The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-10-15
Commonwealth Sat-
isfied With Acquittal
by Magistrate.
WITNESS HEARD
VICTIM PLEAD.
Shelton Testifies That Jeffie Viii
lians Begged County Officer
Not to Shoot Him Again.
Gum Determined That
Henrico Jury Shall sift
Case to Bottom.

Although Magistrate w H. II. Kid
yell yesterday afternoon acquitted
6pecial officer B. f. Puryear on the
charge of killing Jettie williams near
the Fair Grounds on October 5, Com
monwealth's Attorney Julien Gum,
just as court was adjourning, request
ed that all witnesses be recognized
for the January term OF the grand
jury. which means that the case will
yet be placed before the court and
that 1t will be fully investigated.
Meanwhile. the accused officer Is at
large without bail after his acquittal
by the magistrate. there being tech
nically no charge against him. Most
of the testimony that could be pro-
duced in the case was heard before
Magistrate kidwell yesterday and IT
seems as though 1T will be merely
difference in opinion should the grand
jury decide differently. At all events,
the Commemorative Attorney is de-
termined that the investigation shall
be exhaustive. there being no little
dissa tisfaction with Magistrate Kid
wells decision.
Gives Long Explanation.
The case WIS called yesterday morn
Ing at IL o'clock, but was not COM
pleted until after o'clock in the after
noon. During that time every possible
witness was called and the lawyers
INDUCED in long arguments, while the
magistrate used zip the better part of
I'm hour explaining why he made his
decision.
Puryear appeared in court. accom-
panied by his attorney. Magistrate
James T. Lewis. On the other side
were Commemorative Attorney julien
Gum and l. T, w. Marye. retained by
the family of the dead man. The off,
Ger still shows slight marks of the
blows alleged TO have been inflicted bJ
Williams.
". l. spruell. an employe OF the Vir-
ginia Railway and Power Company.
was the frst witness for the prosecu-
ton. He testified that Williams came
out of the grounds in company with
Miss Mabel Lee Daniel; that applica-
tion to ride back to the city was re-
fused by officers OF the company. and
that Williams became angry. An at
tempt on the part of the prosecution
to show that Williams had a reputa-
ton Tor creating disorder was over
ruled by the court. Mr.. Kidwel an
nouncing that he would formulate his
decision without going into the char
acter of the dead man.
Miss Daniel was the second witness.
She told of her meeting with Williams
at the Fair Grounds and of their fail
ure TO get car home. She stated that
1t was at her request that they rested
on the way. She remembered that her
companion was accosted soon after
they took seat on the roadside. and
later she heard the two shots. She did
not think that her escort was drinking.
Some Time Between Shots.
Attorney Edgar English was one Of
the most important witnesses. He said
that he was walking along the road |
with a county officer when he heard |
the first shot. Starting back, he heard
the second report. and found Puryear
holding Miss Daniel by the wrists. Mr.. |
English stated positively that there
was some intermission between the |
shots. He had time, he said, to turn
and hear scuffling before the second |
shot was fired.
Magistrate j. T. Puryear. the princi-
pal witness for his brother and the de-
tense, said that when he was returning |,
from the fair with his brother and I
several others, he noticed the woman
sitting on the roadside. but saw no
one else: that he knew nothing Of the |
mans presence until after he was at
tackled. He retreated. he said, while |
his brother came to his rescue. placing |
Williams under arrest. The latter re-
sisted. he said. and the officer retali-
ated after he had been Knocked down
by firing his pistol. The man contin-
ued to advance, and the second shot
was fred while Puryear was still on
the ground. The magistrate said that
had they known Miss Daniel had an
escort she would never have been ac-
costed.
Policeman Puryear went on the
stand and gave much the same testi-
mony, declaring that he had to shoot
twice to save his life.
Heard Williams Plead.
On the other hand. B. w Shelton tes-
titled that Williams, after the first
shot was fired, threw up his hands.
begging the officer not to shoot again,
Altogether, the evidence was very
conflicting, and it was mainly for that
reason that the Commonwealth's at
torney decided to carry the matter to
the grand jury.
In announcing his decision Magis-
trate Kidwell said that he had looked
ut the case with the most unbiased
eyes; that he had refrained from read
Ing the newspapers and had relied
Holely on the evidence AS he acquit-
ted the officer he said that ne was sure
he was justified and that he, as magis-
trate. would incur no disfavor in the
eyes of those knowing the law. and
least Of all in the estimation of the
public.
1t was moment before the court
adjourned. while the spectators were
Dn their feet that Commemorative At
torney Gum had the witnesses brought
before the bar again and recognized
Tor their appearance at the January
term Of the Circuit Court.