Daily press. [volume] (Newport News, Va.) 1896-current, 1906-02-28


port said that Thomas was his nc
phcw aud had been killed lie went
away without getting into the room
AT this point Mr. Collier protested
that the commonwealth was using
all of the witnesses that he had sum
moncd. The judge said that while
II was rather unusual for both sides
10 want the same witnesses, IL was
allowable
The commonwealth offered in cvi
dcncc Il slip of paper bearing Davcn.
ports name and address and appar.
entity written in the prisoners hand
This paper was found in vest pocket
in Thomas room
Sam Johnson Testifcs.
Sam Johnson. the negro who was
arrested upon the charge of killing
Thomas upon the strength Of informa-
tion furnished Sergeant Mitchell hy
Davenport, made II clear aud cunyinc-
ing statement concerning his Goa.
ncctinn with the case. He said that
on the night of tho murder he went
nome tronI work about a quarter to
" o'clock aud dill not leave the house
again until the officer got hlm on
of bed aud arrested him. He did no,
know Willie Thomas and had never
seen him until he was shown the
dead body. He had known Davenport,
ein., I.,C Il.
room from him. He had trouble
with Davenport, once because of his
wife losing some clothes and anothc;
time because Davenport wrote his
wife an Improper note. Davenport
had hd bound over to keep the
peace.
Carrie Johnson, Sam Johnsuns wife.
corroborated her husbands Testimony
IN every particular.
as to Cuna and Shot.
Justice Is. g. Scmmes was placed
upon the stand as an expert on
guns. He said that lie examined the
gun found in Davenport's house the
day after the killing aud was able
To say ii had been fired very recent.
ly. On cross examination he said he
thought the gun had certainly been
fred within Il week. Apparently both
white and black powder had been
used White powder would cause Il
sharper report than black.
The gun was brought into court
and taken apart by the prisoner him.
self. Justice Semmes examined the
barrel and said that Judging from Il
slight accumulation of rust he would
say that the gun had not been fired
for some time.
The shells found in the gun were
then opened and found to contain
large and small shot. corresponding
with the sizes Of shot found in the
dead mans body.
G. Bert James testified that the
larger shot in the shells were from
number . 10 4 and that the smallc.
were about number T. No one. the
witness said. could say exactly what
size the shot were
Commonwealth Rests.
Here the commonwealth rested its
case. Or. +. j.. Sims was the first
witness called for the defense
DR.. Sims said that he believed that
William Wimbush was the man he ex-
amincd for life insurance upon the
application made out in the name of
William Thomas. Davenport was
with the applicant when the latter
came 10 be examined The applicant
actually wrote The signature, Willie
Thomas, at the bottom of the appli-
cation. He was of the opinion that
the dead man was larger and heavie;
than the man he examined for in
surance.
At 1890 O'Clock court took recess
until . o'clock. When the afternoon
session began there was some delay
in getting witnesses and il was near
ly three O'Clock before the next wit
ness Tor the defense took the stand
Messages Delivered.
Charles White, blacksmith elm
pluyed al the shipyard. testified that
he delivered a message to William
Wmbush telling him to so to Hamp
ton to see Mr.. J.. s. Collier ON i'm.
por,ant business. Wimbush said he
was not going to see Mr. Collier;
mat he thought perhaps his wife had
employed Mr.. Collier and if Mr.
Collier wanted To see him, lie could
come to see him.
William Davenport hrn,her of rho