clothes after a dis
lance OF eight inches; tried the pistol
afterwards. not with same cartridges.
The fatal shot passed through right
and left lobes of the liver. 1t was suf-
ficient to produce death. The first
wound would not have produced death
At once. y physical examination show
ed that Ross was Il powerful man; did
not examine him for the purpose, but
examination showed him a powerful
man; weight 40 pounds , feet S.
VISIT THE PREMISES.
The suggestion advanced by the State
that the jury visit the building in
met with some opposition from the de-
fence on the ground that ii would con-
sumo unnecessary time; but this OBJ
lection was withdrawn, and the jury
later went to the scene of the shooting
and viewed the premises. a recess for
lunch being taken prior to the journey
to Port Norfolk.
The jury rc-convened later in the af-
ternoon. and Mcssrs. K. III. Bost j. c..
Smith and V. Is. Drewry We're examined
for the state. The latter lis the father
of the widow of Mr. Ross, and had in
his possession the coat Ross wore when
he was killed by Mr.. Harper
The Commonwealth at this point
rested its case. and the jury and pris-
oner were placed in the custody OF the
sheriff. after which Judge Portlocl ad-
journed court until 10 o'clock this
morning.
ROY BADLY INJURED.