Evening journal., 1889-10-12
ROGERS ACQUITTED.
THE JURY IN THE RACE RIOT
CASE SAYS mot GUILTY."

Summary OF the Last Days Testimony.
Expert oculists on the stand-Power-
full Arguments for the Prosecution and |
Defence.
The hearing Of evidence for the de- |
fence in the Rogers case was continued
yesterday afternoon at 1.30 o'clock in |
the Court of Oyer and Terminer. There
was a full bench. Mrs. Willard Hall
Porter and friend occupied seats on the
bench during part Of the afternoon. A
number Of witnesses testified to details
in the chain Of evidence woven by the
defence
Police Officer Hance Of New Castle
who took charge of the prisoner after he
had been held for court was put on the
stand to explain remark made by
the prisoner at the preliminary hearing.
1t was after Carlin had testified. On be-
ing asked If he had any questions to ask
the prisoner said mo, it is pretty
straight story. The defence wished
officer Hanson TO say what the prisoner
had told him as he was being escorted to
the jail Such evidence would not only
be hearsay evidence claimed the counsel
for the State in an instant, but it
would be equal to the prisoner testifying
defence claimed that IL could only con
tradiet the remarks made to Mayor Han
son, and in their stress they should be
allowed to ask the question. All three
OF the Judges ruled however, that
although it would be a denial of story
of the State, it would be equal to the
prisoner testifying in his own favor,
therefore it could not be admitted.
The argument on the point was hot on
both sides, but the remark by the pris-
oner was not uttered. In the discussion
Mr., Bird wrote the remark on a sheet Of
legal-cap paper and handed it to the
| judges On it were the startling words.
John, | am as innocent Of the charge
as you are.
The hearing Of evidence was then con-
tinued
William J. Hunter who, at Mr. Bird s
request, made tests with gun to ascer-
tain its scattering powers at different
distances, was put on the stand, but the
State objected to the testimony and was
sustained
John Rogers, brother of the prisoner,
stated that he had kept his brothers gun
locked in the closet since the night of the
riot.
William A. vickery testified that he
drew the loads from both barrels Of
Rogers's gun, at Mr.. Bird s request about
three weeks ago The shot looked as if
the gun had been loaded some time and
the shot was fine. about No. H. Witness
examined the gun few days after the
coroner's inquest and found both barrels
loaded.
Martin Leonard testified that he closed
his saloon on the night of the riot al
40 o'clock and that no one was in II
afterwards George Freburg bartender
for Martin Leonard, said that no one was
in the bar room for half half before tn,
saloon was closed on that night Carlir
: was in the saloon earlier In the evening
e but had gone out before it was closed up
!. With this witness the defence closed
I DR.. Read ]. Mckay was the first wit
q ness for tina rebuttal. He was to hav
4 testified regarding Carlin's eyesight. Nj
z Gray objected on the ground that sue
T evidence should have been put in earle
: in the trial. The objection was overTule
o and the witness testified that he ha
IS examined Carlin's eyes and believed this
y he was able to see distinctly a perso
/. fifteen feet distant on mooi
a light night. Carlin was nef
. sighted, but darkness affecte
a a near sighted person less than far-of
n sighted person While cross xaminin
n him Mr.. Bird punched little hole in
) piece Of paper and pinned II on Brattan
e straw hat He then asked if a nea
Il sighted man could see the hole an inc
II away from his eyes9
1t "No, he could not, neither could an
'e one else, said the witness
II can, said Mr. Bird.
''No you can't" said the doctor, and /
was right.
DR.. L. H. Dravo testified that d
Mckay was recognized as one Of the bel
occulists in the country. Witness as
a sisted DR.. Mckay in making the exam
nation and was of the opinion tina
Carlin conld see person on a moonligh
~ night at distance of fifteen feet. Th
ia State closed with this witness.
ie Attorney General Biggs then argued
= point of law before the court and pepui
al Attorney General Davis at 30 o'cloC
~ ~ began the opening argument to the jul
q for the State He spoke for twenty-f'
~ minutes and then Mr.. Bird began u
~ opening argument for the defence. M
g Bird paid his respects to Carlin frs
g. ridiculing his testimony with all Il
nnss power of eloquence and wit he pOssesse
ol He spoke until B. 90 o'clock ard h
~ speech was of the most effective chRra
VI ter
e. Court then adjourned for supper, 1
convening at 9 45 o'clock, when Senat
u Gray began argument for the defenC
He spoke for two hours, making
appeal for the prisoners life
at great force Attorney General Big
made the closing speech, occupyil
i'll an hour and three quarters in
delivery Many said that
ne speech was one of the best efforts of /
70. life. The charge OF the Chief JUST
Comegys lasted half hour and at
as o'clock the jury retired. At midnig
rs. they they sent word to the court th
iia there was no prospect of agreeing upor
is verdict until this morning ami COT
es- adjourned