The Washington times., 1909-10-02
Warrenton Teacher Must
Serve Time for Killing
Editor Thompson.
DECISION REACHED
BY UNANIMOUS VOTE
End TO Hard Fought Trial Comes
After Talesmen Deliberate
for Two Hours.

wARRENToN. Va. oct. -Four
years in the penitentiary for Prof. J. d.
Harris for killing Editor ". A. Thomp-
son was the verdict OF the jur, this
morning, after being out just two lours.
The jury was unanimous for punish
ment on the first ballot. The second
ballot was taken for the purpose Of fix
ing the amount of punishment
Prof Harris took his conviction com
posedly scarcely changing his position
when the verdict was announced. His
brothers and sister appeared more con-
cerned with the verdict than did Harris
himself
Attorney r. Z. Byrd Immediately made
a formal motion 10 Sc, aside the YER
dict which was denied by the court.
After the speech OF Prosecuting Attor.
ney Keith last night conviction for
mansiaughter Rss confidently expected
by many peopls OF this city. II is gen
orally believed that the appeal In this
speech turned the tide against Harris.
Arguments Finished Late.
At o'clock this morning. judge
Turner met the jury and delivered TO
them the instructions prepared. placing
the case IN their hanGs.
1t was not until almost Ii o'clock LAST
night that the attorneys finished their
arguments and the jurors then declared
they were too tired 60 attempt to reach
a verdict before retiring.
The Harris case was fought most viz
orously up 10 the very last minute be-
fore the jury retired Interest was in
tense thrOughoEI the last hours and the
court house WIS thronged with people
s.svho wanted TO hear Gle .eches - the
attorneys. Arguments did not beEIn
yesterday until 2 o'clock, but by noon
every seat in the court room and every
available portion Of standing room was
occupied
AT o'clock there was a long line OF
people az the door patiently waiting for
a chance TO succeed any one who should
come out Court adjourned for dinner
at 5,30 O'Clock, but nearly all OF the
people having seats in the court room
retained them and missed their dinner
rather than lose their seats.
Harris Is Denounced.
Major r. A. Mcintyre. who opened
for the prosecution, was particularly
bitter in his denunciation of Prof Har-
ris for shooting Editor Thompson. He
ridicuied the plea Of self-defense and
declared that Harris should have stayed
away EEOUl the DldEE1 AIt4utlAL64 %
his enemy II he expected trouble.
In opening for the defense, Richard
E Byrd. speaker of the Virginia
House of Delegates, elOquently de-
shooting Thompson for his alleged
constant persecution and abuse. It
could not be expected ne said. for
a Virginian to suffer constant abuse
and disgrace without reSentinE It
Harris had, he claimed avoided
Thompson more than man OF honor
should have done.
He had permitted his profession
and his slight statue to keep him
away from Thompson, Byrd said Byrd
was particularly eloquent in his clos
ing, many Of the spectators being
Attorney G. l. Fletcher followed
with careful discussion OF the evil
dence. He insisted that throughout
the seven months OF trouble between
the teacher and the editor. the latter
had been the constant aggressor. That
even school teacher should turn
on his prosecutor at some time was
no more than could be expected, de-
clared Mr. Fletcher.
Sums Up Evidence.
In a powerful speech OF an hour
and three quarters. Marshall MoCor-
mick. Of Berryvtue, summed up the
evidence for the defense. He sdrolt-
ly pointed out the holes in the case
presented by the Commonwealth
showing the jurors the reasonable
doubts that might be had concerning
IL.
The defense was appealing TO the
Unwritten law as we'll as to the plea
Of self-defense, he said. No man could
be expected in Virginia 10 stand for
constant abuse in the hands of any
one. he declared.
IF you go across Mason and Dixou's
line. II is different. he said There
the man who IS called a liar responds
with You're another But in Virginia
the passing of the lie is followed By 2
blow
Mr. Mccormick pointed out that Har-
ris was innocent OF wrong IN the last
encounter on the street where Thomp-
son was shot The latter. ne said, was
that Harris did not have 10 retreat an
inch. but could defend himself to the
extent Of killing his enemy il he thought
his life or body in imminent danger.
Hits Unwritten Law.
Are We getting TO be nation with
out law?" asked Prosecuting Attorney
J. A. G. Keith. in closing for the State
Shall the unwHtten law be runE in In
every criminal case we try in this
does not know when he LAYS his head on
the pillow at night whether it will
amount 10 anything 10 protect him tire
next daN2
'.If the law doesn't suit you. send men
20 the Legislature and change IL. II We
don't want to obey IL. lets take il our
Of the books. I am Settng tired OF this
plea for the unWritten law when there is
nc unwritten, law. L do not want ore
law for the heart and another for rhe
statute books. The attorneys for the
defense ifaVe sought TO interWe Wea-e tbeir
skeiu OF unwritten law with their pYes
Of selt-defense They have put these
pleas IN together, and ask you 10 hr7s5
side the law of the state AMI 7c-i4,