Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-09-14
DISCUSSING THE EVIDENCE.
Progress Of the Argument in the Hampton
Murder Trial.

co,fNoywEALTHs ATTORNEY MONTAGUE CON-
cLUDEs AND JOHN 5. WISE OPENS FOR TEE
DEFESsE-ELoQUEST AND ABLE woRDs-AD-
JoURSMENr OF COURT UNTIL THIS MORNING.
Special Correspondence of The Evening Star.
| HAMPTON, Va, September II, 1891.
Beginning with the evidence given in the trial
by Commander Evans, who IVES a witness of the
shooting OF Hannegan. Mr.. Montague in the
Hams trial today reviewed the story of the at
1 fair given by that officer. He laid special
stress upon the fact that Commander Evans
said that the shots were fired while the other
man was in the very act cs rowing and with
both hands upon the oar, which was in the row
lock. He asked whether Mr.. Evans could have
been lying when ne said this, and answered his
own question by quoting FROM Col. Bird, who
said that while he could not see the oar in The
water he did see the man who was shot in the
] attitude Of a man rowing and with the oar in
the row lock The sail was fore and aft. 1t
| was dead calm and the movement Of the boat
given by man scuiling would not be sufficient
To cause the sail TO move two feet either to port
or TO starboard. why did the defendant Pass
! Col Bird on the way to the hotel without stop
ping to tel him of the shooting il he salts
| ned that his act was justifable? Why did he
change the course OF his boat toward the rip
| raps out IN the water! Not to dispose of the
DONV- i 40 not SAY tudb. but II RlVe
him the time to think after the shooting what was
the best course for him to pursue under the
circumstances. Capt Gray corroborates the
story OF the other witnesses in every particular,
save that he did not see the man who was shot
actually engaged Ill rowing sEat canoe Frank
Taylor Evans stated that he first discovered the
boat opposite she first jetty, near where be was
standing. The boat wac scuileC. UP to q point
nearly opposite to where Mr. Evans was seated,
and the hitter recognized the men III the boat.
0 NlF H.yps boot fxtts NJ Na,s
Haunegan and raw the latter fall backward In
the boat. Mr.. Evans said on The stand that ne
saw Thornton HANS step foi ware. with lis
figure outlined against the white sR.. ~ he fired
at HaEnesan az he was rowing E-ery eye
witness 10 the occurrence. w3th the exception
of Lincoln Saith. that ign5ran. man IL 0hcm
neither side could place confidence 5ears out
M Evans III his story. Now, did Commander
Evans perjure himself: Mr. Evans. a thirty
years officer OF high standing IN the navy Did
Col. bird and Young Evans liz when they were
on the stand? III they did not, hen The defend
ant At the bar and lluc0n Smith stand con
vIcted of telling uhtruth The matter Of
relative size of the pien plays no part i'll this
trIai. If enc man i'll that beat deliberately and
willfully shot the other i. makes difference
whether one man was . pIgny and the other a
giant. Yet Mr.. Willard and Mr.. Nlven swore
that HanneSdn was the smaller man. Mr. Niven
and Mr.. Whiting. both OF whom men of
power and strength, made experiments in that
canoe, and with the same that Hannegan
used III rowing the boat on tEat atal day.
Goth men testified on this stand that it was a
physical lmpOssiDIhty for a the center
scat and with the boat as it was that day to
strike with that u man standing on the stern
locker. Gentlemen of the jury. many of you
know Lin Whiting to De u man Of athletic skill
and familiar with boats. Do you believe that a
man as small as HaRneSan could use that oar
with more strength and facility? Yet that is
Just what the defense would have you believe"
At this point in Mr.. Mcntague's speech, it
being now after l o'clock, the usual midday
recess was taken until go o'clock.
When the case was called again for the after
noon session the commonwealth attorney re-
| sumed his address to the jury.
THE LAW MURDER.
He began by reading the law Of Virginia
guiding a jury to raise the verdict Of murder
from the second to the first degree. 1--WE
claim said he. that this was murder Of the
first degree: a willful and malicious murder 1t
makes no difference how long before the shoot
ing the defendant made up his mind to commit
the act. The doing of murder with a weapon
previously IN the possession OF the defendant,
without provocation with very slight prov
ocstion. Is prina facie evidence of willfaI and
premeditated murder and throws upon the de-
/ PENDANT the burden of proving that it
murder in the second degree, manslaughter or
unsuitable homicide. The time Thornton Hams
used III stopping down to pick up his coat and
tiraw his pistol was sufficient time for him to
make up his mind to do the killing. This should
remove the only difficulty that L appreheud
Will lie in your path when you return to the
jary room to decide upon your verdict. The
drawing and discharSing Of deadly weapon is
1 priIna fGcle evidence that the person commit
Ting the act intended the results of his act, The
| act OF killing presupposes malice.
DISCUSSING THE EVIDENCE.
II say from the evidence in this case you
must conv;c: unless you believe all the testi-
mony of Commander Evans. Col. Bird and
| Frank Evans to have been utterly false. Col.
Hams knew nothing of the shooting. Mrs.
| Hams knew nothing of the case, and felt. as
| you did. gentlemen OF the jury, feeling of the
| deepest sadness as she was called upon TO give
! he: testimony. We of the commonwealth had
no desire to question her testimony nor suggest
that she said anything but the simplest OF
| truths. But she knew nothing of the truth.
The only witnesses of the occurrence the
! defense presented were man who has given
| three different stories OF the shooting three
different occasions when under oath ana the
/ prisoner at the bar himself. Gen tiemen it lis q
I difficult matter for man, no matter how hon
! est he may be, to tell the exact truth when he
is trial for his life. He is likely to color his
/ story III his own favor.
Gentlemen. the fact that Hains leaned over
! and drew his weapon Is proof that he knew
| full well the purpose for which he wanted il.
1t j. too plain that the statements Of the pris-
oner at the bar and Lincoln smith as to what
was done with the oar in that boat are utterly
| false
Il am about through. leave the residue
| with you, and only ask that YOU bring in a
verdict III accordance with the law and the evil
| dence. There is one other witness to the shoot
ing would like to have called, but he has
been ushered across the river into the presence
of his God by the hand of the prisoner at the
ha:. I believe that were he here he would
/ bear out the testimony Of Mr. Evans and tine
| other witnesses to the occurrence. Gentlemen,
| l leave the case IN your hands"