Daily press. [volume] (Newport News, Va.) 1896-current, 1908-04-24
d ID
|WITCHENAH CASE WILL
CD TO THE JURY TO-DAY
Evidence 3 Is All IN and Argument
Upon Instructions Is
Finished.
HUGH TESTIMONY N REBUITAl
Sergeant nrdsors sweara Accused
Told HIM There wer, ry,o Bail
Cartridges IN Gun when Shooting
Occurred : Displayed Revolver on
Steamer Coming From Pine Beach

's'n'' Coming From Pine Beach
Harrison Witchewnhs case viii he
placed In the hands of the jury IN
!. INC Corporation Court today
The arguments before tho iury win
pnSin soon after court convons this
morning ana present expectations arc
mat me final speech will he conclnd.
vi early in the afternoon session.
nc defense rested It's case AT noon
Yesterday and the commandments
s completed It's testimony In rohuttnl
'ow minutes after tho RECOMMENDING
W court In The afternoon. The re.
tua,nher OF the afternoon session wns
spcn. III arguing on the ,instructions
tne jury, which were submitted
~ .no commonwealth ana defense
suuse Barham now has the instruct.
IONS under consideration.
On the opening of court vo.,or,o,.
morning Witchcwah was rccnlic, ~
,, .aha ana for nearly two hours
w"A suolec'ed To skillful cross
9eAhniination by commemorative Al.
,ornoy Charles G. Berkeloy scyora,
times Captain Berkeley trInucd Inn
& Witness on material points IN his Toe.
i,niony. He made the Witness mimi,
ihat on The Monday followlny ,ho
shooting he told Detective Sergeant
Henry Bridgors that thoro wns om,.
.aau lullet In the gun nj tho Tine ~
hu slinoting. hut the Indian wont m
% say that as the woman wns shn,
mere must have been bullet IN I'm,
gun, '""'' ~ ,he
credibil,y Attacked.
III spite of The strenuous orrnr,,, .,
'ho attorneys for the defense Ia nr,,.
vent II, tho commemorative nt,ornn,
n.erciiessly ana successfully attacked
nc credlbillty of Witchcwah as w,t.
ness. Sergeant Hridgers was plncnl
IN me stand aud testified that tho In.
aian tol.l him on the Monday follow.
.hg tue shooting that there were tw,
Dunets In the gun. but that he though.
.Hhl the gun was ION blanks a..
sprheys r. NJ. Lett aud Alfred II
franc fought long and hard 10 OK.
c'nda Sergeant Bridgers' Testimony
snu "iso 10 prevent Captain Berkeley
from cross examining Wltchcwal
ABOUT his statements to that officer.
inoir objections to the TESTIMONY mn
cross examination were repeatedly
oYerrniod by The court aud In every
ihs'unce the attorneys noted oxccpt.
iufs 10 the courts ruling. DURING
.hns tme The warmcs, and hittcrest
legal fight of The trial was ma1e and
.no commemorative attorney was IN
n'iu ny the court IN cvory Instance,
saw Witchewah Load Gun,
" me repittal testimony. Captain
y hcrkciey brought out some of the
most damaging evidence that has hecn
onercd against the Indian Three
witnesses declared that they saw
Witchewah place shells In his gun
On me IVY avenue steamer when he
was coming to Newport News on The
evening OF the murder. "Wednesday
tha Indian testified that he took The
ivaucd shells out of his gun Mt Pine
{ Bcach hcfoi2 starting for this CITY,
ihat later hr threw the shells away
ana that he did not put any more
into tho gun
ne court room was crowded again
yesterday, The crowd probably heinz
Hrser tllan on any previous day OF
tna trial Although nearly the en-.
trp Afternoon session WAS consumed
ny arguments on the u instruction,
TOR nc jury that We're submitted hy
ny commonwealth and denfensc. the
< spectators remained N the courr.
S thinking that the argument before the
z jury would begin. However. the
argument on the instructions wnxcd
pretty warm on several occasions aud
me spectators found plenty to intcr.
esl them, Attorneys n. NJ. Lett and
aired ~ Crane offered strenuous oh.
Jections 10 the five instructions OFFER.
! en- Dy Captain Berkeley. and The com.
monwoalth's attorney offered argu.
ment to the III Instructions submitted
by the defense. The argument ON
ihe instructions will be continued this
) morning, but II is not expected TO con
surne very much time.
The Instructions,
-Four OF the FIVE instructions offer
cd by Captain Berkeley are for muir
9 ucr IN the first degree. The other
instruction states that II the jury he
lieYes from the evidence that at the
time of the killing of Dora Hall the
accused was under the influence of
LIQUOR, voluntarily taken by him tho
Hsid intoxication Is in law no excuse
~ The act done. unless the Jury be.
iifye5 That such intoxication did dc.
Drive the accused at the time OF the
shooting of the mental capacity to
form deliberate purpose to kill. In
(which event, the Jury may find the
accused guilty of murder in the sec,
ord degree.
Practically all of the instructions
9fforcd by The attorneys for the de.
tense are for acQuittal on the ground
bat The shooting was an accident and
'3at the defendant was Intoxicated al
tllH time Of the shooting. The IN.