The Washington times., 1923-08-02
GARRETT IS
. ACCUSED
At TRIAL
Attorney Testifies He Was
Prevented From Rescuing
Slain Pastor.
CUMBERLAND, Va, Aug. e.

/ CUMBERLAND, Va, Aug. e.
Judge William NJ. Smith, attor-
new for the Commonwealth, an
eve-witness to the shooting OF
the Rev. e. S. Pierce, for which
Larlin g. Garrett is now facing
a Jury, said that Robert o., Gar,
rett. brother of the accused ana
also indicted for murder, pushed
him aside when he sought to
stop the fight, saying: cit is none
IF vonr business. Stand back,
we know what we are doing. AT
that time Larlin Garrett was
astride the preacher and was
beating him.
Shots Came Together.
Smith said that he was unable to
saw who fired the first shot, but
that he thought at first that the
preacher had fired first. Tne snotS
were. he said, almost simultaneous
Glenn Pierce, son Of the dead man.
saws his father had pistol IN ms
hand. but that he fired 1t with the
muzzle to the ground.
Mrs Pierce. widow Of the minister,
told If the visit of the CARROTS, how
her husband was beaten by Larklh
Garrett. of her hitting Larkin Car
rett in the face, how Robert car
rett seized her and told her TO
"stand hack" AMI how she, with ner
eight weeks old baby, again went 20
the rescue of her husband.
Several times while she was re-
counting the story Mrs. Pierce broke
down. and when she had nnlsneo
her direct statement the defense
arose and said it did not desire to
ask her any questions.
Witnesses Agree.
All the witnesses so far have said
+bo+ Robert 0. Garrett restrained
narsons who sought to stop the fight
between the preacher and Lark1n
Garrett.
The pistols of the CARROTS were
nroduced in court, showing that
Iarkin Garrett fired two and Robert
Garrett fired five shots. The pistols
and cartridges used by the CARROTS
were identical, so that it will be I'M
possible to say which fired the 1ataI
shot,
J. M. Shepperd, called for the
prosecution, stated that Larkin G.
Garrett fired the first shot at the
preacher. that Robert Garrett fired
the second, and that a third rang
out Immediately. He was positive
of this and refused to make any
change on cross examination.
Asks About X. X. X.
Attorney Smith for the defense
asked J. T. Doyne, another wit
ness if he did not belong to the ku
Klux Khan. The prosecution law
yers admonished the witness not to
answer the question. AS the wit
ness left the sYand he 2lared at
Smith. remarking that the question
had nothing to do with the case.
DO not glare at me like That,
shouted Smith.
The pistol which Pierce carried
was produced in court by witness
SltSAperd. The. defense said 1t had
be( seeking for two months to
get that weapon. He said that
Pierce was holding the pistol,
pointed to the ground. One cham
Der was empty.
A rule was issued for DR.. Shelton
Horsely, the surgeon who operated
on Robert o. Garrett, for not
appearing in court. DR.. Horseley
saws he will be unable to make the
trim because of professional engage
ments.
Only one bullet was dug from
the ground where the body OF
Pierce fell after being killed ana
that was produced in court. inc
court ordered that 1t be washed ana
weighed for presentation in the
case.
The prosecution then rested Its
case and defense took few min
utes to prepare for evidence to be
nreSantAd.