The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-12-05

WOMAN DENIES
HER AF IDAVIT.
Mrs. Jenkins Asserts That She
Was Told to Make Affidavit
and Did So Under Threats.
Witnesses Testify to
Absence of the
Accused.

CCLPEPER. VA. December 4.-wil-
liam Seal. on trial for the murder OF
William Smith. was to-day acquitted
by jury in the Circuit Court and
dischaused from custody. The YER
dict almost Immediately followed the
retirement OF the Jury in the case. ana
/ the result was anticipated. an altbi
having ,been established by the de-
fcnse. Fred Jenkins, indicted Jointly
with Seal for tho crime. willnow he
tried for his life. Many OF the wit.
nesses put on In the sal case Will de-
pose also in the jenkins trial.
The third day OF the trial was de-
voted by the defense to following up
proof of yesterday as to the attempted
alibi for William Seal, and was devoid
Of sensational incidents. with the ex-
ception OF the testimony OF Bessie
jenkins, the wife of Fred Jenkins,
Seals co-defendant In the Smith mur-
der.
Would Not Bclieve Witness.
Fred Porter. for the defense. swors
that he would not believe several of
the witnesses for the Commonwealth
on OATH
Deputy Sheriff John a. Bowersett-
for the defense. was witness to show
that Seal. while In prison here. never
made any attempt to break Jail.
James Fl. Judd, another witness for
the accused, testified that Fred Jen-
kins. co-defendant. told nim soop after
the murder of William Smith. that he
shot and killed him. and further, that
Claude Norris gave him (Fred Jenkine).
.S13 to kill Smith. all of whica test;-
monv was strongly denied by Witness
Claude Norris.
Wilkes Parr was examined by the
defense as to the proof of alibi for
Senl. placing Seal little before the
time OF the murder at. some distance
from tile scene of the crime.
Denies Her Affidavit.
& Then came Mrs, Fred Jenkins, who.
IT. appeared had previously made an
affidavit tending to show that her
do with Smiths taking off. Tie de-
Tense introduced the woman as lately
having been hostile witness.
She swore that she signed the said
statement at the direct commlnd and
threats of he.. mother wife of Villa m
Seal. and further She said tnat her
mother told Ler that the only way her
father (SeaD could be cleared of
Smiths murder was by her (Afrs. Jen-
kins) swearing in court thai William
Smith had had criminal relations with
her
Next appeared in the witness box
Mrs. William Seal, wife of the man on
trial. This witness said that on The
evening of the killing of Smith both
she and her husband were at home at
about the time the murder was taking
place. eating supper, and that Fred
Tn II s{tNs -t1n mt L., .
then absent. and that she and her hus-
band sat at the supper table for nearly
two hours. waiting for jenkins to come
home to his evening meal. Hc then
came. but gave no account of ms long
absence. She also strongly denied all
that her daughter. Mrs. jenkins, had
Just sworn to as to Mrs. Seal telling
her that she must swear to Smiths
relations with Mrs. Jenkins in order
to clear Seal of killing Smith.
Mr.. j. w. Jasper was examined as
to what Mrs. William Smith had sworn
to In regard to the time Of her hus-
band being killed.
Mrs. Rosa Seal said that William
Seal was at her house, In Madison
county, after l2 O'clock on the night
of the. killing.
Evidence In RebuttnI.
The defense here rested its case, ana
the Commonwealth In rebuttal called
Mr.. Wise Dodson. who swore that VIII
liam Seal WAS a Very brisk walker,
and provoked a ripple of laughter In
the courtroom by saying that Seal
could get over the road with pretty
light foot.
Both sides here said to the court that
they were through with their testi-
mony. and the court thereupon charged
the jury with his instructions, which
We're considered fair to both prosecu-
ton and defense.
! Commonwealths Attorney Charles
NJ. Waite then began his clear and
forceful address to the jury. Mr.. Waite
we'll analyzed the testimony and made
n strong argument
He was followed by Messrs. Keith
and Wampler. counsel for the accused.
in arguments at once ingenious and
eff ctivc.
They We're followed by the States
attorney. The case was then given to
the jury, who immediately returned a /
verdict OF acquittal. and Seal was dis
s.
Fred Jenkins Will next he put on
trial for his life for killing William
Smith,