Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1891-09-16
HAMS ACQUITTED.
VERDICT OF THE JURY IN TIE NOTED
sAlt-eOAr TRAGEDY.
NJ. goos,c,s Great specch--whsrc Was
flanagan kiiIcd?-Senasor voorhees,
Closes-Hains's Joy.
tsncn,, telegram TO the Dispatch. J

HAMPTON, Va, September i5.-Hon. John
uoode resumed his argument in tho Hams
trial to- day, and commanded the close at
tontion of Judge, jury. and audience. In
the course Of his remarks he often referred
% the great responsibility he felt resting
upon him. and while he did not care to
tire tho jury. yet he could never forgive
himself IL he left ANYTHING undone for his
client. He claimed that IL was Impossible
for verdict other than acquittal TO be re-
turned, rs no grudge or malice had oeeh
shown by the Commonwealth. Moreover,
Il was shown that IL was case OF sell
defence. Hams had been compelled 10
shoot No matter whether there was rear
danger or not. II he thought his iie III
danger he was justified.
AsrRoSa ArrEAL.
He pathetically spoke Of a mothers
love. and appealed TO the jury that they
SCOUT him and restore him to his mother
arms Much stress was LAID ON tho Zoe,
that Hams was q Virgipian. The evi,
dence Of Commander Evans called
for large part OF his time, ana
WA termed as the testimony OF
man actuated by malice. whose appear
ance denoted strong prejudice. and he
Hams was madmsn. No one could think
otherwise. The evidence of Colonel Bird
was given honestly and conscientiously
but neither he nor Frank Evans saw all
that occurred.
HE TOLD THE TRUTH.
Captain Grey's testimony was COM
mented on 10 show that Hams had toid
the truth. As 10 the evidence Of Lincoln
Smith ha did not care whether the Jury
believed him or not. but he -GO0de-was
satisfied that Smith saw what he had
stated, and was borne out by other testl-
mony.
DR. Peck's evidence. in the speakers
opinion, clearly demonstrated the pro
liability of Hains's statement. and any
way You chose TO view the matter there
was the doubt and the prisoner was en-
titled e. II. He claimed that Hains's evI-
dence was the very best, uncOniradIcted,
and unimpesched. the prosecution not
daring TO crOss-cxarnine him. lie CITED
IRON some of Senator Noorhces's speeches
70 sustain some points made, and cited
other authorities.
GcoD POINT.
He devoted his attention To the instruc-
tions fox awhile and then branched OH ana
asserted that II made no Inference what
the Jury believed as to Hains's guilt. they
could not find him guilty as charged IN
the Indictment, for the indictment charge l
that the killing took place IN Ehza-
beth City county. and they cialih-
ell that II did not, at the same
time asking Voorhees, how he STOOD
Oh that point. That distinguished gentle
man said II was matter FOR the Court L"
decide and he would express no opinion.
Judge Guuter SAID that he would gram M,
instruction IN the matter If 1t were asked
for Sir. GoOde closed with an earnest ai'-
peal Tor his clients acqull;al. recess was
taken TIL L. NJ.
SENATOR VOORHEES, CLOSES.
The largest number vet III attendance
was present at 2 L. NJ, when senator
Voorhees, began his argument. The Ia
dies were present in force. many OF them
having to stand until the court adjourned.
The Senator spOk, for only two hours. but
made tue speech of the case. lie vas pa
thetic III depicting the tears IN The. case
and i'll eulosizing the character OF the
dead boy. A finer Young IMAM, sad the
speaker, he never saw.
When he took up the evidence and went
on to show how. not only Was Hdn' not
cOrrobOrated. but was cOntradlct"d bv ms
own witnesses. lie was plain ana practical,
md asked the defence 70 correct ana stop
hun If he mis~tated any of the evidence.
lie regretted exceedingly that he had been
referred to i'll such terms 10y counsel as to
cause more to be expected OF him than he
could perform.
TIE son OF A FRIEND.
He had heard Of the death Of Edward
Hannegan III his far-of home. the son OF
one of his best friends. and young man
an whose career he had taken Just p-.d".
lie considered II ms duty to come down
and see If he had been fOullv dealt with or
not. If he thought that Haunegan had
brought his death upon himself he
would not act SO. But he did mol
SO think. He explained how he came
down 10 defend John l.. Cook III
1853: said bir. GOOde. '-forced 1t on HIM.
There were tears IN that case as We'll as in
this. but he Was hung. He sad If "a
mother tears would clear man few men
would be punished, TO- mother chung
more than ever TO "A wGyward boy. There
was no sOrrow like that child could cause
q parent. and If a july Il To be belIttled
and dwarfed by symI athy then the glory
Of Virginia has depar ed. He referred IN
eloquent terms To Lee and jackson. and
sad their reputation was American and
not confined T. Virgin a.
ANINPAKTIAl OBSERVER.
He came not 10 harm any one. but TO
help the Jury t. look At the ease. Crlmi-
nails are punished for the protection OF the
community "a well a, Tor their own pun
ishment. There had seemed TO be a tone
Of reproach all along the line Of the de-
fence that any one except the Common
wealth's Attorney la / come into the case
He was sure the JurS did not feel that way.
and thought the law allowing deiendent
TO testify vas a good one. But II IA man Will
commit one crime be will commit an
other to hide II. Wise said that Hams
evidence in the case WAS enough to clear
him. II that were 90 sad the speaker,
trials would be farces A criminal would
plead not guilty, swear to IT. and that
would end the matter. What would "a
man not give for his life?" and IN case
where life and liberty are involved, what an
inc, ntive to perjury lie referred TO the
prisoner as young Mr.. Hams. He did not
propose 90 denounce him, and 1t was q
mistake if any ore thought so.
ALow SPECIMEN.
In speaking Of the different witnesses
he said that Lincoln Smith was the lowest
specimen Of the human race he had ever
seen come into court of justice. In re
}errlng TO the darky and his opinion of
them lie SAID he was OF the NTH genera
ton Of straight goods OF kentucky. and
had pronounced views III regard to the
negro. He would not do any man IN
Justice: would not rest satisfied If he
thought he had said he would not believe
the Statement. of q man IN liains's pos';i
The sneaker knew SO little about boats
that he had TO get some one to SO down 10
the boat with HIM and tell him about 1t.
MERCY MERCY!
He went over the evidence closely and
carefully, ard showed. in his opinion,
where Hams was contradicted by his own
witnesses.and corroborated 10y none. Re
spoke feelingly of how counsel for Hams
appealed TO the jury for mercy, and asked
what mercy he had shown poor Ned Han
necsn while living at his feet in the boat.
certainly not able TO harm him then. He
closed by ap earnest appeal for them 10 be
true. brave, and Just, and uphold the fame
of Virginia He declared IL as MS belief
that Hams was guilty Of murder in the
first degree.
THE JURY RFTIRKs.
When he closed Mr.. Goode arose ard
withdrew what he had said relative to
the killing not having taken place in thir
county, and the jury retired to their
rooms. Hams sat and chatted awhile with
friends after the Jury LETT. and then had
an earnest talk with Mr Goodc. after
which he paced the floor for while III
solemn thought. At G20 the jury came IN
not having agreed on verdict. aLi a re.
cess was taken to 1850 o'clock.
NOT GUILTY.