The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1917-05-03

stated. and she chung 10 him and
said:
Kill me first"
At the top of the stairs he grappled
with Heth, who choked him, and az
he was losing consciousness he fired
the three fatal shots.
cHRIsT1ANBURG, Va, May 2.-The
trial Of Professor Charles \. Eawter.
charged with numbering Stockton Heth.
Jr.. entered its second day today with
the defense resting on pleas of the "un-
written lay" and self defense.
The defense as outlined by Attorney
Colhoun in his opening statement to the
jury was that Heth had been n frequent
visitor to the Nawter home at Blacks
burg, Va. and had often treated Nawtcr
with liquor. Eawter after finding his
wife III Il compromising situation with
Heth moro than once protested both to
Mrs. Fawter and to Heth and an agree
ment was reached whereby Mrs. Vawtcr
was to avoid Heth and Vawter WAS to
quit drinking.
But on the night Of March 49, accord
ing to the defense attorney. the Eawters
returned home from theatre and found
Heth awaiting them with intoXicants.
The party drank and retired. Later Heth
came TO the Nawters bed room with the
liquor and they drank again. Eawtcr.
according to the attorney awakened
about 3 o'clock in the morning and
found Mrs. Nawter absent He ran into
the hall and saw her entering the room
Of the little Fawter boy He ran down
stairs for & revolver. followed by Mrs,
Fawter. who demonstrated with him. Re
turning upstairs he met Heth on tile
landing. There was struggle and he
shot Hcth.
DR.. W. +. Henderson. physician of the
Virginia Polytechnic institute, who first
answered the call 10 the Eawter home
on the night of the shooting. was the
first witness. He said he was called TO
the telephone by Fawter who said he
had shot young Hcth and begged the
doctor to come Immediately. He found
Heth in the hall. DIR. Henderson said
that at his request Nawter surrendered
his pistol. 1t had three empty shells.
Or. A. +. Jones: surgeon In the
Roanoke hospital to which Eeth was
taken. described the operation performed
on Heth and said that after - hours it
became evident that Heth could not live.
The prosecution then announced that
tho commonwealth rested. Charles
Fawter. little son OF the defendant. was
the first witness for the defense.
Charities testimony concerned having
heard Sohts the night of the shooting
and Vawtcr. himself. followed his son
on tho stand. He said he drank and
that i. took little TO down him COM
plctnly. Stockton Fieth. lie said. he had
loved as a brother until he suspected
improper relations with his wife
When asked for specific instances ~:
improper relations Nawtcr testified that
last June he drank and when he awuk,,
saw Mrs. Vawter running out of Hcth's
room.
When asked what she was doing she
replied that she had boon fixing IIcih's
collar. Nawter denounced her. went /.
Heths room and said:
stockton. you - -. libcri I'M
and robber of homes. what do YOU mean
by such conduct with my wife,"
Heth jcrlled him into the rOum called
to Mrs. Enwtcr 10 close the door ana
choked Eawtcr for SuspccIing his wife
They could always Unttalk mo-" said
vnwter
\ letter begging Heth 10 keen away
from Mrs. Fawter was introduced III
evidence.
ON December -. after hc had taken
several drinks with lIrth. Eawtcr irsti-
fled he went tn attend the furnace, and
on returning found llcth kissing Mrs
the latter choked him into inScnsihllitr.
lie and his wife later made an agr...,-
ment under which h" was not tn driuI,
and she was to sec .iIcth no more
Coming TO the night uf Tho shoot inr
Eawter tald Of their drinking together.
of seeing his wife rush from Heb
room. OF look 1T despair IN her fac"
and Of his going downstairs To get his
pistoI. Mrs. NHwtcr struggled /" 'i"rI
hin. from shooting; amh Il"'h took hold
of him and pressed him down violently.
"A he felt consciousness Slipping from
him he fired. and II"ih fol-. crying: -
am shot" Mrs. Nawt"r got covering
and placed it oyer iI"lh. and then The
doctor was called.