The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-01-30
INVOLUNTARY
MANSLAUGHTER.
~----
That is Crime Jury Fixed Upon
Herring Six Months
in Jail.
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KILLED CHARLES AHEARn
Herring Crazy Drunk-Fathcr OF
Accused on Stand--Insanity
the Defense.

John Hunter Herring, charged with the
murder of Charles j. Ahcarn, was tried
in the Hastings Court yesterday by "a
jury of twelve men, and, contrary TO ex-
pcctation, the case was concluded and II
verdict reached in one day.
The plea OF the defense was insanity at
the time of the killing, and that the pris-
oner was therefore incapable of forming
AN intent to kill his friend.
The Commonwealth did not ask for u
severer verdict than voluntary man
slaughter, the attorney believing that the
testimony and the law did not call for
more.
Tie jury rendered a verdict of involun-
tary manslaughter. and liked the punish
ment ut six months in Jail. which was
practically n twelve months sentence,
inasmucl as Herring had already been in
jail since the evening of July 9th last, the
since the evening of July 9th last. the
day of the killing In n street car on
Broad Street.
At the conclusion of the trial the pris-
oner was congratulated by his friends
and he and his aged father, who sat by
him during the trial, and was witness
for defense, seemed very well satisfied
with the verdict Mr.. Harry Smith rep
resented the accused
Trial in Detail.
When the Hastings Court was opened
yesterday morning and the case Of John
Hunter Herring was called, there was
some delay In order to give Mr.. Minitfee
Folkes, the commemorative attorney,
time to confer with his witnesses. lie not
having had an opportunity to do so be-
fore.
There was but little trouble in securing
u jury and the following took seats in
the box: Hugh Miller James leopard,
w A. Mann. Il. X. Murray, w. ID. Rice.
j. r. Rucker. j. w. Hall, c. Blume.
William Kirby. a. r. Nuckols, Salvador
Cassatta, L. y. Hill.
Coroner Taylor was the first witness.
JIo described the wound which caused
Ahearn's death The pistol ball entered
the skull just above and behind the left
car. entering the brain and lodging
therein. No weapons were found on the
body. aud no other wounds were found.
Margaret Hullen was next called. She
testified that she had never seen Her
ring before the day on which the killing
occurred. She had seen Ahearn several
times before. Both men were drinking
at tho time she saw them on the day
ring proposed marriage To her and she
agreed, thinking he was joking. Ahearn
left the house TO get preacher When
the witness found that they We're seri-
GUS about II She left the house. after
telling Herring she had thought lie was
Joking and that she would not consider
the proposition seriously,
Friends Drinking Together.
j. NJ Thompson testified that on the
day of the killing Herring and Ahearn
rune into his bar together, that they
drank together and then Herring went
out and Ahearn stayed behind Herring
came back and showed Mr.. Thompson
handful of cartridges. He turned to
Ahearn and said. Charlie. L believe I'll
kill YOU" in "a joculnr manner When
he learned that lie was armed Mr..
Thompson took the pistol away from
Herring and removed all the cartridges.
Herring demanded that the pistol be
given back and 1t WAS done. Ahearn
and Herring left the bar arm -n-arm
and appeared to be the best of friends
Mr. Thompson testified that whenever
Herring became Intoxicated his mind
appeared rs ne affected He stated that
while in his bar the day of the killing
he appeared To be mentally unsound.
u. j.. Morris next testified that he saw
Herring load a pistol while in Thomp-
sens tar and point it at .Nhearn, saying
that he was going to Kill him. Herring
then left t+ie bass but came back. and
again s;sil that he was going to Kill
Ahearn. Later Herring told the BARTENDER
he intended killing a man before sun
set.
Captain A. W. Miller, who was also
present in Thompson's bar when Herring
and Ahearn We're there, was next called.
Captain Miller stated that he saw Her
ring flourishing a pistol and was warned
that lie was liable to he shot. lie said
that he did not lolieve Herring would
shoot Herring looked ut him when he
made the remark, and his eyes were
those of AN Insane ma,i. Before leaving
the stand Captain Mhcr said he did not
believe Herring was mentally sound at
the Tine.
Sameness in Testimony.
r. * Moran Was the next witness. Ills
testimony was much the same as the