Daily press. [volume] (Newport News, Va.) 1896-current, 1908-04-25
WI CiEWAH GETS TWELVE
YEARS IN pEAITEN1lARY
tconlInued from First Page,

Continued from First pago.)
:, ------77--.-------
mat there was great deal of trouble
erecting II compromise. some of those
voting for ten years holding out for
sometime for that sentence. II IS
said that none of the jurymen voted
for first degree murder
The rendering of the verdict in The.
case marked the close of one of the
hardest fought legal lattles In New
port News in years. This was the
FIRST case 10 be prosecuted by Com.
monwenIth's Attorney Charles c..
Berkeley, and pitted against him were
three able criminal attorneys.
His work met with the distinct np.
proval Of those who have followed The
trial and he was not fornd wanting in
any particular
Instructions to Jury.
Twenty-Five instructions were given
to the jury by the court. or these
IL were submitted by the defense and
Ave by the commonwealth or the
other two, one was for the defense
and the other for the commonwealth,
and both were written by Judge Bar.
ham. The Judge made changes In
several OF the Instructions offered by
both sides. The instructions for the
defense dwelt upon accidental killing
and killing by an intoxicated person.
Tho commemorative instructions
dwelt upon premeditated ana wilful
murder. ANA upon murder when the
murderer Is too drunk to he capable
of fOrminp M intent IN kill
These Instructions were submitted
ia Judge Barham by the attorneys In
the case Thursdny and were argued
for two hours. The judge took them
under consideration when the court
adjourned for that day. Court was
10 have been convened Mt 10 O'clock
yesterday morning, but II was 1l:45
o'clock when the Judge arrived at tnc
court, He explained that he had
been DELAYED " the length of time
required TO pass mon the Instructions.
He announced that he would allow all
except one submitted by the defense
and that he had inserted one In the
place of the one stricken out. The
changes In the instructions were OK
planned and the judge assembled the
bench ut l2:13 o'clock. He imme
diately read the instructions 10 the
jury and then commemorative Al,
iorney Berkeley began the argument
before the jury.
Captain Berkeiey's Address.
Captain Berkeley made an able and
mastergul presentation of the case
to the jury. his opening adj
dress consuming upwards of an
hour. In opening lie dwelt for
n few minutes upon the solemity of
the duty of the jury in carefully
weighing all of the evidence anu rem.
dering the verdict accordingly. He
then explained the six classes of homi-
eide as laid down In law. Launching
upon the recital of the evidence. he
declared that the defense admitted the
killing and then went on 10 explain
the relations that had existed'betwecn
the Indian and the woman
Taking up the letters hat had pass.
cd between the woman and her slay.
or shortly before the shooting. the
sneaker declared that they showed
that the Indian had mistreate the wo-
man, for in her letter she asked him
not to treat her so badly. for he was
worrying her TO death" by such
treatment Referring 10 a letter
written by Witchewah. the speaker
said that there was bad feeling ne.
tween the two lecausc in his letter
the Indian said that she had created
him dirty"
Speaking then of the accnsed's
movements on the day of the muir.
der, Captain Berkeley said that he
went 10 Norfolk after receiving the
$50 check and proceeded to have a
gay time there after running up with
some friends. "These pale faces mel
him and no doubt he got pretty
drunk. bnt when he got OH lie car at
Pine Beach he took The lead bullets
which he had bought in Norfolk ont
of his gun because he was afraid he
would shoot some one" declared the
speaker. ''He threw The shells away
because he was afraid he Nigh. re.
load the gun. AT Pine beach he told
some people he was coming to New.
port News after n woman. Why
did he leave Thomas IN Norfolk after