Daily press. [volume] (Newport News, Va.) 1896-current, 1908-04-30
Prisoners Story Of Killing Of Ihao-
dgre HsImsP Evidently
Was Believed.
VERDICT SOMETHING OF A SURPRISE
Most Of Those Who Had Followed the
Case Expected Penltcu,iary sen.
tents Friends inclined to nlake
Demonstration in the Court Room
Spent Eishs Months in Jail.

After being out one hour ana i've
minutes. The Jury in the Corpurluo,
Court at $40 o'clock yesterday az
ternoon returned II verdict OF mot
guilty In tho case OF Dan Waterman,
charged with killing Theodore Holmcs
In Smsdley's saloon on Huntington
avenue on the evening of August ~.
1907
After Foreman John !. Cottrcll hal
read the verdict. Watcrman's friends
in the court room started TO make
demonstration. hut they were admon-
ished by Judge Darham TO maintain
order. However. one man, whose
name could not bc learned, called TO
Waterman several times and judge
Barham ordered City Scrscan. L. w,
Milstoad 10 arrest the man. Tho
prisoner wax carried before the Judge
and after being given severe rep
iimand was ordered from the court
room.
On hearing tho verdict Waterman
turned to the jurymnn. salutcd with
his right hand and said: IL thank you,
'sentlemcn" Later he shook hands
with and thanked the Jurors. Whom
court adjourned and Waterman was
released. his friends and relatives
crowded about him and aftor many
hand shakes escorted him from the
court room. a free man after eight
months Imprisonment.
Verdict q Surprisc.
The verdict OF tho jury came AS n
surprise to most of those who han
followed the case for 1t seemed to he
the general belief that the prisoner
would get II ponitcntiary sentence.
At the first trial several months ago,
Waterman was sentenced to two years
in the pcnitcntlary, but tho verde,
was set aside by Judge Barham AT
Z that time Waterman did not admit
having killed the mnn. AZ this trial,
however,, he took the stand in his OWN
behalf. and described to tho jury how
he stabbed both the lielmsr mon. His
plea FOR the cutting was self defense.
When court convened yesterday
morning the argument ON the instrnc-
tihho w lhte DNN"hs NV ''''''t
items were nnaliy agreed upon shortly
before noon and were read 10 tns
Jury by Judge Barham. The instruc'
lions for the commonwealth were
based upon voluntary manslaughter.
Those OF the prosecution related 10
Killing In self defense.
The Argument.
II was nearly noon when Attorney
< S. Stanley Scott, who assisted Com
monwealth's Attorney Berkeley in the
prosecution, opened the argument be-
fore the jury. He spoke Tor more
than an hour, asking for verdict OF
voluntary manslaushter with tho OK
treme penalty. His plea was based
upon the fact that neither OF the Hell
iner brothc :, were armed; tina: WA
terman was more than match Tor
either of them In II fstic encounter
and therefore was not justified in us
ing deadly weapon.
Attorney C. c. Mitchell, who dc
Tended Waterman in both trials, fol
lowed Mr., Scott. He spoke FOR nearly
an hour. asking the jury Tor YER
dict OF not guilty on the grounds oil
self defense. lie declared thut Ms
was sorry for George tlclmer, Tor he
WAS the cause Of the trouble which
ended in Theodores death.
Commonwealth's Attorney Berkeley
male the closing speech for the pros
I ecution, consuming about half hour.
His address was a strong one and ne
urged verdict OF voluntary man
slaughter with the extreme penalty,
flse years In the penitentiary. Ho
went over the evidence IN the case
carefully and declared that Waterman
had provoked the attack upon him
self by the IIelmer brothers by his
speers.
The captain finished his address al
4:a0 o'clock and the jury retired at
4:s5.
The jury was discharged until 10
O'clock tomorrow morning. when 9th
er criminal cases will be taken up.
tlquc- licenses Today.
Today Judge Barham will pass upon
the uncontested liquor licenses. Fifty.
one applications for licenses have been
made and present indications are That
only few more will be filed today.
PLENTY OF Trcubic