Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-09-12

monweaitn, he said. asked that the new evj
aence DO admitted in the interest Of justice
simply Justice, and not to aid on any spirit q
vengeance OF vindictiveness.
= Judge Gunter held that the evidence woul,
throw new light upon the case. and as sucl
was proper TO DC heard even at this stage O
f, proceedings.
The jury was sent for and the defense noted
an exception to the ruling of the court
> PORTION OF HASSEoAs's BODY.
EDWARD Lawrence, John J. Shannahan. priv
ate soldiers in uniform, were called and sworn
EDWARD Lawrence OF the third artillery. now a.
the fort, stated tina. he was present when tn,
BODY was taken from tho boat. He assisted
in the removal of the BODY.
The body WAS on its back in tho forward par,
OF the boat. with the legs from tho knees TO the
Feet resting upon the scat upon which the oars.
cred the body.
On eross-examination by Mr. Wise wit
ness 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
IeSs rested was forward or aft of the well and
center board.
Witness did not profess to be sailor. nor
1iu ne know what part of boat this was but
he DID know that the body partly rested upon
seat. and 1t was his impression that the head
OF inc BODY was forward Of the well.
Mr.. Shannahan of the fourth artillery stated
mat ne was beside the boat when the body was
taken out of it. The body was in the bottom
OF the boat with the legs resting upon a
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 wit
ness did, though he was ordered to 20 to the
| beach on the double-quck. He could not say
whether any ono had touched the body after
inc boat was beacled and before he reached
i nat Ha I'll Al. Al
body to tho colonols house.
READING THE INSTRUCTIONS.
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 defini-
tons OF the various degrees of murder, and
under what circumstances the jury should
bring in q verdict of murder In either degree
OF OF an acqui.tai
Cne o! the most important features in the |
instructions was to the amount of time |
necessary to make il a premeditated murder.
>, Jucge Gunter tcld the Jury that il they be- |
neVed that the shooting was the result OF inten-
ton and without proper justification they mus!
bring IN u verdict of murder III the first degree
though the intention was fixed upon in the de- |
fendant 3 mind but moment prior to the ac-
tua! shooting. On the other side, if the Jury
were convinced that the prisoner had reasona-
BILE ground for the belief that his life was in
danger they must bring in IL verdict of not
guilty even If the danger. did not actually
exist.
these as well as many other possible con-
tlngencles were covered i'll the list of instruc-
tons, which was very full and which seemed to
give satisfaction to the counsel on both Sides
though the defense noted an exception to the
Instructions as rendered by the court at the
instance OF the commonwealth and to the re-
fusal to accept all the exceptions as submitted
for the def me-
THE LAWYERS READY.
Judge Gunter asked the lawyers il they were
ready to proceed with the case, and upon their
saying that they were. the arguments to the
jury would at once be gone on with. Before
this was done Judge Goode rose and asked ,
The commemorative attorney whether he
intended to make the opening address to the |
Jury and whether he intended to permit either
Of his associates to make the closing address |
i the latter was the case he would show that
here was no propriety in it and would object Z
% that course of procedure.
Mr.. Montague replied that on account Of the
Importance OF the case to the commonwealth of
Virginia 1t was his intention to have Senator I
'oorhees Of Indiana make the closing address. il
ANOTHER LEGAL TILT.
The Jury was again removed from the court :
Dom while the situation was argued by the
awyers. p
VuuSc uOCue, LOT UCleDSe, aSkeQ tnat the -
uthoritv of the court he called into nl,ce IN h
cen the case IN The bo,ds ~ ,ho o,,,
,orwaai,b ,n,n .t. Aa anus "a 'ne eoI- II
he Jury for their verdict He said a.
Ia. tne oeIenSe were ie9riui OF the Il
eeeiyed before retiring for thew ds;hersy.ioy u
ere to come from the mouth of Senator Voor- -
ees. whom me characterized as most elo-
uent orator and the ablest criminal lawyer in te
e lam ,.nu fc
,st;ce ~ so spone az iens'n aRaiss .ne IN Ct
70 =, SUI Iou &C. VI pfoeeeaihss wneh oil
~ - aanJ1"t ~ nao i'' Wv" "''oihey pres tr
NJ " ; 'Ho oaee. 90
JIM ilterI LIN 10 ask whetner TO
~. nu n iiu NC l3 nae. sPeeen Ior the m
Judge Goode renIied that no nod Jo,a 90 h.. ca
80 $500. 'na' NC nau oone 80, put tn
nse and bs wept. on 70 ,nJ Rur ,h % ;ne ae
ances of the case which ;nst;fod 10 - 10
len. In the present case he protested -
'ainst the commemorative attorney retiring de
on SaSann IN .he nands OF such gr
nscomb, He ob;acted ~ bavira ,ha ,,ora' he
such a lion as Senator VOORHEES, laid upon aa
e kid whose interests he represented. He au
ID no objections to Senator Voorhees, speak a.,
x if they we're given a chance 10 reply Int e.
r. Montague held the commission of the state a ,s
ID was ordered to conduct its case
Mr. Mopf.oue rerIiad that ba ba,, ,,,oo;oxol |