The Richmond Virginian. (Richmond, Va.) 1910-1920, 1914-01-08
FIFTEEN YEARS FOR
SHOOTING KELLEY
DENNIS DUKE FOUND GUILTY OF
SECOND DEGREE MURDER BY
RENRICo JURY.
WINCFlELD TESTIFIED
CFroRTs OF, DEFENSE TO PROVE
THAT KILLING OF WHITE
hoy WAS ACCIDENTAL
PROVED FUTILE.

After elaboration Of one hour and
thirty-five minutes. the jury In Hem
rico circuit court yesterday after
noon returned verdict Of second
degree murder against Dennis Duke.
, negro. for killing Edward w. KEEL
ley, sixteen -year-old white boy, on
the Afternoon OF December 9Th. His
punishment was nxed at fifteen years
In tho State penitentiary.
At ASS o'clock Commonwealth g
Attorney Frank Sutton had closed the
argument for the prosecution, and the
dnal instructions had been delivered to
Tho jury by Judge R. Carter Scott.
Tho jury remained closeted until $3.50
o'clock, whom Foreman e. l. Kuffin
announced that . verdict had been de-
cided upon.
Wingisold Tells Story.
Meade Wingfield. = young negro
was the nrst to take the stand In be-
half OF the commonwealth. He re-
sited the Identical story which he had
previously told to Henrico county Of
hcers- He told the jury that he had
been employed for several months at
dairy, a short distance from Bloom
fngdale farm. on which young KEEL
ley met hts death. He testified that
two days prior to the shooting he quit
his position. having decided to re-
turn TO his home in Brunswick coun-
n.
According to his testimony. he
packed his personal belongings, in
cluding a single barrel shotgun. In a
grip. and went to a shanty In which
Duke slept at night. He said that he
spent the night with Duke, and the
next day asked Dennis to keep the
grip until he returned for It.
He returned TO Bloomingdale farm
Tuesday. December eth. and found
Duke and young Kelley. both Of whom
were employed on the place, engaged
]. In unloading some hay from a wagon
He secured the key TO Dukes shanty
and went AFTER his suitcase. He testi
aed that he went back to the barn to
tell Duke good-bye. Having prom
Used penrose Carter that he would sell
him the gun when he left. he removed
1t from the suitcase and put 1t to-
gether.
Struggle Ensuee
After putting 1t together Kelley
asked permission to fire the gun. but
he (wingfield) told him that he had
no shells. The youngster declared
that he had one In his pocket. and
proceeded TO secure It and place It
in the gun. Just as he had cooked the
weapon and was about to fire II over
the barn Duke called to him not TO
shoot II.
Kelley paid no attention to II and
threw II to his shoulder. Dul<. ran
un to him and Crashed the firearm
with both hands After a brief tus-
sic the negro finally wrested the gun
from the white boys hands, Step
ping back three steps, he deliberately
pointed the run at the "oungster and
pulled the trigger the entire load en-
tering his face. lust below the mouth.
Death was instantaneous.
After seeing the youngster fall IN
his tracks and die without an utter
ance. wingneld saws that he took his
E,rn and sought Penrose Carter. to
whom he sold the weapon for 32.75.
After doing this Wingfield came to
Richmond. and one day later went to
his home in Brunswick county.
George Katowatsky. Russian. took
the stand and testified that one week
and one day previous to the shooting
he had overheard a conversation ,
tween Duke and young Kelley, dur
Ing which the former told the white
boy that he would kill him II ne did
not pay him some money which he
owed him.
On motion OF Attorneys Kerse and
MAY, representing the accused, Judge
Scott ruled that this testimony should
be stricken from tho evidence. Com
monwealth's Attorney Sutton pro-
tested. asserting that this evidence
might tend to show some motive for
the crime. Other witnesses who had
been summoned to give similar tes-
timony were not placed on the stand.
DIR. j. Fulmer Bright. coroner OF
Henrico county; Deputy Sheriff Webb
w. Eydnor. Policeman r. w. Bendall
and Mr. Kelley. father OF the dead
hoy, were the other witnesses for the
prosecution.
Duke was the only witness to take
tho stand In his own behalf. He told
4 straightforward story of the shoot
ing, declaring that It was purely ac-
cidsntal. He says that he had laugh
ingly told Kelley not to IRE the gun.
and that the tussle was friendly one.
He testified that in attempting to
wrest the weapon from the boys
hands he suddenly touched the trig-
ger and the weapon was discharged
When asked why he told the pre-
posterous story OF how tall man.
big fur cap. had been seen scuming
with young Kelley a few moments
previous to the shooting. he replied:
II was excited and I, told the police
men the first thing that came to my
mind"
The nsgso faced the Jury and told
his story without falter. apparently
making a good impression with the
jurymcn.
. Attorneys May and Kerse. two
young Richmond attorneys, put up
good arguments for the accused. At
the close Of the case they were the
recipients OF many CONGRATULATIONS
from the officers OF the court and
4spectators for the efllcient way in
which they handled the case. go
When the jury returned the verdict
Attorney May moved that the YER
dict be set aside an contrary to the
law and evidence. Judge Scott over
ruled the motion. Duke was remand
ed to Henrico county jail pending his
transferral to the State penitentiary.
Canadian CammtHslOnary Educators.
TORONTO. ONT. Jan. 7.-Repre-
sentative OF all the foreign and home
,..t-~sn,, A,<n v,Nn IN Canada have gath.