The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-11-20
' TWENTY YEARS FOR
ERNEST BROOKS
On Account Of His Youth Jury
Unwilling to Give SUI
prelne Penalty.
(specIal to The Tlmes-Dispat ch.)

Especial to The Times -Dispa tch)
CHESTERFIELD, VA, Nov. 1.-THE
trial of Ernest Brooks for criminally as
saultlng little Katie Heinstein on the
olternoon Of October 2sth ended to-day
With a verdict OF twenty years in the
state penitentiary. Tie result was a
matter of agreement between counsel for
the defendant and the Commonwealth.
and while the abrupt ending Of the trial
was surprise the punishment Is about
what those VINO had followed the trial
ha predicted would be the jury's verdict
Z. Had the prisoner been older or had he
been man In stature and appearance, the
punishment WOULD doubtless have been
death, but the fact that he was mere
boy. apparently moreover seventeen was
small for his age and had an innocent
looking expression, must have had welght
with the Jury, and made them unwilling
to visit the extreme punishment provided
for by the law
No testimony was taken In the case
to-day. Up to the adjournment of court
oil yesterday only five witnesses for the
Commonwealth had been examined,
though the case was begun on Tuesday
morning, and there were number OF
other witnesses to be Intercepted before
the defense's evidence would have boon
| introduced
Mr. D. l., PullIam represented young
Brooks, and made sturdy fight for him,
which took time for consideration. Court
was not opened to-day until nearly -
o'clock, owing to some delay with the
electric car which brought Judge Farrar
from Richmond. where he spent last
| night Soon after the opening, counsel
for both sides were excused, and ny 80
an agreement was reached. and court was
called to order. MIR. Pulliam. on behalf
Of the accused, stated the conclusion that
had been arrived at by counsel as q ro-
| suit Of the conference, and IN few
words plead the prisoners youth as q
| ground for mercy saying that he con-
sidered confinement In the penitentiary
to the limit prescribed by law an ado
quate punishment in his case.
Judge Gregory. for the Commonwealth,
| followed him. and In an Impressive ad-
dress TO the jury. while not mitigating
the crime, stated that he thought the
demands OF the law for the peace and
purity OF society would be met by the
verdict asked for. The jury. without
moving from Its seat, gave verdict OF
twenty years In the penitentiary, and
when poled each man distinctly declared
his sanction to the verdict as signed By
the foreman. who was Lar. e. a. Pamp'
lin. The verdict seemed to be satisfac'
tory 10 the audience in the court room
also.
Little Katie TIelnsteln. who was the
victim of the cruel assault. has been at
tending court each day OF the trial with
her parents. who are Germans BY birth
and Still can barely speak English IN
tell.gbly. Her father. Mr.. Joseph Helm
stein, is an employe at the Richmond
Locomotive Works. and they appear tc
be nice people, with pleasant manners
The little child is Just few weeks pas
eleven years OF age, and though small, II
attractive and INTEL gent.
Judge Gregory was assisted In the pros
ecution by MIR. George E. Wise, Of Rich
mond
The prisoner throughout the trial wat
remarkably calm, but at the announce
ment OF the verdict. he. with his father
and brother, who sat next to him, broke
down and wept.
The case against William Jordan (col
ored) will tie tried here on Saturday
which W.. probably end mis- term OF thu
County Court.