The Democratic advocate., 1908-11-20

pushed pulled a revolver and fired,
and | saw another man fall" con-
cluded Mr.. Taylor.
While unable to describe the man
who had pushed Harig, witness was
very positive that it had not been the
man who was shot an instant after
ward.
Bennie Franklin, pugilist, said Ma
hon made no demonstration against
Harig, while the latter said, well, if
you want it, I'll give it to you," and
with these words had pulled the trig-
ger.
John ]. Mahon, nephew of the man
killed, testified that he asked Harig
shortly after the shooting why he had
killed his uncle. Harig replied, He
called me a blackmailer, and I shot
him."
Detective Dick testified to the rela-
tive size of Mahon and Harig. The
prosecution here rested it's case.
In the opening statement for the
defense Mr. Hayes said the jury were
the judges of the law as well as of
the facts. He quoted from different
authorities, and in his argument said:
Il wish to emphasize the legal right
Of a person to act in self-defense in
the face of apparent as well as ex-
listing danger. The fact that there was
no revolver, or even an unlOaded re-
volver, upon the man advancing upon
Harig does not act against the de-
fendant, who is presumed to be inno-
cent until proved otherwise.
'Of course, William F. Harig has
been indicted for murder and arraign-
ed in the dock, but you still must pre-
sumo him innocent.
Previous insults, intense hostility
motion toward the hip pocket, all must
be taken into consideration. I read
to you from authorities regarding
man advancing with motion toward
the pocket, slight movement and pre-
vious actions"
| Mr. Hayes then read that these were
antagonistic motions and emotions
and favorable to the defendant. Mr..
Hayes spoke of previous intimate re-
| lations between the principals of the
tragedy, and asserted that Mr.. Mahon
had been drinking, but not excessively,
and that Mr. Mahon had sweet and
| lovable disposition when mot in his
cups" which at other times was the
opposite"
Richard M. Jones was the first wit
ness for the defense. He said he was
formerly resident of Baltimore, but
now lives in Chicago, whence he came
! to Maryland last Friday. He is a
horseman. First detailing his move
ments during the early evening hours
of March 81, Jones got down to the
actual tragedy. On passing two men
on the corner he had heard one man,
who later was shot, saying to another
presumably Harig: "You blackmail-
ing -! When l get through with
you you'll never get home" The man
who later fired the shot raised his
hands to avert a blow from the later
victim, friends then grabbing the man
who was finally shot
Stay away from me; l want moth
ing to do with you;" said the man who
later did the shooting, continued the
witness, and friends took the other
man back toward the hotel entrance.
The man broke loose and rushed for
ward, with some remark, and the man
who did the shooting kept his hands
up and kept saying, keep away"
Then the first man (Mahon) put his
hand to his hip pocket and the other
man fired the shot. A moment later,
said Jones, he saw Harig in the hands
of an officer.
torney Owens could get very little out
of the witness. He kept him on the
stand long time trying to get him
to tell something definite of his move
ments before and after the shooting;
| but failed to great degree.
Jones did tell that he had stopped
in Baltimore at Mrs. Maykrantz's,
North Front street, and also admitted
that though he had said he left Bal
timore in June that he had returned
in July. He could not tell where he
went after leaving the Raleigh, and
denied that he had read any reports
of the case, except the day after the
shooting, and had not attended the
trial until today, though he had been
here since Monday morning.
Mr.. Owens had noticed the man sit
ting around the Main Court Hotel,
and the Baltimore detectives tried to
get in conversation with him, but he
would not talk to anyone. Immedi-
ately after concluding his evidence, he
paid his bill at the hotel and left town.
Four boys, who were playing near
the scene of the shooting, were next
called, each of whom testified that
they heard Mahon call Harig black
mailer and that he would never live
to get home. They said Mahon put
his hand to his hip pocket as though