Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-09-15


pace IN that boat few seconds before the
shooting Is all impor ts,nt and what took place
i unknown 10 Col. Bird. He does not know
that the oar was or was not raised to strike.
As to frank Eyans we agree with the enco-
miums of the commonwealth upon him; but
what did he ct the shooting? He was on
the end OF the letty and looking over the
canoes quarter. and what he saw did not i'm
press HIM wiki its Importance and reality.
Neither he nor his father probably saw what
actually took place in that boat. They saw
All ;he prosecution wanted them to see. but
what would have borne out the case of the de-
PENDANT they did not see Lincoln Smith was
the witness of the commonwealth in the begin
niH9 and before the grand jury. but in this
trial they repudiate him on the ground that his
story was not true. The real reason was that
his story would have borne out the theory of
the defense. This Is the reason and no other"
1t was o'clock when Mr.. Shillington reached
this point In his GRAFTON and a recess was taken
until 2:l5 p.
AFTER THE RECESS.
When the hearing was resumed the court
room was even more crowded than it was dur
ing tine morning session. There was a large
attendance of soldiers from the fort in the
audience and q number Of officers in fatigue
uniform were perched around on window seats
or wherever else they could get view Of the
proceedings The outcome of this most sensa-
tional Irai is naturally of the greatest interest
in Wa hiugton. and here at Hampton and at
Fort Monroe 1t is the sole topic OF con versation
and conjecture. Every one has his own idea
OF course, as 70 what il ought to be, but when
he expresses 1t he always qualities it with the
statement that it is impossible to tell what a
jury will do with case.
Mr. sHIILfSGToS RESUMES
After the court had been formally cpened
and the jurymen bad answered to their names
Mr.. SEillington resumed his address at the
point where ii had been interrupted by the
midday recess. He began by again calling the
attention Of the jury to the testimony of
Lincoln Smith and the manner III which he
first was called! in this case. lie spoke of him
| as a man who had had no educational adyant-
ages, but who had an eye, Smith was on the
barge al the wharf on the evening of the &C.
currence. he Is not trUmped-up witness
bat competent one, and saw what he said he
saw.
lie was cross-examined by the astute lawyer
| for tie prosecution" went on Mr. Shiilinston
and given catch questions, but one great fact
stool ont before Us all notwithstanding all con-
| tradletions and inaccuracies This was the fact
| that he saw what he called q scrap, a quarrel,
a controversy, call II what you will. When he
! left the stand we could not doubt the fact that
I there had been disturbance on board that
i boat. Smith was facing the jetty whence he
saw the boat coming and he called the alton
ton of Capt. Gray to the fact that there was a
quarrel in progress on board the boat. GRAY
had borne him out in this statement. and can
yoI believe but that they both told the truth?
Ignorant though that negro be. still that eye of
his s;w condition of affairs that made him
make the remark about q scrap before the
| shooting occurred l say l thank God that
Lincoln Smith was born. intellectually it may
| be hIgd TO ind his inferior. but he is man and
a witness and when on the stand he told you
whs. he SAW ard what he heard.
| y he prosecution knew IN the beginning the
substance OF bis statement and .Eey did not
| Giscredit him before the grand jury, but they
! placed him under bonds to appear at this trial
| aud you as jurors and impartial men were en-
titled 20 bis testimony, and to believe ii or not
| rs you 81 1t does not follow from the fac.
/ q an indictment being found that the grand
| jury discreditcd Smiths story. They do not
SIT the evidence ana go through the case from
/ l eCinuiag 20 end. In a civi, case the prepon-
| deTance of evidence brings with it the verdict
I Du. in a criminal case like this the law SAYS to
the prosecution: You must have more than the
prepOpdersnce of evidence. lou must bring
about al abiding conviction beyond a reason
able doubt that the defendant is guilty. We
/ can't guess d man &c the gallows. The evidence
| l. al yours, you review 1t and you say to your
| selves that not what As mott likely, but what is
/ sure and established beyond a rational doubt,
! mast be ysus verdict. THIS is night and lust
| and vour verdict must be such that the state of
! Virginia and al honest men can accept it. 1t
/ won be eowardiy il i is just. You don't look
like men who wiz return q miserable verdict.
| When ySu trlLS in decision that is just and
/ The arm Of this court is your common
! wealth's attorney. Think over his utteranccs
| lie represents no private vengeance. He wants
no blood He told you that yon must surmise
| what happened i'll that boat to bring about
| shooting. Did he who represents the private
| end OF the prosecution echo such sentiments?
No, they too fair aud just. From that ex-
I preston OF the commonwealth attorney after
ali the evidence we must think that the prose-
| cution Jailed to show any reason for the shoot
ing to make II pIemeditated. Is not that
! enough to raise doubt IN your minds? And
yet the attorney who represents the private end
/ OF the string asks for a conviction.
| There Is q man who will make the final
speech of the trial and the closing one for the
prosecution, and ask him to construs that
phrase of Mr.. Montagues in any way at vari-
| aLce with Its plain and evident meaning. But
Is there anything unusual in that sentence?
The prosecution rests its case On the story Of
one man, borne out, they claim, by two
others let Col Bird did not see the most i'm
por;ant occurrences that took place in that
boat that day. He looked away for a minute
or less, but what happened when the hammer
fell upon that cartridge Was lost to his view.
and he SAYS so hiraseif? What preceded thu
sound of that first shot that recalled his van
dering eye to that boat. We can't be satisfied
that he saw all that happened In that boat We
admit all that he has tsstifed to.
Gray brought here by the state ana
there is no reason TO believe that he was telling