The times. [volume] (Richmond, Va.) 1890-1903, 1891-09-13
THE SUMMING UP COMMENCED.
Proceedings Of the Fifth Day Of the Hams
Trial at Hampton.
A TILT BETWEEN WISE AND VOORHEES,.
Now Evidence Adduced by the Common
weaith-Mr. Montague Opens the Argu-
ment for the Prosecution.

HAMPTON. Va. Sept l2.--ISpecial. This
is the fifth day Of tho Hams trial and public
interest has not abated. At the opening of
the case this morning the counsel engaged in
q tilt over the right Of the Commonwealth TO
reopen the hearing for tho purpose Of intro
ducing new evidence. This the defense
strenuously opposed.
Mr. Wise read at length from Hams testi-
mony gwen yesterday 10 show that flanagan
had stepped forward, and that after he shot he
fell back upon the seat and slowly sunk back
ward. his hand grasping the gunwale.
Mr. Wise said that there was NJ suggestion
that the body was att of the centre board
and Il was admitted that the body fell back
ward. forward Of the centre seat. IL made no
difference whether flanagan fell back, stag
gered back. walked back IT danced back, the
Commonwealth had no excuse for not
having summoned every member Of the guard
who found tho body II they thought they
could prove anything Of importance by them.
They should have been called Mt the proper
time instead of at this stage of the trial.
Mr.. Wise closed by saying that tho case was
already beginning to flavor Of eternity.
sTNAToR VOORHEES, REJorSDRR.
Senator VOORHEES, arose and said in solemn
tones that lie agreed with Mr.. Wise that the
case had aboutit flavor Of eternity. One soul
had already gone 70 its eternal home. An
other soul is on its way TO the same judg
ment seat where sooner or later it must an
swer o. tho charge Of sending the first one
there before it's time. The Commonwealth.
he said. asked that the new evidence be nd
mitted in the interest OF justice. simple JUS
tce. and not 10 aid on any spirit of yenge-
ance Of vindictivenesS.
Judre Gunter held that tho evidence would
throw new light upon the case and IA such
was proper 10 be heard even at this stage Of
proceedings.
The Jury was sent for and tho defense noted
an exception TO the ruling Of the Court.
POSITION or HANSIGAs's BODY.
Edward Lawrence. John ]. Shaunahan.
private soldiers in uniform. were called and
sworn.
Edward Lawrence of the Third artillery,
now at the fort. stated that he was present
when the body was taken from the boat He
assisted in the removal of the body.
The body was on its back in the forward
part Of the boat. with the legs from the knees
80 tho feet resting upon the seat upon which
the Oarsnnn sat. The sail was down and par
TALLY covered the BODY.
On cross examination by Mr. Wise witness
said he did not know how many seats there
were in the boat. He did not notice this nor
did he know whether the seat on which the
legs rested was forward or aft OF the we'll and
centre board.
Witness did not profess 10 be sailor, nor
did he know what part Of a boat this was, but
be did know that the BODY partly rested upon
a seat and il was his impression that the head
of the body WAS forward Of the well.
Mr. Shannahan. OF the Fourth artillery.
stated that no was beside the boat when the
body wa tnkod out OF it. The body was in
the bottom Of the boat with the legs resting
upon q seat Did not know how many seats
there were in the boat, for the only seat he
noticed was the one upon which the legs of
the dead man were resting. One or two had
reached the boat before witness did. though
he was ordered TO go to the beach on the
double-quick. He could not say whether any
one had touched the body after the boat was
beached and before he reached the boat. He
assisted in the removal of the body to the
cOloneps house
This concluded the evidence in the case .
and Judge Gunter proceeded at once TO the
reading Of the instructions TO the jury. These
covered all possible contingencies and gave
the definitions of the various degrees of muir
der. and under what circumstances the jury
should bring in a verdict of murder In either
degree or Of IN acqultal.
ANOTHER LEGAL TILT.
fudge Guntcr asked the lawyers il they were
ready 10 proceed with the case, and upon their
saving that they were. the arguments 10 the
Jury would at once be gone on with. Before
this was done Judge Goodo rose and asked
the Commemorative attorney whether he in
tended 10 mako the opening address TO the
jury and whether he intended to permit either
of his associates 10 make the closing address.
II the latter was the case he would show that
there was no proprety in it and would object
10 that course OF procedure
Mr.. Montague replied that on account of the
importance Of the case 20 the Commonwealth
OF Virginia it was his intention to have
Senator Voorhees,. OF Indiana, make the
closing address.
This the defense bitterly opposed. but their
objection was not sustained by the court.
The argument was then begun, Mr.. Mon
taeuo opening for the prosecution.