Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-04-21
.CHAS. F. HARPER
WAS NOT GUILTY
Of the Murder of David Ross
Said the Jury.
ONLY OUT TWENTY MINUTES
Four Attorneys Defended the Accused
Three ofwhom AInde Speeches, While
Captain Marshall and Hon. Mr.. Thorpe
Represented tho Commonwealth The
Case ana the Result Subject OF NIucI,
Discussion for tho Past Few Days.


Discussion for tho Past Few Days.
At 1880 o'clock yesterday morning, in
the Norfolk County Court, the second
per for the killing of Mr.. David Roas
began with n large crowd of Interested
spectators present..
After the preliminaries of opening
court had concluded the defense called
Mr.. Harper to the stand to testify in
his own behalf. AIR. Harper told of the
shooting and the cause which led up to
1t in Il clear, firm voice. He was then
asked if he considered Mr.. Ross dan
gerous man."
The prosecution objected to the ques-
ton. On this there was an argument,
participated in by Captain Happier, who
wished 1t answered. and Captain Mar
SHALL for the prosecution, who de-
clared that it was an improper ques-
ton.
Captain Marshall claimed that this
testimony is only admissible in n case
of absolute self-defense. This evidence
would tend to prove that Ross was a
dangerous man, so that it would merely
assist the defense in making out a
prima facia case of self-defense
The court allowed the question to be
asked.
Mr.. Harper said that he considered
Ross Il dangerous man. He said he
was in fear of death and did every
thing to avoid trouble with Ross. He
threw Ross hand from his throat and
drew his gun as soon as possible. He
did not go out of his back room, but
staid in back office; went by back door
20 his home; stayed there until went to
the Office Of Justice of the Peace. He
knew that the deceased was q danger
Gus man before he had any difficulty
hi
healthy man and weighed about 175
pounds.
Continuing. Mr.. Harper said Ross
walked into his office and called him n
vile name: knew Ross to be a man of
great strength He (Harper) was not
a tlmid man. but would avoid difficulty;
asked Ross to go away and avoid
trouble. He walked to back Office and
left Ross when he cursed: did not 70
to get pistol; pistol was on top of his
desk and had been there for several
weeks. He had Il speclal reason for
keeping a pistol; many people leave
money there; have right much money
often. He had no talk before Ross
rushed in cursng. Ross seized Harper
by throat and coat; reached by Ross to
get 4 pistol.
We were. said Mr.. Harper, about two
feet apart-not more than three feet
and that he shot at Ross not to kill
him. but to protect himself. as Ross
was attacking him with great force.
The shooting occurred where the fight
was and that was in the back room
near the petition. Ross was not farther
than three feet from him when he fired
the last shot, and it was then that Ross
left him and he did not fire any more.
Mr.. Harper said he was Il man who
lived in quictudc and that he never had
any difficulties with people; that he was
% years of age.
CROSS EXAMINED.
Captain Marshall then took the wit
ness and cross examined him, bringing
out the following:
Mr. Harper said that the quarrelng
was all on The part OF Mr.. Ross, and
that great deal OF Quarreling did not
take place. He said he did not join Mr..
Ross in the quarrel and that he did not
take the pistol with the view of await
ing an attack upon him by Mr. Ross:
but that he did not have the pistol i'm
his hand more than Il half a minute.
and that he was midway his rear office
when MIR. Ross came rushing in, say
ing: Il will kill YOU" using strong lam
guagc. and believed, said Mr. Har-
per, that Mr. Ross intended to do what
he said and that was kill me.
Mr.. Ross was the largest of the two
and was about six feet high. and he
had often heard that Mr.. Ross was Il
dangerous man. The quarrel was about
tiit ithbliS VI FIlotiSc. MI. Harper
said: II would have rented him a
house. but he objected To the price,
which was 81. and he said the price
was too high" lie did not have Il
pistol when the trouble took place at
the hotel the nigh, previous. This
closed Mr.. IlarDcr's testimony.
OTHER EVIDENCE.
MIR. ID. c. McClelland was called ami
his testimony was as follows: He said
he heard Messrs. Harper and Ross talk
ing the night before about rents
At this noint MIR Thorpe. who is
assisting Captain Marshall. objected TO
this kind Of evidence. Said he: This
case has nothing To do with the other
difficulties. and that there was no con
nection between them"
The prisoner said that he supposed
Ross had come TO apologize. On that
ground the prosecution objected to
hearing testimony to show Il condition
OF mind which the prisoner says he did
not have.
Captain Happier urged that the tcsti-
mony he accepted, and the court adj
mittcd it.
Mr.. McClclland then continued. tell
ing how NIr. Harper tried TO avoid
trouble with Ross the previous dag.
Here the jury was excluded for dis
cussiou III icEa! tcchnicalitics.
Captain Happier made an argument
for the admission Of the testimony of
McCiclland concerning the difficulty
previous 10 the shooting. The evidence
Will show that Ross intended to take
the life OF the defendants: mean To show
that he intended to kill Harper: Ross
did make an attack. 1t may be shown
that he asserted that he intended to
kill Harper. The evidence is Ia show
the attitude of the parties toward one
another not To SHOW the fear Of the
defendant. because lie did not know OF
the threats.
Captain Marshall contcndcd that
thni., e No rna son In. Tho .Nilnncn h.