Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1909-10-02
INVOLUNTARY MANsLAUGHTER

The case of Prof. j. ID. Harris, on
trial for the murder of W. A. Thomp'
con, of the Warrenton Virginian, was
given to the jury 10 Wsrrenton last
night.
Three sessions 10 the case was held
during the day. All the evidences In
the case was concluded st the morning
session. Just before the hearing OF
evidence was concluded Commonwealth
Attorney Keith attempted 10 have Mrs.
Thoup,ou, widow Of the editor, and
Albert Fletcher, it,, state whether they
had ever heard Thompson make threats
against Harris. The Court sustained
the contention Of counsel for the de.
feuss by ruling the evidence out ss im-
proper.
Following the reading of the instruc-
lions by Judge Turner, Major McIn-
tyre, who was assisting Prosecuting
Attorney Keith, opened the argument
for the state. The turning point in
the whole Harris case was the question
whether or not Harris really uttered
threat against Thompson's life, then
armed himself and on the same evening
shot and killed the editor. This was
the contention OF the commonwealth,
and it formed the basis of the closing
argument made by Prosecuting Attor-
nsy Keith last night. Mr. Keith closed
for the state, bis speech following the
argument ending the case for the de-
Tense and made by Marshall MeCor-
mick.
Mr.. Keith contended that when
Harris said to Miss Agnes S.rother, on
the evening Of the shooting, after Thomp-
son bad used vile and insulting Ian.
yusge toward him at the rail-
read station, that Thompson ought to
be shot, and when he (Hsrris) went
aud armed himself, after leaving Miss
Strother, that his actions constituted a
threat against Thompson's life. To
this view OF the case the attorneys for
the defense took precisely the opposite
ground. Mr.. Mccormick, in his clos
ing argument, declared that for six OF
seven months prior TO the killing Thomp-
SOD had repeatedly cursed, abused aud
threatened Harris; that Harris had tried
on all occasions to avoid him. and that,
finally driven to the limit of endurance,
the frsil Harris, amid sledge hammer
blows rsined upon him by the big and
powerful Thompson, had drawn bis
pistol and fred to preserve his own life.
Msjor Mcintyre, in the course OF his
argument, made 8 vigorous attsck upon
Professor Harris, chamcterizing him as
8 murderer and pistol toter. he paid
glowing tribute to the character OF
Thompson, during which ThompSon's
widow, who was 10 court with her two
bi'dreD, wept softly behind her black
veil.
A feature of the afternoon session was
the argument of Richard Evelyn Byrd,
chief counsel for the defense. Mr.. Byrd
answered Msjor McIntyre's attack upon
his client. he said that Mcintyre was
paid TO assist the prosecution. Livid
with rage, Mcintyre jumped to bis feet
aud Indignantly denied it, declaring that
he had been requested TO take part in
the case. Thompson, Mr.. Byrd declared,
was 10 homicidal temper when he APP
preached the fatal difficulty. He had
that day beaten an inoffsnsive negro 10
q barroom. He had cursed and insult.
ed Harris and had said that he would
cut Harris throat.
State Senator George L. Fletcher, for
the defense, declared that the evidence
showed that Thompson was the aggres-
sor during all the trouble between the
two men and that Harris was the hunted
and pursued. Harris, Mr.. Fletcher said,
could not have done otherwise than to
take Thompson's life.
The instructions granted by the court
cover thoroughly the law OF self defense
and give to the defendant every right
under the law. They say that il Harris
believed he was In imminent danger OF
bodily harm, he had the right to defend
himself; II Harris was exercising the
right OF self defense and acting reason
ably within that right when he shot
Thompson the jury must acquit him.
Such action, the instructions say, con-
stituted justiiable homicide.
Warrentop, Oct. 2 The jury In the
Harris case at o'clock today returned
verdict of voluntary msnslaughter aud
fixed the penalty at four years In the
penitentisry. An appeal was noted.
The jury Was unanimous for punish.
ment on the frat ballot. The second
ballot was taken for tine purpose OF
fixing the amount OF punishment
Harris took his conviction composedly.
His brothers and sister appeared more
concerned with the verdict than did
Harris himself.
Attorney Z. E. Byrd Immediately
made formal motion to set aside the
We dict which was denied by the court.
Richmond, Va, Oct. 2.-Professor
Harris was found guilty Of granddaughter
at Wsrrenton today ard bis punishment
fixed at four years in the peniteutiary.
He killed Editor Thompson OF the War
rsnton Virginisn last April. The yer.
dict occasioned some surprise In Rich
mond, the opinion being that the &C,
cused would be acquitted.