The Washington times., 1918-07-27

where anything had been introduced
in the case that would make her q ma
terial witness.
at is entirely In the discretion of
the court to say whether or not she
should testify" Judge Goodrich said.
Il therefore rule that she be not
called in court"
Adjournment was had until 1870
o'clock. when argument by counsel
was to begin. Commonwealth AttOr-
ney Ball will open for the proSecu-
tion, to be followed by Amos c.
Crounse and H. P. Thomas, counsel for
the defense. Concluding remarks and
the summing up of the case will also
be made By Mr.. Ball
The Commonwealth has indicated 1t
will call Newman and the Burgess
woman as witnesses. but counsel for
both will protest on the grounds that
testimony given by either may prove
discriminating.
The jury was taken yesterday to
the scene of the killing lonely spot
on a country road near Bluemont juno
tion. They also inspected the spot
where the body was found ten days
after death. The searching party,
made up of county officers and de-
tectives from Richmond and Washing
ton, was led to the body by Gamble
and Newman after the two soldiers
had signed confessions in which they
admitted having been responsible for
Werres' death.
An examination OF the automobile in
which Werres took the trio for a ride
into Alexandria county, was also made
by the jury.
The presence Of a hole burned in
the bottom OF the car excited com
ment, since IL was not there when
the car was seized in Richmond fol-
lowing the arrest OF the soldiers and
the woman.
Sheriff Howard Fields explained
that he went to Richmond for the
car. After having II repaired he
started to drive through the country
to Alexandria county courthouse.
Fifteen miles north of Richmond the
car caught fire and considerable
damage was done before the flames
were extinguished.
Gamble does not look for acquit-
tai He relies on his statement to
the jury to result in a reduction of
the charge of first degree murder to
second degree murder or to volun-
tary manslaughter. In the first, he
would be sentenced to not less than
FIVE nor more than eighteen years in
the penitentiary. A verdict fnding
him guilty OF voluntary msnslaughter
carries a penalty OF not less than one
tentiary.
Mrs. WerreH Testified.
Mrs. John P. Werres, widow of the
dead man, was the last witness call
ed by the Commonwealth before ad-
journment yesterday.
Wearing deep mourning, Mrs.
Werres. pale and spent by the tragic
events of the last few months, was
assisted to the witness stand by her
sister and a friend.
AS she placed her hand on the
Bible TO take the oath, her lips
twitched, her hand trembled, and 1t
was with difficulty that she held
herself under control while the clerk
repeated the perfunctory oath.
In answer to Commonwealth At
torney Frank Balls first question.
she said:
He came home to supper as usual.
On his way out, he said two soldiers
stopped him and asked him to take
them for a ride that night about the
city. He left home. intending to meet
them at ten minutes after o'clock"
When Attorney Ball placed in the
woman's hand a ring that was taken
from Werres' hand after his body was
found, she screamed.
Gift Before Marriage.
WAS that your husbands ring?"
asked the prosecutor.
Yes. yes. yes" sobbed the woman.
II gave II to him before we were
She then Identified . pocketbook
found near the scene OF the killing as
being that her husband had carried In