The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-07-12
Slayer 81 Fairfield Smiles as Yer.
dict Is Announced BY
Clerk.
PATHETIC SCENE in COURT
Spectators Ordered Out While
Woman Testified to Save
Prisoner.
guilty.
tSiEncd)
a. LEE THAw, Foreman.

4 j r
a. LEE THAW, Foreman.
In absolute stiffness the courtroom
y heard yesterday this pronouncemen'
z from the Jury that once again made
g. Butler. tried for the murder OF
John j. fairfield. on the afternoon OF
May 18th. free man. Not ripple
broke through the heavily charged at
mosphere, for Judge witt, Just before
the jury entered. gave warning that
he would send to jail any man who
started the least demonstration.
AS the members Of the jury filed past
Z him. Butler gazed intently in the face
OF each. They were stolid and with
out a sign. But before they took their
chairs. one OF them in passing the
clerks desk said in reply to the lat
ter's query, Not guilty" and the
h prisoner knew he was to be free.
Rush OF ConErn tulations.
When the verdict was announced in
proper order, Butler's aged step-father
came forward and silently shook his
hand. Then others. many Of whom
had never seen the prisoner before his
trial began, crowded forward. and there
followed siege of handshaking and
/, whispered congratulations. Butler
smiled, but without ela;lon. Told that
he was discharged and that he might
gofwhere he liked, he walked out. after
the Handwriting, to meet his mother,
i his wife and his child. TfAn he went
+ home. which he had not seen since that
afternoon when he picked UP his little
daughter and Kissed her good-by. She
Z asked him when he was coming back.
but he went out without reply. and In
less than half an hour fairfield was
shot and killed.
Except when Butler and his wife and
one or two others were placed on the
stand, most Of the testimony adduced
yesterday was from character witness
es and was unimportant. When Mrs
Butler was called Judge Witt ordered
4 the courtroom cleared
..Are you ready for Mrs. Butler?"
asked the court.
..Yes,' replied Mr.. H. NJ. Smith.
Her position will be very embar-
assing." said Judge Witt, and ] Will
throw around her every protection
that the law allows" The room was
cleared. and remained so for an hour
and a half.
Mrs. Butler confessed everything to
save her husbands life. Her testimony
was frequently Interrupted by fits of
weeping
Butler related the circumstances
leading up to and surrounding the
shooting. of fairfield. He hunted for
Fairfield until he found linn at the cor
ner OF Eighteenth and Franklin Streets.
He charged Hairfeld with having in
yadad his home. The latter, according
10 The evidence of the accused, placed
his arms around the man whose family
ties he had ruined, and wanted to
argue the matter.
Blinded with rage al the insult from
Hatfield. Butler showed him off and
fired.
Begged Him Not to Shoot.
AS the third shot rang out, fairfield
turned and begged. Don't shoot any
more you've already killed me-" Then
he confessed The evidence of hus-
band and wife created powerful inn
preston on the jury. They listened
still and silent as the sorry tale was
recited. Mrs. Butler went on the stand
at 1880 o'clock. AT 1880 o'clock the
doors were thrown open again. and the
large crowd1sprged into the courtroom.
The taking Of testimony had been COM
q pleted. and the Instructions had been.
E prepared. Thirty minutes was the
time allowed for argument. AT l:5o
the case was given to the jury. They
were called out. after having been in
session twenty-five minutes. and or
dered TO dinner. But Foreman Thaw
Il said that II. would take them only
twenty five or. thirty minutes to come
10 an agreement, and asked that they
Il he allowed to continue. 1T was $3.50
o'clock when the verdict was rem
dered.
Court convented at 10 A. NJ D. G.
butler was the first witness called.
He had known Butler twelve years.
He stated that Fairfield had asked
him to go TO Buffers home1for a good
time. He did not go. Then came the
character witnesses Messrs. Mallory,
McSweeney and Hockaday testified
that theyN knew Butler, and that he.
4 had always borne a good reputation.
L Mr.. William Knowles had met Butler
when he was on his way to Hot
Springs, Ark, to be treated for rhel-
1natisn, He had to be carried in the
+ train. for he was almost a physical
wreck Messrs. Greenstreet, Johnson
and Bell and Police Officers Hughes
and Carter also testified to the good
character OF the accused.
II will give you forty minutes EACH"
s said Judge Witt to the lawyers.
~ I'VE have agreed on thirty minutes"
said Mr.. Smith. hut am willing to
rest the defense now
Modified Murder Plcn.
Commonwealth's Attorney Folkes
I opened. He said that he was con-
cinced, after having heard the evil
dence, that IT would be folly TO ask
\ for, conviction for murder in the first
or In the second degree but he in
sisted that the killing was voluntary
manslaughter, the penalty for which
5 Is from one To- five wears In the peni-
tentiary. The information Of the
relation between the deceased and the
wife of lie prisoner" he stated. came
to Butler between and o'clock and
THE killing did not take place until a
few minutes before o'clock that af-
1ernoon. Did that give the prisoner
cooling timo'g Was 1t in sudden
* transport Of passion that he com
united the crime? You may be APP
8 peaied 10 on grounds OF sentiment by
the opposing COUNSEL he said, but
we 8all love our homes The law and
he court instructs YOU that the law
does not allow a manNto kill another.
+. will you decide according TO law or
not? One may labor under partial in :
81 sanity, but II he understands the ma :
tnrs Of the act and It's consequences
and has knowledge that ii is wrong.
then he IL guilty of ,nansaughter