Evening journal., 1917-10-09
SAYS He killed
IN SELF DEFENSE.
Holly, Accused of Murder;
Says Newport Crowd
Attacked Him
CASE TO GO TO
JURY LATE TODAY

Trial was resumed this morning in !
Oyer and Terminer Court OF Ernest
Holly and Walter whims. Newport
Negroes. accused OF the murder OF
John Barrett. another Negro, in
front OF liberty Hall. Newport. on
the night OF May 16 Holly Is accused
OF the actual killing, while whims
is alleged 20 have aided and abetted
him. giving him the knife with
which the murder is alleged 70 have
been committed.
Because OF the youth Of the two |
prisoners the State Is not pressing
for a first degree verdict, thus eiimi- /
mating the capital phase Of tho case. ,
but Attorney General Relnhardt IS
demanding that the Jury return a
verdict OF second degree murder,
which means imprisonment for life.
They are being defended by J.. lrv-
ing Handy and Wilbur l.. Adams.
Court recessed yesterday afternoon
with Everett Thompson. who also was
stabbed by Holly prior 20 the killing
OF Barrett. on the stand I'm direct eN-
animation. The first question asked
him was n he had seen Holly and
Whims before the alleged murder.
and where. He said that he had seen
them In a saloon. The defence made
objection TO this line OF examination
on the ground that Il had nothing 10
do with the case. The state through
Mr.. Reinhardt and Deputy Attorney
General Green. declared that Il bad
the right 10 show this as > bearing
upon possible conspiracy and animus
The court declined 10 strike out the
testimony. reservlng the right to do
so later. in case the evidence proved
immaterial. The witness then went
on 10 say. In answer 10 questions,
that Barrett had been with him
when Holly and Whims were en-
countered in the saloon. Mr.. Handy
az the end OF this phase OF the eX-
animation. again made objection and
the court ruled out all testimony re-
lating to the meeting In the saloon.
Mr.. Handy cross-examined Thomp-
son as 10 the start OF the trouble.
Holly jostled him. witness said. and
words ensuad IN which Holly led the
way by calling witness a vile name.
witness denied that Holly had tried
TO avoid trouble or that he had used
tho first opprobrious epithet. he
said that at the passage at-words ht
struck Holly and that when he go'
up Holly came after him (the witnessl
with the knife he got from Whima
He denied seeing any one kick Holly
Then the witness was stabbed b.
, Holly. Il took him two months 4
, get we'll.
, Lewis Grier, colored. the next wit
ness, said he saw Holly stab Barrett
Whims was standing a ahcrt dis
4 tance away.
/ Samuel Elliott. another Negro. sait
! he saw Holly sttb Barrett.
John Layton. Ira Harvey. DEPUTY
Coroner McCrery, Constable Whiting
, ton and State Deceive Mccoy also
testified after which the State rested
Mr. Handy, for the defence, at once
once asked that verdict Of not guilty
he ordered In the case Of Whlms,
against whom he said there was no evil
dence TO connect him as an accessory,
accomplice or principal In the death Of
Barrett.
The court declined the motion. saying
the matter was one which should rest
entirely with the jury.
The first witness called by Mr.. Handy
was Holly. He said his home was IN
, this city. at Twelfth and Lombard
streets, and on the night OF May i6, he
went out 70 Newport 10 the dance at
Liberty Hall. lie was not acquainted In
. tho place.
Before going out he found knife at
/. Ninth and Walnut streets. Whims had
, 10 at FIRST and then gave it back before
getting out OF the city.
. Thompson, he said, he didn't know
nor did he know Barrett. After reach
ing Liberty Hall. he danced a while and
then started downstlrs and outside
7, Going back into the hall there were q
= number Of people clustering up" wit
ness said. the steps into the hall
Among them was Thompson, WHIT
iumped up, as witness threaded his
! way past the persons on the steps anC
: used bad language 20 him. lie lwitness
: replied. saying he was out for enjoy
ment. not trouble, whereupon Thomp
o son knocked him down, while Others
helped Thomson kick and punch him
= lie ROt nlt manu- lh hio l'sht.t 80 -
knife. opened 10 and cut at Thompson
n as he came up. Then Barrett strucl
n him In the chest aud knocked min
n against a telegraph pole. saying M
y fBarrett) would knock his lwiiness
brains out al which he struck al Bar
e rett. nh.
; Whims gave similar testimony. I'M
case will go TO the jury this AFTER
noon. -..-a.,
\ afternoon. g., -,
y George W. Wilmington, tho first w1'
), ness called. testified that he was
county constable. and on the night {
] Nav l6 heard someone call "He Is stal
bed" and then went TO Newport hal
/ where he arrested the defendants. l.
said he saw the victim leaning againi
+ a fence and covered with blood. j
8 said the man was alive then. but rapi
q lv sinking. Witness said he found q
' knife on the floor Of tho dance ha
!, and later, in the police station, Z
II men made confession 10 him. Attorn
IT Handy tried TO prevent the introducti
D, OF this testimony, but was overuled
the court.
IS Earl Laws, Negro, who said he h
, been selling tickets at the hall on (
! night OF the cutting. identified the kn
m used in the stabbing. He said that il
le after the cutting he saw Holly thr
e, the knife under bench and exclaim, 4"
S. H. with then.S The knife lay the
he said until after Mr.. Whittingt
j. came. In the meantime Holly a