Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1921-12-02

fatally shooting Henry Briscoe to-
day at Fairfax Courthouse was found
guilty Of murder in the first degree
by jury and the jury fixed his pun
ishment at twenty years in the
state penitentiary at Richmond, Va.
The jury was out exactly thirty
eight minutes, the case being SUBJ
mitted to them at 11:l5 o'clock and
they walked back into the courtroom
at 11:53 o'clock Oehlert appeared
nervous and restless as the jury en-
tered the room. Mrs. Oeehlert also
was present when the verdict was an
nounced. James Adams was foreman
of the jury.
Immediately after the verdict had
been announced by the court, Judge
Samuel G. Brent, who presided, ask
ed Oehlert if he had anything to say
why sentence should not be pro-
nounced and he made no reply, where
upon the court directed Jailor Har-
vey Cross to take charge of the pris-
oner and to guard him we'll Oehlert
soon was back in jail, only seventy
five yards from the court mouse.
Attorney Edmund Burke, who with
Attorney Carl Budwesky of this
city, represented Oehlert, and made
motion for new trial on the
ground that the evidence presented
in the case was not sufficient to
warrant the verdict higher than man.
slaughter and he cited number OF
authorities to bear out his contention.
Judge Brent stated that he was ia
miliar with the authorities cited by
Mr.. Burke and that the sentence was
fully Justified and he there upon over
ruled the motion for a new trial. :,
Mr.. Burke. however, announced
that he. would appeal the case and
Judge Brent allowed him sixty days
in which to appeal.
Pending the proposed appeal Och
lert will be kept in the Jail at Fair
fax it was announced.
The final argument in the case for
the state was made this morning by
Acting Commonwealth's Attorney
Wilson Farr who made brilliant
address in which he asked the jury
to return verdict of first degree
murder. Mr.. Farr's address to the
jury lasted exactly one hour and ten
minutes.
There were probably 100 persons
in the courtroom when the verdict
was given, among whom were
number of Alexandrians.
This trial which began Wednes-
day in the court at Fairfax, has at
tracted considerable attention in tins
city. The verdict was eagerly sought
and today the Gazette was besleged
with phone calls regarding the ver-
dict.
The shooting Of Briscoe took place
the night Of October ID on the Camp
Humphreys road about two miles
south of Alexandria in Fairfax coun-
ty. Oehlert's defense was that rocks
were hurled at him by someone in
the Briscoc party. and that he fired
simply to scare them not intending
to XIII anyone. He added that he
did not know that he had shot Brls-
coe till he was arrested the next
morning at his home here.
The bullet entered Briscoe's abdo-
men and he died the following night
at the Alexandria Hospital:
The deceased is survived by his
wife and six little children. Briscoe
and his family lived in Fairfax
county near the scene of the shoot
ing. The widow of the slain man
has attended the trial of Oehlert.
She. however, was not present today
when the verdict was given.
According to the testimony ad-
- +~,,J 0ab1ar+
MED by Richard Burnett went out
for a drive in a car of Oehlert's and
they came across Briscoe and two
other men. One of the men in the
Brscoe party had an argument with
Richard Stuart of this city regard
ing the automobilee in which Briscoe
was passenger blocking the road,
it having stopped in order that Bris-
coe might get a letter from a mail
box nearby. The argument was, it
was testified, entirely Of friendly
nature and was about over when
Oehlert drove up and got into the
argument. Oehlert then left the
scene and fired several shots from
the rear Of his car. one of them
striking Briscoe Oehlert then drove
to Alexandria and later in the night
went directly to his home where he
remained till taken in custody by
the police. =,
Since being confined in the jail at
Fairfax Courthouse Ochlert made an
unsuccessful effort to escape, and at
first it was thought ne had escaped
but several days afterward the prls-
oner was found hiding beneath the
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