The times. [volume] (Richmond, Va.) 1890-1903, 1890-09-04

n,.t morning. When I came back met
4 ia,ns ard euIly Adams told roe Mox
was hurt. and he was the @cree looking
siIht ever say. Directly after got home
Law Mox. do not know whether he was
rational or not. do not know whether or
not he was capable Of giving an account OF
how be was hurt.
s,,ch ey,aence would be hearsay evidence.
MIR. Wise said that he had asked the qucs-
tion. and would have IT answered. He ar
,oied that be wished 81 prove what Ross
deitebar'- condition was. Mr.. fcitig has
stated NOV was not c,ean OF. He gave an
swers 10 questions.
EVIDENCE ADMITTED.
The evidence Of Mr.. Feitig as to whether
Nox was capable Of making statement
was admitted. but no statement of Ross
deitchor's Was heard. Mr. feitig was UNI
decided AS TO whether lgOssdeitcher was IN a
condition 10 make rational statement. ie7,
thai is my axe identifying the axe that had
heen uroducoG MOX used it the sunday
before ne was hurt, and knocked piece
ont of the handle. ! ground the axe aitef
MoV was hurt. sully turned tue s'ihu-
stone.
With Mr. Tcitigs testimony The Evidence
was closed for the defense, and Mr.. Thomas
was about To submit the case without drgu-
,neut. The defense. however. stated that
they would argue the case. Consequently
Nr. Thomas argued iOi the commonwealth.
lie sajd that the only point the prosecution
had ~ decide was whether there was pfOpa-
bic cause 10 send Adams on; that according
10 Mr.. Feitig's testimony DE tfeitlg) left the
bOuscat O'Clock and left Adams there; That
Adams had am opportunity Ia commit the
crime. and a means 90 commit the ouen-e:
AL tH.. o. e
the effect that the blow mad been inflicted
with some blunt instrument; that AN axe
was wing within two on three feet oi where
RDssdeitchor was sleeping. me car
dinal point said ho. 'Oi this case D. clearly
established. The accused was in the VI
ciuity o. the crime. and the means 10 com
nit such crime were az hand. Leaving lhat
point. we find and contend that this pocket
b00l. is the pOcket-b0ok Of the de-
cea,cd. 10 viii not do for peo-
ulc. when this book was 40 the
hands az officer. of the Commonwealth %
deny that they know nothing about DO. How
could they account for it being in Adams
ro0mf The next point is about the bloody
axe. Iii. found with blood ON TO-. and was
at the scene of the murder the night before
~ully's testimony that this man had q
bloody axe on his left shoulder ana attempt
cd to was the blood on at the hOrse-tiOugh.
Could ~ully cOncock such stOIyt Has he
the genius t0 make mp such chain Of cir
cumstances as he stated; lie tells that
when before be went out plOWine
he came back for his plow-!ine5.
and Adams was washing the axe. ilc
asked Adams about the blood, but Zoe
ccts no response. Did Adams rcpel the ln-
.inuated insultg SO. sir; Doe said nothing.
and -ully tells link by link. step 10y step,
until he has a perfect chain of evidence. II
Tom ~ullv is 90 be believed. that puts am
end to all this argument. bat the facts ana
circumstances. even without sully' testi-
lnony. have made "a chain mat makes d.
t our duty addressing squire Atiee) as an
iuquiring magistrate tO send him ON io the
Grand jury. Granting that Eos,deiichcr
was killed the carly part oi the night' there
is not scintlla of evidence TO show thar
anyone else could nave committed the Of
Tense but Adams.
FOR THE Defense
Mr.. W. N. Cosby, Jr.. next spoke for the
defence. lie quoted from Grattan Nv Re
uorts the ease of Warren against Dupont,
which stated that tO make ont ca'e oi
I.rtbable cause ..that there should Dee rea-
eonahle ground for suspicion supported 10y
sufficiently strong n them
selves 90 create more than slight -uspI-
cion." IL do not admit one piece or e'i-
deucc." coutineud Mr. Cosby. THAT OF ,Nulll
where 10 is said 90 agree with Mrs. fciue' =.
She said Adams ana ~uliy were present
when M0N counted his money. ~uhy
saw. he was not there. There is "a
motive for ~ullF'- testimony --eli-pro-
lection. Can We believe that ~ully kept
his mouth shut for over month when
every other witness contradict, him oh
every p0ints Feit1 saws Dee was going go
market. -uily came at % quarter past ana
hy way that is usual FIR hm. Mrs. hto
said she has seen ~ullv come hy her back
wav several times. Il YOU are going 90
send Adams on by -ull1- testimony then
! have nothing more to say; hut know no
twelve men OF your country would convict
"a MAJ on . that evidence. The c-
der ,letellus says NOX was 80
his house the sunday before Boz
died. rully tcstiie, that bee was no Mr.
Feitig's an . O'Clock that morning and was
there in the afternoon. MIR. fciti- saws
that Mos was at his house an dsy. lie
showed conclusive that the p0cket-b)0A
was no evidence against Adams. The
Mcteiit- contradict each other about a.
They DO NOT argue about tho dollars ANA tNc
small change. while sclnurnan SAW him
pull I'VE dollar BIN ont 0f "a purse. What
did Adams have 90 commit ihe
niien~e. Beyond any possible doubt Adams
uuOu she hay. but hc had n1 opportunity
after 3 O'Clock 90 commit the deed. Pre-
Nf0u, Go tilt gDu cannot show That A0iime
ever had au opportunity tO commit in'. acL
ANY movement made bY him could iW;
been heard hy Mrs.. Feiti-, who says tlai
IaNin- - Young baby tO attend t0, sd. l- up
OIL. greater portion oi tue night ~lllt
I-. fD-NHes That AL wore the same
-n. .i e.. .1c.. but Doe saw n0 blood on Dol,
clothes. Do you believe -ully. expect You
% send the case on; if fou ID not. you have
udrieht t0 send the man on charging him
with tli, 0fcu-e.
CAPTAIN WISE.
Captain George D.Wi-e: My a--ociate
has gwen reht definition ol "proAanlr
cause" OU the "a Oi July. in the county ol
lleuric0. one of your citizens was mur"crcd.
lie did not die on that day. and from that
.lay tO this tnc time of the sheriff. deputies.
and CommrnNcalth's attorney hats been
taken zap in Investigation. lou have spent
the money of ihe county. but you nave not
the mystery. Common sense tells
sOu that when you are looking for tine oi-
lender you follow the winding pain.
What are you going tp send Adams |
ln for: What "a spectacle You nave
presented here to-day. luu bring in
~ully iu chains Wiihan officer zoo his back to |
him from bis cell. and then YOU -s him sent !
ln. You want Adams to submit io ODE same /
procedure. Then You viii eo out and -et /
mother man and send him on and YOU ] |
bee not one whit nearer the truth. luu sent |
>ully on upon what i- probable cause. You |
Nani o. send Adam. Ou the same probable |
.ause. N9u have investigated 90 your
icarrs content and sent The negro on. le |
.ame on and -w0re that Adams told |
iim hc struck Ros-lciichcr, when no /
nan ha, ever before hreathcd su-- |
iiciOn AGAINST Adams. Two days after
'ossdeitchcr is hurt. >ully says Adams |
Old him about the blood on the axe. and |
hat he (Adam~) had struck NoX. You know /
hats ID iIe. lt- impossible. Aud yet bee /
old yCu that story month Afterwards. |
le kept that secret mark You. Here is /
i've dollars 10 you wont tell On me. Adams |
ellis his secret. and then gave him five dol |
ans 40 that ~uily VIII NOT say anything |
lb0at it. Il is am insult 20 the principles Of /
Justice To- ten such story. You can't c0n-
let pointer dog ON that testimony. You |
lare not ask any jury 90 coWic; /
man ON that evidence. man
hat would ten lie like that ought 20 DE
cent on. Mr.. southwark not only follows /
Do. tho arra-t Of ~ulfN - tine arrest Of /