Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1909-12-03
OLIVER HARRIss CONVICTED.
Murder in the Second Degree" the
Verdict of the Jury.-Gets 70
Years In Penitentiary.

Tears IN Pen1TchTlory.
The trial of Oliver Herman Harriss for the
murder of John Henson Poole in a lonely
cabin near Travilah, this county, on July
22nd last, was begun in the Circuit Court
here on Thursday morning of last week
and concluded on Saturday evening last
shortly before o'clock with verdict by
the jury of murder in the second degree.
1t is understood that the jury reached an
agreement within half an hour after re-
firing, though the verdict was not returned
to the court until little later.
All of the first and part of the second
day of the trial had been consumed before
the entire jury could be empaneled. 1t was
finally completed as follows:
John H. Cordell (foreman), Louis W.
Barnesley, Leonard L. Nicholson, Walter
Fl. White. Josiah j. Hutton, William P.
Jones, George Riggs, Andrew G. Daily.
Clarence Moore, David S. Craver. Francis
p Musgrove and Clifford L. Howard.
States Attorney Bowie F. Waters was
assisted in the prosecution by Mr.. Charles
W. Prettyman, and Harriss was defended
by Messrs Edward c. and Robert B. Peter.
Judges Henderson and Motter presided.
In his opening statement to the jury
States Attorney Waters said that the evil
dence would justify a verdict of murder in
the first degree; that it would be shown
that Poole, the murdered man, and Harris
were together at Travilah on the evening
of July 81; that Poole exhibited a roll of
money, remarking to Harriss. Don't that
look good to your" to which Harriss replied,
1T looks good to me at any old time" that
Poole had been heard to ask Harriss to
spend the night with him and Harriss had
replied, II don't care if do" that on the
following morning Harriss was seen COM
which Poole lived, and that he stopped at
the house of friend. gave him whiskey,
of which he had two quarts, remarked that
he had plenty of money with which to buy
of money.
CONFLICTING EVIDENCE.
Testimony was presented tending to sus-
tain these facts and the further allegation
that Harriss was not at his home on the
night of the murder. but this contention
was contradicted by the accused and by
his mother and sister. 1t was developed
that Harriss went with two ladies in hired
carriage to the Masonic Fair at Rockville a
few hours after the murder was committed,
and spent in idle pleasure and riotous
living the money he had taken from the
dead mans pocket. How much money
did you find in Poole's pocket9" he was
asked by one of the judges. "Fifty-two
dollars and some small change" was the
prompt reply of Harriss, looking squarely
in the face of his questioner. Did you
take it all ?" was the next inquiry Il took
every cent of it." was the cool and bust
ness-like response.
The theory for which the State commended
was that Harriss killed Poole, while he was
asleep on his couch, for the money that he
got, and that if there had been fight and
struggle before the horrible deed was done
and at the time when Poole was first
shot and his skull smashed in with a ham
mer, while on his feet in a part of the
there would have been evidences of it
such as had not been found in the place.
The contention of counsel for the defense
was that Harriss went to POole's cabin to
buy whiskey, which the latter was engaged
in selling that the two got into dispute,
after drinking together. which led to a
drunken brawl. and that Harriss. having
been first attacked by Poole. killed him in
order to save his own life. The defense
also claimed that the rifiing of the dead
mans pockets was an afterthought on the
part of Harriss.
Some three weeks after the murder of
Poole, Harriss was arrested and carried to
the Baltimore jail. A short time later he
signed written statement. confessing the
killing of Poole. A few days before the
beginning of the trial he again admitted
that he took Poole's life.
Attorney Edward C. Peter made vigor-
GUS speech in opposition to the admission
in evidence of the signed confession. but
after it had been shown that the confess
sion was voluntary on the part of Harriss
and that no promises of any kind had been
made him, the court admitted the paper.
which has been heretofore published and
is in substance very similar to the story
told by the traverser on the witness stand.
THE STORY HARRIss TOLD.
The most remarkable testimony in the
trial was that of Harriss himself. Pausine
a moment after detailing how he shot his
friend Poole the first time and smashed
deep hole in his head with a hammer he
calmly continued: HE fell on the mattress,
and | then deliberately shot him twice
more" Beginning his testimony by stat
ine that he was 23 years of age; that he
he was born and reared in Montgomery
county, and that he and the murdered
man we're friends and distant cousins, he
stanchly faced the bar. the jury and the
crowd which thronged the court room. and
in a firm voice thus proceeded with his
well-connected narrative as if it had been
a studied recitation:
About 9 O'Clock the night of July 2lst
left Waters store, at Travilah, and went
home. Poole was there when left When
| reached home my sister and friend,
-, thA ind
They retired about midnight, and | read
for about half an hour and then laid
down on couch in the room and went to
sleep
II had promised my sister and Mrs. Pear
son to take them to the Masonic Fair at
Rockville, so the following morning arose
early and went to the home of Poole for