Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-09-14
tired. But the noise Of the explosion has come
to you slowly and this accounts for it all"
SIGHT AND SOUND on THE WATER

SIGHT AND SOUND on THE WATER.
Mr.. Wise dwelt at length upon the uncer.
tainty of sight and sound upon the water and
said that the only witness upon whose testi-
mony they were asked to rely had received his
own knowledge of the occurrence from these
deceptive means. and was not on friendly
terms with the defendant ''And yet," con-
tinued MIR. Wise, you are asked to send man
INTO eternity upon the testimony of witness
who did not know murder had been
committed and who treated the whole affair as
joke. What does Mr.. Evans tell you? Moth
ing that Thornton Hiatus did not say upon the
stand. He admitted the killing Of Ned Hanne-
gan, and the explanation Of the latter falling
forward OF the seat is simple. He staggered
back upon being shot and fell across the seat.
Much stress has been laid upon Mr.: Evans
statement that Hannegan finished pulling his
stroke. Gentlemen, you have all been fishing
q hundred times, and you know as well as do
that If man is in a boat 100 yards away you
can't tell whether he's catching fish or bait
ing bis hook, SC hard is it to be certain when
looking across the water.
DO not think for one moment that would
charge Mr.. Evans with perjury, but / do say
that he was mistaken and uncertain as to what
he saw and the best witness Of this is Mr..
Evans himself, who says that the whole affair
made 30 little effect upon his mind that he did
not even believe IL was a matter Of any serious
ness at all. We have proved beyond all doubt
that he was mistaken about some of his ideas
of distance. He said the government wharf
was about eighty feet long. We proved that it
was $50 feet long, Will you hang a man on
such testimony as that?
''As for the boy do not think he lied at all.
He was sure OF all he saw, and yet he saw so
little that when he told his father there had
been shooting and his father said. shot
nothing: A couple of young blackguards sky
laTking, young Evans was satisfied and thought
1t was % no importance.
81, Is - il a man remarked. oh. see that
Porpnise Another man Gays, That's no por-
poise- Its 1. blue fish Well, sRys the first,
maybe II Is a blue fish, A naif hour later some
one tells :tem there vas whaie out there Iii
tie vs'Hr and the TWO put their heads together
and tome 80 fne conclusion that they were the
first onas to see that whale. Then they remem-
per the TWO holes OF the head ana the hairy
Substance around the mouth, and they tel
some one 20 run to the commaidant of the
po.: sn,i tell lin that they we've witnesses to
the whale. Gentlemen, do YOU regard such
persons ss qualified 20 write a hook on whales?
h2w much worse is II to ask ' on to hang a man
on such evidence as that. Gentlemen you are
srked to sand u man into eternity on the testi-
mony OF n man who treated the whole affair as
a huge Joke.
You are told that if Thornton Hams is inuo-
cent then Col. Bind is a convicted perjurer.
his Is not go at all. The truth is that Col.
BIRD really saw nothing of what occurred.
Mr.. Montague wished that the dead man might
be present 10 give his story of the shooting.
Wen nc might, for there are only three persons
VINO know how that shooting occurred. One is
the eye of Cod. and the record OF that sad
affair Is all recorded there. Young Hannegan
dia know hcw 1t occurred. Thornton Hams
does know, and there is not another person Oh
the face OF Gods earth who knows what really
occurred in that boat that day."
GOING THnoUGH THE EVIDENCE.
Mr.. Wise went through with the typewritten
report of the evidence to prove piece by piece
that there was nothing to make plea of self
defense impossible or unlikely, and in compa
ing the testimony of Lincoln Smith with that
OF Mr.. Evans he characterized the former us q
man who had no prejudice against the defend
ant; had not forbidden him to enter his house
and had nothing to gain by giving false testi-
mony. He asked the jury which the bet
ter wltness-Lincoln Smith, who saw a scrap on
board tina. boat, or Mr. Evans, who didn't see
it. He was confident that the jury believed
that Smith told what he saw.
referring in beautiful language to the ap-
pearance upon the stand Of Mrs. Hains, Mr..
Wise said that those mothers tears were not
shed through any fear for her son, but at the
of the sorrow that had come upon the two
families.
"But am not asking you to send that boy to
any term In the penitentiary," said MIR. Wise in
impassioned terms, he pointed at Thornton
Hams. Are You clearly satisfied III your
minds from the testimony that has been given
you that that young man deserves to be
hanged? Yet l am no. asking for any compro-
mise verdict. He is either guilty Of murder in
the first degree. and want him hanged for his
crime or he is innocent, and it is your duty to
acqui. him. don't want you to disgrace this
man for life by sending him TO the penitentiary
for term OF years from any sentiment that a
killing has been done and something ought to
be done about it. Convict or ac4uit."
THE PRISONERS STORY.
Mr.. Wise referred to the fact that according
to law the prisoner was perfectly proper wit
ness in his own behalf and discussed the fail
ure of the commonwealth to cross-examine
Hains while on the stand, closing with the
statement that the only testimony they had as
to the actual occurrences in the boat was that
made by Thornton j. Hams, as competent u