Daily press. [volume] (Newport News, Va.) 1896-current, 1906-03-08
GERk|N COMMITTED,
NO CRIME, SAYS JURY
Young Electrician Found mol Guilty
and Sci Free Alter Two
Hours DeIibePati0n
SELF DEFENCE PLEA SUSTAINED
Commonwealth only Asked For Con.
viction For Manslaueh.er. Admitting
That Murder Had Not Been Done
Facts Practically Admitted
full Appeal to Jury.
John Gerkln is a free man.

for two hours, decided that Gerkiu
committed no crime when he drove
q screw.drlver through the brain of
Walter J. FELTON, and thereby caused
the death Of the latter
This in many ways was one of the
most remarkable cases ever tried in
The Corporation Court. The fact;
were practically admitted and the
only question was whether or not
what the accused did was an offense
against the laws of the common
wealth. The trial was begun when
court convened yesterday morning
and the jury retired at 5:40 o'clock
in the afternoon.
About o'clock the jury was
brought into the court room and the
foreman announced that it was impos-
sible for them to agree upon o YER
dict. The Judge asked whether or
not the jurors might agree If more
time for consideration was given;
there was a brief consultation be.
tween several of the jurors and the
another hour.
At 7:40 o'clock there was rap
at the door and 1t was announced
that q verdict had been reached
The crowd in The court room was
warned against making n demonstra-
lion, then the clerk read the verdict.
which was to the effect that the pris.
oner was not guilty"
The mother, two sisters, and other
relatives OF Gerkin, who had come
from North Carolina 10 he with him
during the trial occupied seats at
The bar throughout the day and until
after the jury had retired. When
the jury retired the ladies were con-
Quoted to one OF the private Offices
where they remained until they were
joined by the young man after the
verdict had been rendered. Probably
more ladies attended this trial than
had ever before gathered in the
local court room during {; legal pro.
ceeding. There were about twenty
ladies in the room, seated within the
rail when the attorneys began to ad-
dress he Jury
Affecting Scenes.
The mother and sisters of the pris.
oner were weeping often during the
trial and the scene affected nearly
every one in the court room Dur
ing the address of Attorney John l..
Lee. closing for the defense, several
Of the Jurors we're yisibly affected.
The jury for the case was secured
without difficulty. The sixteen nee
essary being accepted from the first
nineteen summoned Several Of the
twelve who sat in the case were on
the jury which tried and convicted
Andrew l.. Davenport for murder in
the first degree. The jury was EN-
panelled as follows: # o. Adams, G.
T. Benthal c. W. I.yre. l.. N. Forbes.
H. w. Daughtrey. j w Allen. Harry
Weber r. r. Marable. C. IIenckel,
John Wiley, w G. Kilby and w. B.
Green.
T. c. Gay. an employee of the
StiESbS hdii"dy O. EIeCtIIC SOil-
pany was the first witness He was
in the plant at the time the fight
occurred. He said that his attention
was attracted by a ladder falling
against him and he looked mp just
in time 10 see Gerkin in the act of
striking FELTON,. The first blow
struck FELTON, on the cheek anu
Knocked him against the wall Ger.
kin then struck again with the screw
driver. striking FELTON, on the head
This time FELTON, fell to the floor
The witness had never seen FELTON,
before but thought GerkiE was slight.
ly The larger OF the two men lie
had known Gerkin for ab0ni ten
months and knew him 10 be peace
able, quiet boy
The Second Eyewitness.
i w. w Pearman, q negro employed
al the electric plant was the only
Other eye witness When his atren-
lion was attracted GerkIn's head
was against the ladder Gerkin
Strengthened up and struck FELTON,
twice with a screwdriver. He had
heard the men 'jawing'' about a
wire. but paid no attention to them
until after the fight started.
~. . r. Gary, the coroner, ties
t.nso concerning the aiitnnsy held