Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1910-07-15

down his knife and come out and
fight him fair that he failed to
ask Abe to do this when he came to
the house, that "Abe was the man
he was after, that he went into the
house after HIM. hunted Tor him there
heard door shut. ran out and saw
Abe fleeing, undertook to shoot him
at first sight but there was no shell in
the chamber of the gun, loaded and
fired at him three successive tunes
as rapidly as possible, then followed
him up the road, stopping both at
Ivrine's and at the Desper home. He
was taken by the cross examination
over the fell very thoroughly by
both Mr.. Ker and MIR Timberlake
and many Of his statements were
shown to conflict with other credible
witnesses, and finally his veracity
was questioned, by the Introduction
Of the fact that year Or two ago,
he admitted in open court in trial
for pc tty larceny, which was the Gel
ebrated tStump Turkey Case,' that
he had committed petty larceny and
while serving his sentence Of impris-
onment, he made written statement
III Jail that the statements made by
him in court at that trial were false.
A h. Of %bo nd xxyoc q
consultation amongst attorneys. Then
Mr.. Hughart Irvine was recalled for
the purpose of showing direction OF
shot in palings of pickett fence sur
rounding the house.
Edward Hoy, father Of Perry Hoy,
was called and stated that Perry was
killed with buck shot.
Sheriff Arthur Wilson testified as
| to the delivery of the gun to Com
monwealth's Attorney by Brown.
Here the court took recess until
2:15 p. IN.
At p. M, after about an hour and
| three quarters with counsel, arguing
the instructions, Judge Letcher con-
vened the afternoon session of the
courG and delivered. his charge to the
Jury. There were 80 instructions, in
all, asked, five of which were asked
by the prosecution and twenty seven
by the defense. A number of these
were ruled out by the court. Those
ruled out, bore more particulars, than
otherwise, upon the question of self
defense. Judge Letcher was occupied
abont fifteen minutes in reading ths
instructions and charging the jury.
Before the argument began, however,
Messrs Wayt and William Irvine ties
titled as to seeing the body OF Perry
Hoy and as to the character OF thu
shot with which he was killed They
differed on this however, one claiming
it was No. 2 shot whilst the sthel
thought the holes indicated busk- aaot
Here the evidence ended and the argu
ment began.
| MIs L. L u , WIZ iiee'
been employed to assist the prosecu
ton, began the argument. He SCI
forth very clearly and very forcibly
the atrocity of the crime. The fac
that there was no question as to who
had committed it, that Brown was 6
self confessed murderer, that he was
self confessed drunkard, a self con
fessed gambler and self-confessed
peri that there was no palliatiOI
or excuse for the crime, there was
never sufficient provocation and that
it was committed with deep malice,
not against the persons killed, it is
true, but against another person, whom
he attempted to kill, and in his at
tempt to ill him, had killed others il
his efforts to reach his intended vic.
tim; that drunken sss was no excuse
for the crime, indeed aggravated it IL
the eyes of the law, but that Brown
| himself did not claim to have beer
drunk and showed by his own evi
dence that he fully knew what he wa:
doing, that he went about it with de
Elaboration and carefully planned de
signs.
Captain Carter Bratton then replied
for the defense. He discussed the law
with reference to presumption OF in
nocence until guilt is proven, also the
law of self defense-and the question
of malice, as against the deceased. He
also argued the question OF Arcf
Browns condition, that is, as tt
whether he was in slril mental con
dition as rendered him fully ca. able
OF understanding the surrounding cir
cumstances and the extent of the
! crime, also whether he was in sucl
mental condition as enabled him tc
! form a malicious intent to kill. He
further undertook to show the charac-
ter of the evidence against Brown,
especially that of Mrs. Ross, and te
explain the extent of tine insult offered
by Abe Hoy and Perry Hoy to the ac-
cused. He placed some stress on the
statements of witnesses that Brown
had tcried like baby at Mrs. II.
vines and had "cried and slobbered
like a mad dog' at Mrs. Despei IS,
which facts ne claimed showed amen.
tai condition in Brown which render.
ed him incapable of understanding
fully the extent Of his crime. At thu
close of Captain Braxton's remarks.
court adjourned until Z 80 D. m.
Mr.. Blease, for the defense, follow
ed Mr.. Braxton and closed in a speech
of about an hour and ten minutes.
In his speech, he made a capitol ana
lysis of the law, as propounded by the
court in the instructions, and analyz-
ed the evidence infinitely and care
fully. He referred also to the mental