Staunton spectator and vindicator. [volume] (Staunton, Va.) 1896-1916, 1910-07-15
ARCH BROWN TRIAL
BEGAN YESTERDAY
Many Witnesses Examined
First Day.
THURSDAY.

|
The trial of Arch Brown for the
murder Of Perry Hoy, young man of
% years, and Cletis Higgs, little
boy of 8 years, W hich occurred on
Sunday May 9Th, about three miles
from Staunton at the home of James
Ross, after several continuances, was
begun in the Circuit Court, Judge
Letcher presiding, on yesterday. The
commonwealth was represented by
Capt X. S. Kerr, commonwealth at
torney for the county, ami Mr.. S.
d. Timberlake, jr The court appointed
Mr.. H. H. Blease and Captain Carter
Braxton to represent the prisoner. The
jury was impanneled without serious
difficulty and is jury of high order
1t consists OF the following gentle
men: Mess. J. H. Clark, E. G. Crist,
Harry Hamilton, John p Harris, H.
G McGary. G. w. Moran, H. H.
P .tterson, w. r. Youell, NJ. W. Ham
ilton, Oscar Cohron, e. D. Wine anS
w. F. Patterson. The indictment was
read and the prisoner entered the plea
of not guilty. The opening state
ment on behalf of the Commonwealth
was then made by Captain Xer.. who
set forth in brief, the circumstances Of
the killing and what the Common
wealth expected to prove, after whicl
Mr.. Blease made statement tor the
| pisoner, which tended t. show thai
| the defense would rely on intoxiction
and self defense, the prisoner seeming
to claim that Perry Hoy, the person
whom he first killed, had threatened
him with drawn knife. The case i'll
brief may be recalled here.
On Saturday, the 7th of May. Arch
Brown and Abe Hoy,a younger BROTH
er of Perry, were in Staunt IN together
in blackboard. That afternoon, they
took several drinks together from
bottle of whiskey belonging to Brown
and rode out OF town together, going
by Mr.. John Irv ines hone where
Brown worked, Hoy going on further
to his own home. The next morning,
Sunday 9Th, Perry and Abe Hoy went
to the house of James Ross, in the
neigborhood and the place where the
killing was afterward done, ana thele
met Ed. Bo vn. Bown still had some
whiskey and undertook to get Mrs.
Ross to take some, which she refused to
do? Perry Hoy sat down in the house
and pretty soon Samuel Higgs cams
accompanied by his little boy, Cletis,
who was afterwards killed. In short
time Ed Brown and Abe Hey left ths
house and walked down into the
meadow below to shoot craps. Before |
leaving the house Brown had given
Mrs Ross quarter of dollar, telling |
her he would give her. this if she
would take fifteen drops of the whis-
KEY, which she declined to do. When
Abe How and Brown got to the point
where they were going to play craps,
Brown accused Hoy Of stealing his
quarter. This led to trouble. Some
blows passed. But later they made up
and returned to the house. Brown re-
NAMED outside and a cOlOred man
came by and they talked together.
When the colored man left, Brown
came into the house and told James
Ross that the doys were after Mr. IT.
ines 81 eep, and asked him for gun
The gun was gotten, which was
louble- barreled shot gun, and Brown
asked Ross if it was loaded. He was
told it was, when Brown broke the gun
aud withdrew the two shells, stat
ing that he could get shells elsewhere.
Brown then went away with the
gun, leaving Perry Hoy, Abe Hoy and
Edward Higgs and the little boy. Cletis
at Ross house He was gone some
10 or Is minutes ana returned with
Mr.. Ervin's gun, which was repeat
ing shot gun. The Ross house is q
small house with the door in front
and window on each side, and with
kitchen in the rear. When brown
returned, he came to pic ket fence
| which surrounds the house in front,
inclosing small yard, the entrance
through which to the house is by the
side. He did not go to the entrance
If the yard but stopped close to the
)icket fence in front. Perry Hoy was
setting near the front door where
Brown could see him. Brown, with
ont calling any names, used vile
apithet saying, "Come out or I'll kill
YOU in there" Abe Hoy, who it
seems, was the person he desired to
kill, was sitting on a chair inside OF
the room where he could not be seen
by Brown. but Perry Hoy was in full
view and he got up and went to the
fence ,ou1side of which Brown was
standing Brown was still using vile
'pithets to which Perry Hoy in some
degree replied. Just then, Perry Hoy
| jumped over the picket fence and
Brown shot at him, tie load passing
through his hat and slightly injuring
his heal Perry Hoy then started to
run and, as he ran, Brown again fired
on him, putting tie whole load in his
left breast. Hoy then ran probably 25
or 80 yards, where he fell and died in
few moments At the first fire of
he gun, Abe Hoy who was inside
he house. started to run out through
he back way. About this time Brown
frea the third shot through the house,
youn ing Edward Higgs and killing
outright the title boy, Cletis Higgs.
By this time, Alb Hoy had gotter
soma little distanse from the house
aud ran 10 the old road leading from
the Ross house towards the home o1
Mr.. John Irvine, about a half mile
distant. Blown then turned the guI