Daily press. [volume] (Newport News, Va.) 1896-current, 1909-06-30
All Evidence Has Been Heard And
Court Is Considering
Instructions
SELF DEFENSE IS THE PLEA
Accused swears That He Fired Upon
Negro After Being Struck by Rock,
and other Witnesses Support His
s.atements-Crowd Gathers In Court
Room to Hear "Jack" Lee.


Room to Hear "Jack" Lee.
Argument before the jury In the
trial of j. c Connolly for the killing
of William jackson, a negro, will pc
gin this morning in the Corporation
Court and present indications are that
the case will go to the jury early TINS
afternoon. Commonwealth's Attorney
Berkeley will open the argument Tor
the State and he will be followed by
Mr. Lett for the defense
Attorney Jack Lee. of Lynchburg.
will close for the defense Mr. Lee
Is known as one of the foremost ora
tors at the Virginia bar and the court
room probably will be crowded to It's
capacity when he begins his address
to the jury Many prominent citizens
gathered at the court room yesterday
afternoon. hoping to hear Mr. Lee
speak.
All Evidence Is Heard
All of the evidence in the case was
concluded early yesterday afternoon
ana the argument on the instructions
to the jury was finished before court
adjourned for the day. Captain Berke-
ley submitted eleven instructions.
majority of which were agreed upon
by the defense without argument, and
the defense submitted an equal num-
Der. Captain Berkeley took exception
to several OF these and the argumnt
consumed nearly two hours AT It's
conclusion Judge BaTham announced
tat he would take the instructions I'M
der advisement. The argument be-
fore the jury will begin just as soon
as Judge Barham finishes reading the
instructions to the jury this morning.
The instructions offered by the Com
monwealth were along the lines of the
evidence for the State, which tended
to show that the shooting was not
done in self-defense. One instruc-
ton pointed out that the burden oil
proof of self defense rested with the
defense and not with the Common
wealth.
Defense's instructions.
OF the eleven instructions offered nv
the defense nearly all of them dealt
with the justlfiable, or excusabie,
homicide. BY several witnesses, the
defense sought to prove that at the
time Connolly fred the fatal shot the
negro was In the act of thowing a rock
at the accused and that before any
shots were fired the negro had struck
Connolly with a rock One or two OF
the instructions were along the line
of the evidence that tended to show
that instead of. forcing the combat
Connolly was trying to take every nee
essary precuation to protect himself
from bodily injury and, at the same
time. to keep from injuring the negro.
Connolly Goes on Stand.
After the examination of one or two
more witnesses for the State early
Yesterday morning. the defense opened
its case and Connolly took the stand In
his own defense. Although htti"
nervous when he first took the wit
ness chair. the accused soon regadned
his composure and he told OF the en-
tire trouble from the beginning to the
time of the firing OF the fatal shot.
Connolly said that on June 2, the
day OF the tragedy. he returned to E's
bot;linx works after business triS
in East End and found that water
pipe had been laid across the side walk
In front of his place. The pipe inter-
ferred with the coming and going OF
wagons in the rear of his building and
and he explained the matter TO j.
E Pearson and asked that the pipe
b. moved He then entered the buii"-
ing and went upstairs. and leaned out
of a window. He heard the negro.
jackson. say to Pearson. That mans
got d little accommodation about
him." bu; paid no attention to IT,
Later he went down stairs and out
on the sidewalk ana at his approach
the negro began chewing the rag
and retreatcd across the street. A
he walked on the negro said that Con-
nelly was armed and h. was not. but
that he would 20 and prepare himself
ans come back to meet him Con
nelly repiied that he did not need a
gun as his fists were good enough
for him.
Goes After His Gun.
The negro then walked M the
street and Connolly thought that ne
might being SONG 20 get a gun out
Of his coat so he went into his place
and got his gun 50 that he couid he
prepared m case the negro started
trouble.