Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-09-14

witness as any other. The prosecution, said
Mr. Wise, saw no flaw in his story, and know
ing they could not overthrow it, they were
afraid to cross-examine him.
Il wish Edward Hannegan were here to give
his testimony in this case" said Mr.. Wise,
feelingiy, ''but if he were here know the story
he would tell would be this: We were friends.
Thornton and ], and he had no malice nor feel
ing toward me. He had no reason for shooting
until that day when we were out IN the boat
We were tired and worried and wanted to 20
ashore. He wished to take good care of the
boat. l had less interest in the boat, and
wanted to land at once. We had hot, bitter,
burning quarrel, and in the heat OF the moment
raised the oar to strike him. He shot me
twice, but if he had not done SO would have
broken his skull like an egg shell and in two
seconds he would have been floating in the
waters of Chesapeake bay like a crab that was
cut in two
mo one can regret more than do this whole
sad occurrence and no one would do more than
to relieve the distress that aifiicts these two
families, but can you make things any better
by sending this man to the penitentiary this
man. who whatever be his fate, will bear in
his heart all his days the scar of this sad affair?
Gentlemen, the only witness competent before
the law to testify as to the circumstances of
the ARRAY in that boat is Hams himself, and he
has told you that the shots we're fired by him
when he believed he was i'll imminent peril OF
his life. On that testimony ask for an acquit-
~
that will set this man free and bring happiness
into many other hearts you will have the sat-
isfaction Of feeling all your lives that you have
erred on the side of justice and humanity.
Il do not ask verdict of murder in the
second degree nor for manslaughter. do not
fear the rope. This man stands on the God
given right Of self-defense. He fred those
shots without generalization, suddenly, and
firm in the belief that If he did not fire lie
would be u dead man forthwith, and ON the
strength Of that We claim an acquittal that will
exonerate the defendant At the bar"
LINCOLN SMITHS TESTIMONY.
Mr.. Wise then went on to take up Lincoln
Smiths testimony and to argue that because
there we're certain inaccuracies and contradic-
tons in 1t was no reason for throwing out the
entire testimony. The man had no animus
either way, and there was no reason why he
should lie when he said he saw q blow struck i'm
the canoe that day. MIR. Wise said he believed
ON his honor that that poor man. Lincoln
Smith, had told the truth from beginning to
end as he knew it. II the jury believed that the
man on the center seat Of that boat raised up
and made the overture to strike they must
acquit. for tbe man on the stern locker was
Justified in shooting, even though the danger
was not real II the man in the stern had o
reasonable ground for apprehending from the
motion Of the other that his life was in danger
he bad = perfect right to shoot and was not
obliged to wait until the blow was struck before
| resorting to his right Of self-defense. He may
| have been mistaken in his apprehension. but
this did not alter the merits Of the case ct all
| 1t was improbable that there was no provoca-
| ton before those blows were struck. II the
deceased did such act as to lead the defendant
to believe that his life was in peril and the act
Of the deceased was not provoked by the de-
PENDANT. then the killing was an excusable one,
even though the danger was imaginary.