Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1906-10-15

stent iua saloon 10 the Petersburg"
section of the city. The jury was out
80 minutes.
Late in the afternoon, after all the
witnesses had been examined, Banks
was placed upon the stand. He stated
that be was twenty-Ooe years OF age, and
had known Elzey for the pact nine years;
that he purchased the pistol with which
be did the shooting from colored man
named Joseph Harris; that on the night
of the affair he and two other colored
men repaired to the upper story OF the
saloon where the tragedy occurred and
consumed several pints OF gin and
dozen bottles of beer. Prior to the
drinking, he said, be had freely used
cocaine. The prisoner stated that he
used cocaine two or three times a week.
The narcotic, gin and beer, he said,
made him crazy, and he mad absolutely
no recollection OF what happened after
the shooting.
Banks was put through severe cross
examination by Commonwealth Attor
ney Brent and frequently contrsdicted
himself
The court subsequently took a recess
until o'clock Saturday night. when
it was again called to order deuse crowd
filed the room.
Arguments were then begun and MIR.
r ID Brumback, who assisted Common
weath's Attorney Brent in the prosecu-
ton Of Banks, made the opening argu
ment. He was followed by MIR. Mon
cure. for the defense. In the course of
his argument the speaker said that to
secure evidence for his client he had
visited some of the dives in Alexandria,
where negroes cOngregate, and had been
appalled, at what be had seen. Mr.. Mon
cure described the conditions as similar
TO those that led TO the Atlanta riots and
predicted that Alexandria would expert
ence a crisis of that sort unless the
Petersburg section is cleaned out speedily.
He blamed the police for allowing such
a condition of affairs to exist.
Mr.. MacbeD, for the defense, followed,
and made strong plea for the prisoner
He stated that there seemed to be pre-
iudioe against the prisoner and that bis
trial had been unduly FASTENED. Mr..
Machen was proceeding on this line when
he was called to order by Judge Barley,
who said he thought Mr.. Machen had
gone about far enough.
Mr.. Brent closed for the prosecution in
an able argument.
The case was finally given to the jury.
While the jury was out, Judge Barley
stated that the reason he bad not said
more to Mr.. Machen when be called him
TO order. was that he did not wish to
prejudice the jury against the prisoner.
He then SAID that the prisoner had been
given lair trail, aud believing Mr..
Machen's remarks were unjust he re-
questtd an apology from that gentleman.
Mr.. Machen, after a brief statement,
made the amende honorable, ard the
court declared that so far as he was con-
cerned the incident WAS closed.
Before the jury bad returned with their
verdict the court Warned the spectators
that no demonstrations would be allowed.
There we're none
Alter the verdict had been announced
MFR. Machen. for the defense, asked the
court for new trial, on the grounds
that he verdict was contrary to the law
and evidence. Judge Barley fixed Octo-
Der % "a the date on which arguments
would be heard for aud against this.
Banks retired from the courtroom with
q smile on his face. smoking a cigarette.
This is the first instance where jury
has brought in a verdict of murder in
the first degree in Alexandra since the
early part of 1892.
The following affidavit was made by
Mr.. l.. Ii Machen in the Corporation
Couu on Friday last when ne asked
continuation of the trial of Bark:
In the Corporation Court of the city OF
Aexandria, Virginia.
Commonwealth of Virginia VS.. Howard
Bmks charged with the murder OF
Thomas Elzey.
This day personally appeared before me In
nv office in the city Of Alexandra, virginia
Lewis H. Macben, who, after being duly
sworn. depoSes and says that lac is membe
OF the 6rm Of Machen 4 Moncure, VINO were
employed as attorneys for the defendant upon
T. have been committed on the night OF C.
sober lih, 1906, IN the said city OF Ale sa0'
dria. aud that said firm was employed on
Friday. October 9th, 1906, TO represent the
said defendant in the trial of said cause In I
he appeared in the Police Court for the de-
PENDANT on Friday, October 9Th, 1916, at tue
the preliminary hearing OF SAID cause, ana
heard the evidence, and took part in the trisl
at the ssid preliminary hearing. That on the
4 In lgR a
INQUEST whichwas he d about II O'Clock noon;
that later during that day about O'Clock p,
IN the case was given TO the & ana jury, anu
an indictment found against the defendant
That on Saturday morning, October 9th,
1906 the prisoner was called for trial. lhs'
at that time motion was made that the case
be set 10 be heard in or about 80 days from
that date tne reason assigned eng that tne
deponent was engaged in the said court 70 De
heard on IN day, (which was sfterward adj
iusted1 aud that so be was engaged In the
trial Of case which would take place on the
following Monday ia said court; that ne was
required, having been duly served IN clVii
case 10 appear at Toledo, Ohio on Wednes.
day of the following week, which necessitated
his leaving his office on Tuesday morning.
That he did attend the taking OF testimony IN
the said case, and returned 70 ms once III
Alexandria city, Va. not until riuay morn
ing. October 18th, 1906, at 10 o clock, when
was the earliest hour he could return. That
he communicated with his partner, H.. I. Il.
Moncure. when the firm was employed ID the
case. and that they endeavored together, on
Monday night. during recess of the court IN
the trial of the case referred to, TO secure the
necessary evidence sind TO properly prepare
for trial; that after leaving the jurisdiction
of the court 10 appear at Toledo, Ohio, his
mariner, r. G. l.. MOncure, took charge Of
she case and made every effort TO prepare for
trial: that the deponeut and his associate have
both BEEN greatly hsmpered in the prepare
II. i'll ky &c ha fact