Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1924-04-04
CRABILL FACES JURY.

Henry E. Grabill, charged with thu
felonious shooting, with attempt L
kill, of Frank Robinson on the after
noon of February 2, when shoots free
| from shotgun in the hands OF Grabil
| wounded Robinson, his wife, child ant
| Mr. and Mrs. John Hoffman, was called
| for trial in the Circuit Court of Shen
andoah County on Tuesday.
| The Commonwealth introduced only
such evidence as showed the commits
sion of offense when Grabill, at the in.
tersection of Water Street and the Fort
Road in Woodstock, fired two shots
into the homeward bound automobile
driven by Robinson, wounded the
above mentioned parties. There was
no testimony introduced divulging a
motive for the shooting and the evil
dence of the State witnesses was con-
fined TO a recital of facts surrounding
Grabill's unlawful act.
The defense relied upon prepon-
derating volume of evidence showing
the defendants previous good reputa-
ton as law abiding citizen his kind
ness of heart in his dealing with his
fellows and his unselfish disposition
when the interests of others were in
volved. 1t was developed that Grabill
was in sub-normal mental state be-
cause of a protracted spree and that
the act committed would not have been
committed by normal person. TWAS
also shown that while the defendant
had reached maturity from a physical
standpoint, yet that his mentul facul-
ties were undeveloped and that he pos
sessed the reasoning powers of boy.
DR.. j. S. DeJarnette, Superintendent
of the Western State hospital at Staun-
ton and DR.. A. S. Priddy, Superintend
ent of the Virginia Epileptic Colony
near Lynchburg, both alienists of wide
experience and State wide reputation
were called for the defense.
A hypothetical question giving in de-
tail all of the circumstances surround
ing the case, as they were recited in
evidence, and embracing a history oil
the defendants disposition and char
acter, testified that The act for which
Grabill was facing Shenandoah Coun-
ty jury was the act of man mentally |
at the time of the shooting,
and for which Grabill was absolutely |
Not in the history of Shenandoah
County Court procedure has there
been such crowd eager to hear the
proceedings and the big room was
iammed to the doors during the pro-
gress of the case.
The instructions of the Court made
plain to the jury the law as applied to
The evidence introduced, and this evil
ience was such as has already been
,onned by rote by all who have read
he earlier history of the case
The jury was instructed that though
drunkenness was no excuse
or crime, yet if they believed that
such drunkenness had so affected the
'easoning faculties of the defendant as
o make him irresponsible at the time
If the offense, the jury should find a
verdict of not guilty. |
The summing up of the case in the
of counsel was a brilliant
of court room oratory, law
and logic, and upon the conclusion of
these arguments the case went to the
Jury at eight-thirty last Thursday |
night.
Charles M. Curry opened for the
Commonwealth and he was followed
by Frank H. Brumback for the de-
tense. After a recess for supper,
Hon. Richard Evelyn Byrd, of Rich
mond presented the case for the de.
PENDANT and the arguments were closed
by Commonwealth Attorney Philip
Williams.
THE VERDICT.
At noon to-day the jury, after having
had the case under advisement all
night, returned the following as its
verdict, 1--WE the jury find the defen-
dant Henry Grabill guilty of malicious
shooting as charged in the indictment,
and fix his punishment at seven years
in the penitentiary."
AT one O'Clock argument of counsel
for defense was begun asking that the
verdict be set aside as being excess
sive, and contrary to the law and the
evidence.
The jurysdetermining the case was
composed of George B. Baker, Luther
Dyke and Omer L. Wakeman, of Davis
district ; j. Earl Foltz, of Stonewall,
Otto George, Charles Merkley, j. B.
Coffman (foreman) and Gilbert Del
linger of Madison Ernest Scothern, l.
T. Tisinger and j. Warren Good of
Ashby and A. j. Weaver of Lee.
The maximum penalty for the
offense charge was ten years, and the