Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-11-28
OLLIE HARRIS GUILTY
Convicted of the Killing of John
Henson Poole.
MURDER IN SECOND DEGREE
Verdict of the Jury Returned to
Court in Rockville.
JUDGE RESERVES SENTENCE
Penalty Prescribed by Law Is From
Five to Eighteen Years in
Penitentiary.
Special From a STAFF CORRESPONDENT.

evening OF murder in the second degree
Inc penalty is from five to eighteen year:
In the state prison. The case went to the
jury at 6:12 o'clock. An agreement was
reached at 6:47, but the jury could no,
report until 1880, because the court, at
torneys and other interested parties were
at supper.
There were two ballots. The result OF
the first was eleven for murder In the
second degree and one for murder in the
first degree. On the second ballot the
man who voted for murder in the first
degree on the first ballot came over
Judge Henderson did not pronounce sen.
tence tonight, but withheld his announce
ment until Tuesday, when the court will
reconvene.
The verdict is taken as a distinct vic
tory for Edward and Robert Peter, coun-
sci for Harris. At the outset it looked
as If Harris did not have chance. There
We're no instructions to the jury as, under
the Maryland statutes, the jury is judge
of both the law and the facts.
Jefferson Harris, father of the defend
ant, and Miss Sadie Harris, the defend
ants sister. remained about the court
house until the verdict came in. While
they said nothing, they appeared to be
pleased that 1t was no worse.
Convicted Mans Comment.
On the way back from the courthouse
to the Jail, after the verdict was an
nounced, Deputy Sheriff Hewitt. who had
charge of the prisoner, asked Harris what
he thought about it.
They gave it to me pretty rough,
didn't they?" Harris replied. Then he
asked what the penalty was.
From five to eighteen years. Hew-
lit replied.
Gee whiz,' said Harris.
Harris fate was placed in the hands
Of the jury late this afternoon, at the
case went forward rapidly after the
jury was selected yesterday morning
and was almost entirely free from those
dramatic incidents which usually mark
q murder trial.
Practically everything that came out
at the trial was known beforehand. and
much that everybody within a radius of
ten miles Of Rockville knows was not
court. The attorneys for the defense
made the best out of an apparently hope
less case.
Never a Matter Of Doubt.
That Harris killed Henson Poole was
never left in doubt. The defendant con-
fessed to the murder when he was taken
to the Baltimore Jail shortly after his
arrest. He confessed again when he
was brought back to the Rockville Jail
a few weeks ago, and repeated his con-
fession on the witness stand in court
yesterday. There We're but two points
in the case that admitted of doubt. One
occurred during the night of July Il
or early in the morning of July %; the
other was Harris motive.
Harris said in all three Of his confess
sions that he killed Poole in self-de-
Tense during a drunken brawl. The fact
that he took from Poole's pocket, after
he had killed him a roll of bills amount
ing to $50 formed the basis of Special
Attorney c. w. Prettyman's plea for a
verdict of murdr in the first degree.
Mr.. Prettyman was specia! assistant to
cution of Harris. and upon him devolved
most of the burden of the states case.
He conducted the cross-examination of
Harris and made the opening argument
for the state.
Naturally, Attorneys Edward and Robert
Peer, who defended Harris, made a
plea for manslaughter on the ground that
Harris shot PooIe in self-defense. That he
continued firing bullets into Poole afte,
the latter lay stretched upon the floor OF
his own room and, after he had killed
him. dragged the body into the closet and
hid it and then took all the money Poole
hau, Robert Peter made light of.
The continuation of Harris attacks or
Poole after he had him in helpless con-
o-tion, Mr.. Peter told the jury, was due
to his excited condition. The taking Of
the money was an afterthonght.
Argument Of the Prosecution.
Mr.. Prettyman said that the evidence
showed that Harris went to Poole's house
with the definite purpose of getting the
II. ney: that he murdered Poole In colo
blood for the money.
the defense Harris attack on his aunt
Mrs. Clara Harris, which occurred two
days before Harris was arrested and be-
fore Poole's body was found and three
weeks after Poole was killed, was no
allowed to be brought out in the trial
Had this come out it is believed by many
verdict of murder i'll the first degree
would have been given, and the states at
torney's claim that robbery was Harris
motive in the killing of Poole woulC
easily have been established
The states attorneys failed to force the
fact of Harris assault on his aunt into
the case when Sheriff ,,ulliken was on
the stand. He spoke of having arrested
Harris, but the states attorneys did no,
ask what he arrested him for. 1t was
for the assault on his aunt. for when
| Harris was arrested his connection with
the death of Poole was not known, al
though 1t was suspected.
BY the time harris took the stand
| today the fact that he killed Poole was
we'll established. 1t was not until this
morning, however, when his mother and
sister testified that he had slept at his
home the night of July u, that any thing
| definite as to the time of the murder
came out, except in the confession Harris
made to Police Capt. Humphrey at Bal
timorc. which was admitted In evidence
Yesterday, and his confession to Collins
which Collins described in court this
morning. The testimony of Mrs. harris
and Miss Harris fixed the time as early
on the morning of July II.
Story Told by Harris.
On the stand this morning Harris told
! a STRAIGHTFORWARD story that tailed with
his previous confession in all the essen
| tiaIs. He said he was with Poole at
TreyiIah the night before he killed him,
and that he saw Poole with money. but
| denied that he went home with Poole
that night 1t was not until early ..le
next morning that he visited Poole he
said, and then it was to buy whisky He
| and Poole drank together and suisse
ouently quarreled because Poole wanted
| TO nut water in the whisky he was about
| to sell Harris. When he arrived at this
| point in his story Harris, whose nervous
ness was betrayed by constant move
ment of his feet, pulled himself together
and went on
| I'VE were sitting on his cot. He
| called me a vile name. | got up off the
| cot and stepped back telling him not to
call me that again.
"I'n do more than that, you - he
said. TN kill you
| Poole reached back to the window sill
| behind the bed and picked up a hammer
As he came at me with 1t I hit him with
my fist and knocked him down.
i Ia made