The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1891-06-10

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was cheer for Gordon Cunning as he
passed into the courtroom to-day. He
was evidently in better spirits than a
week ago, and he took his seat with an
air Of confidence.
There was no dimunition in the at
tendance Of the fashions bles, though
much disappointment was felt at the
absence of the Prince of Wales, who
had gone to the Ascot races
On the opening of the court General
Owen Williams, one of the defendants.
rose and addressed the Lord Chief Jus
tice, saying: My Lord, have to ask
your protection. Yesterday, Sir Edward
Clarke thought proper"
Sir Edward Clarkc-"You Lordship, |
ask you to interfere. General Williams
should not be allowed to make 4 state
mont TO tho court in this manner. 1t is
not his privilege"
General Williams, sharply, 81 was ac-
cused. horrible charge was made"
The Lord Chief Justice: Il do not
remember tho expression you seem to
have in mind, but / do not think YOU
can be allowed to speak"
General Williams: 1--WE were charged
with sacrificing an innocent man. That
charge was without any evidence or
Justification"
The Lord Chief Justice: 81 cannot
hear any statement from YOU"
The general retired with an expression
OF displcasurc at his rebuff.
The Lord Chief Justice then began
his summing up of the evidence. The
court explained at length the difference
between an action for Islander, such as
this one, and an action for libel
"lf the jury found that the defend
ants in what they said about Sir Will
liam Gordon Cumming had spoken the
truth they should render Il verdict in
the defendants favor. IT, however, the
jury believed tho statements of the
defendant to have been broadly untrue
and that the plaintiff did not commit
the acts ascribcd to him the verdict
must be for Sir William. His lordship
entreatcd tho jury to keep their minds
steady upon the evidence. The eXtran-
couS matter which had been brought
into the argument must eliminated from
the minds OF the jury in their considera-
tion of the facts. At this apparent
allusion to the remarks of Sir Edward
Clarke concerning the Prince of Wales
there were many significant exchanges
OF glanceS in the courtroom. The Lord
Chief Justice proceeded to analyZe the
evidence which he said was well worthy
ofcarcful consideration; he cmphatically
protested against the observation which
had been made by counsel that there
was moro in the case than was allowed
to appear upon the surface.
The court then touched upon the posi-
ton Of the Prince in this affair and the
desire for secrecy in regard to the scan
dal. "Was it not natural" said the
Lord Chief Justice, that with our
monarchical institution that such Il
wish should have eXiSted?" 1t must be
remembered that such incidents with
the cxaggerations that might arise were
nowadays sought before hard iudg-
ing world, and surely it was not thing
to be said against a man under these
circumstances that he was anxious to
keep a scandal quiet. While admitting
the prima facie improbability of one in
Sir William Gordon Cummings posi-
ton and of his wealth cheating al cards,
yet the Lord Chief Justice made it a
strong point against Sir William that
he had failed to confront his accusers.
The court was unable to find in the
evidence any contradiction of the state
ment that Sir William had been told of
Mr.. Lycett Green's desire to be con-
fronted with him.
"rhe jury must confine themselves to
the single question at issue and base
their verdict upon what they had heard
proved by tho evidence
When Lord Chief Justice Coloridge
defined the law of libel and that of
SANDER, and gave special instructions
as to the damage in the event of q find
ing for plaintiff, the tone of his add
dress seemed decidedly in the plaintiffs
favor, but when he proceeded to an
analysis eff the evidence given by Gen
eral Williams Early Coventry and the
Prince of Wales the effect was in the
nature Of an endorsement of their testi-
mony lie dwelt at length upon Sir
William Gordon Cummings high posi-
ton and brave career, and described his
visit to TranbY Croft as an honored
guest Referring to the insinuations
against the Prince of Wales the Lord
Chief Justice sarcastically observed that
while people might indulge in q criti-
cism as cheap way Of gaining notoricty
much pleased to have the Prince, Earl,
Coventry and Lord this and that at their
house. uaughter.)
Sir Edward Clarke: "There is no
evidence that Sir William was informed
Of Green's desire"
Sir Charles Russell differed with his
earned opponent and read from the
testimony of gentlemen to the effect
that he (Williams) had informed Sir
William of Mr.. Green's desire
Lord Chief Justice Coleridge resum-