Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1921-11-03
DEATH PENALTY IS
METED OUT TO MAN
WHO SHOT HIS WIFE
Mouth Twitches NervousIv
as Clerk Reads Him
His Fate.
= SONS BESIDE FATHER
DURING TRYING ORDEAL,
Daughter Faints When Find.
ings Made Known-Car.
ried From Courtroom.
MOVES TO SET ASIDE VERDICT
Judge Wells to Henr Argument We'd
nesdny-Attorneys Make
brilliant PIeaS.

court Part II, for the murder Of
mis- wife. Elnora Davis, on December
~. 1915, was last night found ruiltv
IN the first degree. sentence that
carries with IL the electric chair
penalty. The case went to the Jury
shortly before o'clock and the ycr.
dict was brought in about o:40 o'clock.
marry NJ. Smith, Jr., of counsel for
the dcfcnse, ut once made the usual
niotion Tor new trial, alleging that
the verdict was contrary to tho law
ana the evidence. and Judge p. TT
Wells. presiding. set next wedncsd,v
morning ut 10 o'clock az the time for
argument on the motion.
Davis was sitting between his tuo
sons' grover and Thornton. when the
foreman of the Jury gave tho verdict.
Tho accused mans daughter, Alma.
who tainted while testifylnE We'd
hesday afternoon, and who had been
eaiied to the stand by the prosecution.
was In the courtroom when the vor-
dict was given, and at once swoonc,,.
She was taken, as on Monday. to IN.
Judges room, where she remained fcy
the rest OF the evening, being rcl
moved to her homo when she was
revived.
Mouth Tritches NervousIy.
Davis. rs the verdict was given
sat with his face cupped in his hand
later rising, but betraying no emo.
lion. as the clerk told him what fat.
held In store for him. He made an
unsuccessful effort to smile as tho
clerk was reading. but the corners OF
MS mouth twitched nervously. and
the smile that he tried to make faded
away.
commemorative Attorney W. C..
fuliiam. following the verdict. made
this statement to representative ne
Tho Times Dlspatch:
Davis got only what was cominp
70 him. 1t was cold-blooded murder.
ana. from the beginning, VIC In
sisted that the extreme penalty
should be imposed"
Harry NJ. Smith. OF counsel for the
defense. said:
The verdict was, as I told Judro
Wells. in making my motion for set
ting IT aside. contrary to tho law and
the evidence. Wen argue that mar,
or 1t before Judge Wells next we'd
nesday"
After few minutes deliberation
oy the jury, the court concluded to
permit its members to partake OF
supper, In the course of which near
iy an hour elapsed. Upon the return
OF the jury. It's members again wen.
TO the chamber assigned. and, after
about an hour. returned TO the court.
room with their verdict.
we. the jury" began the foreman.
"hnd the defendant. Elijah Davis,
guilty OF murder in the first degree.
rs charged in the Indictment"
Crowd Packs Courtroom,
Tho crowd which packed the court
room. and which was apparently at
tracted more by curiosity than by
interest In the case, indica ted It's sur
prise by murmurs. which forced the
court to call for order. Tho crowd
stayed in the room. long after tho
verdict had been returned, and while
the attorneys for tho defense. Harry
NJ. Smith. Jr., and L. o. Wenden-
burg. were making tho motion for
tho setting aside OF tho verdict as
contrary to the evidence and the
law"
'Ohh SttOEney
Pulliam and Richard Evelyn Byrd,
representing the state. in their argu-
nents, asked for conviction OF mur-
der in the first degree, frequently re-
t.rring to the testimony which had
been heard in the course of the trial
as tending to show that 1t had been
prcmeditated and that. therefore. tho
penalty should be the extreme one
provided by law. Both Mr.. Pulliam
and Mr.. Byrd waxed ELOQUENT in
pleas to the jury. insisting that the
commonwealth had shown premedi-
tation and that nothing less than
first degree murder could be found.
Both Mr.. Smith and Mr. Wenden-
burg, when pleading for the defend
ant. were equally insis:ent that pre-
meditation had not been shown. and
argued. not for lesser degree, but
for ncquittal. The defendant. II was
stated. was waiting for street car
oil the day the murder was COM
mitted. and had met his wife acci-
dcntnlly. He approached her and
begged her to return homo with him,
She refused, telling him that she
would never live with him again. tho
attorneys quoting from the evidence.
lic lost his head and. In burst OK
passion. caused ty his overwhelming
love for her, drew tho revolver that
he carried for years and shot her.
III was an overpowerIng passion