Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1891-09-13
THE SAlL-B0AT CASE.
ACQUISITION OF ETERNITY DISCUSSED
BY WISE ANu VOORHEES,
Nov sNe Dead BODY Lay In the Bont-f.e.
gal epats About tho Tall sycanore-
Tho Argument Bsgure-Adjournsd.
Especial telegram TO tho nispaich.l

Especial telegram TO tho nispatch.l
Hamilton. Va. September 12-At the
opening Of the Hams trial to-day Senator
Voorhees, asked that thoy be allowed to e1-
anime two witnesses rs TO the position of
The dead body IN the boat.
Mr.. Montague also asked that these wit
nesses he introduced. TIA. they did not
know Of their names until yesterday eve
ming.
Mr.. Goodo objected. rs tho Common
wealth had announced itself closed. and
the evidence proposed was not inrebuttsl.
Sir. Lipsccmb argued That !. was per-
fectlv right for tho men TO TESTIFY. he
cited suthori' In support OF his position,
end stated hat tho evidence gwen Dy
Hams made he evidence of these men m
portant. Il said TINT the Commonwealth
bad endeAvorcd 10 purchase copy OF
the evidence taken from the stcno-
craphers. and was informed that the
defence would not allow 1t. lie therefore
requested the defence 20 read what Hams
said in relation 20 the steps token by HAN
neean toward him with the oar IN hand.
he said that the prosecution wanted 20
show that Hsnncgnn was found forward OF
the scat with bis feet on ~, ana thht
what Hams ssid were true flanagan
could not have fallen N that position.
NOT ~ sEBUTTAI-
Mr.. Wise vigorously opposed the intro
auction Of tho testimony. claiming that II
vas not in rebuttal. and that If y were
important tho Commonwealth could haNo
obtained IL before. lie claimed that Hams
had stated how the body fell and IT was
not necessary and not at all IN the nature
Of 4 rebuital.
Senator Voorhees, said that a. Mr.. Wise
s,.r, 81 Of "a a
q question OF eternity. Ono soul had gone
into eternity. and the other would follow
sooner or later There was no comedy IN
the case to him. lie had seen nothing m
II that favored of such. All he desired
was that more light might be thrown on
the matter. The Senator spoke eloquently
for tew minutes in support OF the appi-
cation.
ADVISABLE
Judge Gunter thought the evidence
admissible. and after tho jury came IN
Edward Lawrence. private In the artillery
NJ Fort Monroe. was called. lie said he
helped to take Hannegan's body from the
boat. He was living IN the bottom OF the
boa. will his feet over the seat. lie could
rot say positively which seat
Private Shanahan was also present when
Tannegsn's BODY was taken from the boat.
II was lying on the back IN the bottom Of
the boat. with lis feet on the middle seat
when witness got there. The sail was
down and partly on the body.
THr INSTRUCTIONS.
The Judge then read instructions which
be granted aDi exceptions were noted 10y
the defence.
AS 10 TIE ABGUNKST
Mr.. Goode wished 20 know If 10 was the
Commonwealths attorneys intention 10
open the case and allow one OF his asso-
crates 70 closa
Nr. Montague stated that il was: that
Senator VOORHEES,, of Indiana. would close
Mr.. Goode objected and the jury were
takou out.
Mr.. Goode stated the objections Of the
defence to this course. He SAID they fear
ed tie power OF this gifted man (polnting
TO Senator Voorhoes) before tho jury.
Mr.. Lipscomb asked Mr.. Goode il he did
not close In the Pitts case.
Mr. Goodo sad no did and stated the
circumstances in tho case. He claimed
that Mr.. Montague was the sworn officer
and should not allow II to no taken from
his hand. lie claimed in interest Of right
and his client that he be allowed b an
ewer the SerstOr. lie did not want the
paw Of this hon placed on this kid" Re
ss,d practically Mr. Montague abandons
the case.
THE ooMNoSwEALTH's 1IGnr.
Mr.. Montague claimed tho right to in
vite and insist upon. Senator VOORHEES,
closing ths case. Is lie had charge.
The Judge thought Mr.. Montague was
responsible for the conduct Of his side Of
the case. and Of course could arrange the
argument as he saw fit, anc he (theJudge)
Lad no right t. interfere II the matter.
Counsel for the prosecution were allow
ed short time 10 consult lciOre the Grsu-
ment hegan.
TIE ARGUMENT BEGUS.
Ina shor; time Mr. Montague arose and
opened the argument. lie began with an
appeal to the jury - 90 with h.In over the
evidence AMI decide the case on II, and
not let INV appeal 70 their passions by the
Centlom en- on the other side to sway them,
and hs was sure thev would not.
lie thought that Hams went toward the
Rip-Raps after tho shooting TO plan what
be should DO, and claimed that the eyi-
dence Of Lincoln Smith was unworthy OF
notice. Re tlourht that tho only trouble
with the Jury would probably bs a. 10 the
premedltation. At this point recess was
taken 10 2:l6 L. III.
AFTERNOON SESSION.
Tho Commonwoalth's Attorney con-
tinued his argument on tho reGssembling
Of court, and road authorities to sustain
him IN declaring that Hams was guilty Of
wllful, deliberate, and premeditated
murder. lie PAID us respects 10 the evil
dence for the defence, and claimed that
the prisoner Of course would make tho
best statement he could, rs his life was IL
question. lie concluded 10y asking that
they decide on the law and the evidence,
as he was sure thsy would.
ar. wIsE's ARGUMENT.
Mr.. Wise followed and spoke Of his feel
ing Of responsibility III the case. He had
felt constantly deep sympathy for Mr..
flanagan, the father ofthe deceased, and
faid the prisoners evidence was the only
evidence good as to the occurrence. lie
referred TO the evidence OF Captain Evans
81 that Of q man who was hostile TO the
prisoner. Mr.. Wise brought mp the scene
OF his childhood IN this section, and told
how delus!vs sight and hearing is on and
by the sea. and argued from ii that Com
mander Evnus was mistaken IN some OK
the things he heard and saw. He spoke
Tor about three hours, appealed strongly
70 The sympathy Of the sYry n
they wanted no compromise verdict
neither tAe defendant, bis family. nor his
cohnsel. Hams was either guilty and
should be hung or he wss innocent. He
wanted no penitentiary verdict. lie closed
81 $50 y. NJ, and the court adjourned 70
Monday morning, at which time Mr. Lips
comb will speak for the prosecution.
oTRKn srrLKrRS
He will be followed by liessrs. Shilling
ton and Goode for tho defence. Then the
case will be closed by Senator Voorhees,.
1t is probable the case VIII 60 TO the jury