Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-05-26
TALKING FOR A LIFE.
The Carter Murder Trial is Continued
Till Late at Night,
BUT NO VERDICT TILL TOMORROW.
Concluding Evidence as to Men With Pts
tolls Being Bosses.
POINTS OF THE COUNSEL, BOTH WAYS

The Carter murder trial was continued in
Criminal Court yesterday. james johnson,
who was witness for the prosecution, testi-
fed to the prisoners good character.
Charles Smith testified to the shooting; he
said Gross told him that Carter did the
shooting, and Carter at the same time ad-
mitted it, but said that it was accidental.
He also testified that Carter helped Gross
through the mill after the shot and into
wagon. The next witness examined was
John Carter, the defendant. He stated that
he was born in Richmond, Va, and has
been in this city for 13 years. He was well
acquainted with Gross, and just as he was
taking the pistol from his pocket it was
accidentally discharged.
THEY PUT UP THEIR HANDS.
They were accustomed in the mill to fool
ing about, and, whenever one drew
revolver the others put up their hands and
said the man with the revolver was boss.
This was what was being done when Gross
was shot. He did not believe that Gross
was shot, and went over to him and hunted
over the person for the wound. Gross was
not carried out of the mill. He walked
out, and the prisoner helped him and
helped place him in a wagon. He stated
that he met Gross every day, and on the
morning of the day he was shot that he
Carter had promised to give the deceased
two days work. The witness denied that
he had used any profane language previous
to the shooting, or that he was angry at the
time. Mr.. Porter severely cross-examined
the prisoner, but he did not deviate in the
least from his story, which was told in a
plain, straight forward manner.
THE LAST WITNESSES.
Maggie Carter, the wife, and j. H. Carter,
the defendants brother, were placed on the
stand, but their evidence was not of any i'm
portance. William Rainey, Mathew Wool
ridge, Hattie Cook, Henry Tally and Luke
Freeman all testified to the defendants pre-
vious good character.
In filing their points OF law the defense
asked for verdict of acquittal on the
ground that the killing was accidental.
District Attorney Porter asked for a first
degree verdict. Mr.. Johnston then went to
the jury for the defense, and was addressing
them when recess was taken for supper.
Attorney R. H. Johnston concluded his
address after court reconvened after the
recess for supper. He pleaded strongly for
acquittal, holding that the killing was ac-
cidental. In depicting the death of an in
nocent man on the scafold, he caused Car
ter, the defendant, who felt rather solemn
anyhow, to shed tears.
SATISFIED WITH SECOND DEGREE.
District Attorney Porter concluded for
the Commonwealth. He gave the jury
choice between murder of the first or second
degree, but held more strongly TO second
degree verdict than first.
Judge Magee, in his charge, after reading
and adjudicating on the points submitted
by counsel, defined the law on murder and
manslaughter. He reviewed the case, and
it was the general opinion, when he had
concluded, that the charge favored a verdict
for less than first degree. The jury retired
at 1880 o'clock. Judge Magee waited until
11:35 for a verdict, when he decided to ad-
journ court until 10 A. NJ. Monday.