The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1891-11-10

NEwnERN, Va, Nov. 9.-ISpecial J.
The third day of the argument in the
Feagles murder trial was of intense in
tercst. At the opening this morning
the crowd was not great, but as the
hacks came in from the Cripple Creek
railroad and from Dublin, bringing per
sons from Pulaski interested in the
trial, there was strong accession to
the numbers, and long before the hour
of the noon adjournment the courtroom
was pretty we'll filled. This afternoon
the crowd was greater than ever before,
and all sat or stood in rapt attention at
what tho speakers had to say.
The first speaker of tho day was Isaac
III. Larew, Esq Of counsel for the pris-
oner. He began his argument to the
jury at 9:2O and ended at ll:l5, speak
ing two hours, lacking five minutes.
After a short recess, General James a.
Walker began. and talked till seven
minutes past o'clock. Then came the
noon recess. Court convened again at
2:20. and General Walker did not con-
clude his argument until o'clock
MIR. Larew in his argument reminded
the jury that tho law had been careful;
that they should not consider illegal
evidence. Mr.. Pollock, the States at
torney, stood for the priooner as much
as for the prosecution. Tho Judge and
the jury, as we'll as the counsel on each
side, were in search of truth. lie pro-
posed to hew to tho line, let the chips
fall where they might.
lie wanted tho jury to go with him
over the case on trial and say what
their opinion of it was from the facts
presented in the testimony that had
been offered.
teagles had gone hunting on the day
OF the murder, walking down the public
highway in the sight of the town. He
a ked If that was the act of man who
went forth to Stay an unsuspecting
victim. Had he gone forth to kill
Caddall, he might have gone forth un-
seen save by the God of heaven: but
there was no concealment in his act.
He had hunted in the Bryson woods,
not in the Alexander woods, on the
east of the Thorn Spring road. The
only shot heard in the Dryson woods
was heard by DUNLAP at $3.50. In the
name of God, what was his client doing,
If what the prosecution said of him was
true, from IL to o'clock. He then eX-
amined tho testimony of the common
wealth's witnesses on Feagles being in
the Alexander woods, and argued tina,
tho statements of Feagles wore con-
sistent with his innocence; the com
monwealth's witnesses were mistaken.
lie then discussed the question of
tracks. If Feagles was guilty, why not
tit the tracks to the man they accuse.
lie had seen nothing to make him be-
lieve the prisoner was in the woods on
the eastern side of the Thorn Spring
road.
He next discussed the time of tho
murder and the prisoners opportunity
to commit it. He declared ne was in
his garden, according to the testimony,
too short time after the killing to
have allowed timo to do it.
Counsel believed Caddall was first
robbed. then killed, and gave his rea-
sons for so thinking. lie also believed
that two men were concerned in tho
murder. The deed was done before tho
railroad train passed.
Suppose the shooting was perpetrated
with 80 rim-tire cartridge. There arc
four kinds of guns such cartridges mt
and thousand pistols, and they are
kept in stock by every merchant, like
coffee and sugar. The short cartridge
will carry 600 yards. Such shot fired
from rifle would have Como crashing
through Caddall's skull. Suppose that
the shot was fired from pistol, what
became of this case?
Counsel then went into the gun testi-
mony and construed it in such way as
to endeavor to influence the Jury to be-
lieve it impossible from the testimony
for Feagles to have had a rifle. Dick
Jones made mistake about the ramrcd,
but he was poor yellow ''nigp err and
just as honest as the States witness,
Smith. who swore that the breech-
loader had a powder-fa
The question of motive was then con-
sidered. No human being, counsel
claim, had right to believe that Cad
dali had money OIL his person that. day.
1T was moro probable the act was that
OF some sneaking assassin who was pre-
pairing to leave the country.
AS to the chain, Mr.. Larew said the
State must fasten that on Feagles or he
must go free. He asked if the hands
were clean that brought it into the
court OF justice.
General Walker made the great
speech OF the trial. 1t was true, he
said, that he appeared as paid coun-
sci in the case, but he was not en-
ployed to endeavor to hang or punish
any man unless the law and evidence
should so warrant.
He was not there to take any view of
the case he did MOI belidve. Why should
he stand here to-day, his hair frosted
with age, to improperly prosecute the
man he had. known from the latter's boy
hood? He had no more feeling against
the prisoner than against one of the
jury. Would to God he were innocent.
II he was the murderer of Caddall he
wished he might pay the penalty of his
crime. Was there a man in all the
broad land who did not wish the muir
derer of Caddall might be discovered
and brought to Justice?