The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-01-30

saw him snap it whlo pointing at the
floor in the front ROOM
Conductor Clark, being recalled. said
the two men got on his car at Laurel
Street. Herring paid Ahearns fare. They
appeared to be perfectly friendly. There
was no loud talking and no disturbance
of any kind until Herring fired the two
shots.
The Commonwealth here rested its case.
The defense first introduced Henry
Moore, who had known prisoner and his
family since 1882 Hcrrings reputation
had always been good. He was always
amiable and peaceablc. Witness would
not have believed 'he would harm, Il cat"
Knew Herrings two sisters and knew
that their minds were seriously unbal-
anced.
James Il. Mcintyre, lneman for the
Passenger and Power Company, was the
next witness. Had known prisoner three
years; had worked with him almost daily
for that time. He was as amiable and
peaccablc man as he ever knew. Wit
ness was with prisoner when he first met
Ahearn on the 9th of July. They We're
perfectly friendly, Herring remarking in
perfectly friendly manner: Charlie, you
know when my pay day comes better
than l do Herring had been paid off
that morning, receiving 5000. Witness
went with prisoner and deceased to bar
room; all took a drink, and witness left
them. Prisoner had been drinking three
or four days. Witness had heard that
prisoners two sisters were more or less
crazy.
g. w. Gill had known the prisoner ten
or twelve years. He was always gentle
and amiable man and good and faithful
worker. Wititcss knows the family. and
knows the fact that he had two sisters
zone now dead whose minds were dis
eased.
Father On Stand.
w. S. Lcake, ex-clerll of Henrieo county
Circuit Court. knew the family; knew
of the two sisters of diseased minds.
He knew prisoner to be of good charac-
ter and amable disposition.
Elbridge Herring, the venerable father
of the prisoner. was the last witness in
troduced. He said he was sixty-six years
old, and his son. the prisoner, is thirty
seven years old. Ills son had always
been II good boy, barring his weakness
for drink; was always kind and gentle
toward his parents and his sisters. The
witness had two daughters, one of whom
is now dead, whose minds had long been
seriously affected Hampton Herring, the
son of the witness brother, and n first
cousin of the prisoner, is now an inmate
of the Western Hospital for Insane, and
is hopelessIy insane.
Instructions and Argument.
The defence here closed the case and
IL short conference between court and
lawyers We're necessary for argument
of and settlement of Instructions. The
court instructed the jury ut some length
on the law, the principal instructions be-
ing that il the jury believe from the evil
dencc that at the time of the killing
the prisoner was too drunk to form n
malicious purpose they cannot find him
guilty of a heavier offence than vollIn.
tary mnnslaughter.
Second: That il the jury believe. from
the evidence that the accused was an
insane man at the time of killing Aherne
they will find him guilty of no offence al
though they believe his insanity at the
time was tho result of drunkenness.
Other instructions were to the effect that
while drrnkness is no excuse for crime. ii
does lower the degree.
Mr. Fokcs addressed tne jury very
briefly, saying he would not ask for
verdict Of murder in the first or second
degree, but would ask for a verdict for
voluntary manslaughter, leaving 1t en-
tirely to the jury to fix the punishment.
Mr. Folllcs confined his brief argument
to the first instruction quoted above,
and to n review of the testimony
Mr. Smiths argument was entirely upon
the second instruction quoted and a review