Clarke courier. [volume] (Berryville, Va.) 1869-1997, 1904-11-30
Lippkin to Hang
We. the Jury. find the prisoner
guilty OF murder in the first degree
upon the within indictment"

jury, composed of Messrs. NJ. III
Reardon, foreman; Julian Burch
y. w. Lindsey, Nj. l.. =. Reed
r. Z. Finnell, James ID. Elsea
John w. Eddy, f. b. Neville
/. 5. Gibson, X. ID. Tavenne,
John I. Dove and ii. G.. Burch
rendered the above verdict.
Attorney Broun Immediately
made motion for a new trial
which was overruled.
Judge Harrison announced that
ne would sentence the prisoner
tomorrow, and he was ordered
taken back to Jail until that time.
This is the first time in the his.
tory of Clarke County that first
deree murder verdict has ever beer
rendered, and it is also the first
time in the history of this Circuit
that Judge Harrison has beer
called upon to pronounce the
death penalty.
The only sentence which JUDGE
Harrison can pronounce is that OF
execution, and it remains with the
Governor TO commute this sen
tence to life Imprisonment. There
Is no belief among the attorneys
here that the Governor will inter
fere, however.
The trial of Benjamin Lippkin
for the killing of Richard Ellyson.
which occurred in the Hamilton
saloon on the night of July 9 last.
has been followed with close inter
est by a large number of spectators
and others. The taking ofevidence
began Monday and was completed
Tuesday afternoon.
As shown by the evidence, Ben
Lippkin came 10 Berryville on the
6:3l train the night of the killing.
He was seen at different times on
the street, and had approached
Sergeant Ricamore with a plea for
protection from Richard ElIyson.
whom he said was pursuing him. "
Lippkin borrowed a revolver.
bought loads for it, and a few
moments after 10 O'Clock entered
the saloon. Richard Ellyson and
Charles Rideout were taking a
drink at the bar when he entered.
and he was invited to join them.
He refused, and as Ellyson moved
away from the bar he moved up
toward it, at cross angles to the
direction of ElIysOn. There was a
flash, and report, followed quickly
by five others, and Ellyson ran
from the Church street door and
turning into Main street fell in the
entrance to DIR. j. f. Harris office,
dying a few moments later at the
home of his sister where he was
carried.
When searched the body was
found to have no weapons of any
kind upon it, although Lippkin il
his defense said that Ellyson made
a move as though to draw a weapon
from his breast before he fired tn,
first show.
1t was testified by a number O
witnesses for the defence tina
ElIysOn had made threats agains
the life of Lippkin at differen
times during the past three or fou
years, but the prosecution offse
this testimony with the proof tina
Ellyson was absolutely unarmeC
at the time of the killing.
1t was testified by one witnes
that EllySon had shown him nev
revolver in Pittsburg few week
before the killing, with which h
said that ElIyson said he was goin:
to snuff Lippkin's light out, bu
what became of the revolver n
one knows, as it was never seen i
Berryville after Ellyson came her
to work on the new bridges.
On the stand the prisoner toll
of EllySon making 4 move a
though to draw a weapon, an
how he fired the first shot, an
then the others, saying that h
gave Ellyson a chance to get ava
after firing two shots, but elaine
that EllysOn was still advancin
toward him.
Four eye-witneSSeS testified TIN;
there was no hostile movement b
Ellyson before Lippkin bega
shooting.
, Drs. Harris and Osborne told {
: the post-mortem examination, an
, described the course of the bullet