Evening journal., 1918-11-14
GIVES neal
BENEFIT OF DOUBT
Southern Negro Accused
Of Intent to Commit Muir
der Acquitted
SHOT AT FEET
OF HIS ANNOYER

War, with all ist horrors, could moi
be much more distasteful or frlghtful
TO Harvey Neal, a Negro. who contains
all the characteristics OF the southern
"darky," with his broad. typical south
ern accent and carefreeness, than having
revolver indiscriminately pOked Into
his face. II appeared from his testimony
yesterday afternoon when he took the
stand before Judge Rice and a jury in
Court Room No. Of Court OF General
Sessions against Vert Wllllngham, a
Negro, charged with assault with In
tent TO commit murder.
Harvey gave a vivid. amusingly-serl-
GUS description Of how Vert, with no
provOcation whaIever, invited him out
into the yard OF their boarding house,
No 209 Scott street. on September rs,
and then without giving any warning,
pulled the revolver and shot at him.
But Vert. who was represented by
Philip l.. Garrett, accused Neal OF being
the lnstlgator Of the trouble and de-
clared that he did not shoot at him with
the intention OF harmlng him, but
merely to scare him. believing that lIar-
vey was going TO assail him. The Jury
gave the defendant the benefit OF what
doubt there was In the case and found
him not guilty.
On the stand Neal testified that GER
tain John Butler. a roomer at the home,
had lost his work badge and started
swearing about IT, He tried to quiet
him, he said, and shortly left the room
and went down stairs. followed by Vert
and Butler. Vert then said to him,
"You are both wrong" and he, Neal,
then tried 10 question him as TO what
they were both wrong about, when
Willngham started 20 talk fight.
Vert then asked II he would fight |
him. Neal said.
Il don't look fer no fight, but Id
fight anybody that mlstreats me er
gives me any reason tub Tight" Neal
testified he answered the defendant,
whereupon he was extended an invita-
lion 10 step outside by Vert.
Neal said that he followed Vert TO
Inc door ito try 10 find out what Vert
wanted 10 fight about and why ne was
mad at me-" but he had no sooner
reached the door when the defendant
rev a revolver and, pointing II at him,
fred.
sDld you leave the door opened"
lueStlOneu MIs bdiiOes III NioSo~cAaihi
nation.
"No. sub; dat doh was shut tight by
ne when dat bullet started coming"
and haif-amusmgly re-
sponded Neal.
There were some questions as TO how
Neal knew that Vert pointed the pistol
n him, and some explanations were ex-
peoted Of the witness.
swell, Judge. when a man pulls gun
on yuh, yuh sorta get kinda frightened
and don't pay much 'thnliOn ter most Of
duh pertlclars," said Neal. He tried to
expatlate on the feeling that came over
him when he booked down the gun In
he hand of Willlngham, standing eight
'eet away from him. hut words enough
% depict the feeling failed him, and he
nded with sort of a shudder that
howed emphatlcally his dislike OF the
Ositl0n he was In.
John Butler was next called TO the
land, and, very f0rcefully, declared that
Q was not mad when he lost his badge
the room, but that Neal and Vert,
HON he said. 'fiad butted In on him."
ere angry and had some words. He
stifled 10 hearing Willlngham invite
cal outside 10 flght and OF seeing Vert
re az MIN. Inc Dulteb was iOunu near %
here Neal had been standing at the
,or, he told. 6
Oflcer Grussemeyer, who arrested .,
at the Lynch Construction p
Dmpany after the affair. testified that =
10 defendant admitted TO him that he 4
ad shot at Meals feet and did not in a
nd to harm him. Vert told him where Il
Q could find the revolver in his room 7
his boarding place. the officer said, h
nj he was unable 10 find the weapon "
lere, but did find holster containing \
ANY shells. Later, he said. he found u
le revolver In the room at the barracks c,
the construction company, which
Vert had charge Of =
Willingham said that during the dis b
ute in Walters room. and after. Neal n
ept his hand in his back pocket in a
lrt OF a threatening manner, and that
o feared that he had a pistol and
rOuld use IL on him. Several times
eal said he would murder John But
IT, declared the defendant and later
I