Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-12-16

District Attorney Cole Analyzes the Evidence
to show the Verdict Was Justified.

II. IN. II.
tingiy, in concluding his argument yesterday
afternoon before the court in General Term
on behalf of Howard J. Schneider, the
convicted wife murderer. which impressed
him as unwarranted AMI cruel. sad that was
the refusal e thu caurs 10 allow the
witness Appleby 3" exyssia what he meant
when he said his, be did not go
scross the street with schroeder the night Of
the homicide because he fes-ed there would be
trouble. Yet" said Mr. As.ingly, '.in his
argument TO the jury. In delivering his charge,
the court had asked, What knovledse of the
defendants purpose is Indicated by Appleby's
fear that there going to be trouble2'"
such language on the part OF the court, re-
marked Mr. Mattinglv. was intimation 10
the Jury that the court believed the defendant
70 be guilty.
District Attorney Cole followed for the gov
eminent. He said that il there ever was q case
where every effort had been made to override
the ends % justice. such was the case the
court wa- now hearing.
The verdict reached by the jury was one fully
justified by the facts In the case, and he was
confident that when the court fully understood
these facts and became acquainted with all the
incidents In the case, the innumerable objec-
tions aud exceptions of the defense, the court
would not only become firmly convinced Of the
business of the verdict but would also wonder
thst the court below was enabled to preside In
the impartial manner it did.
The district attorney then entered into an
elaborate examination Of the evidence in the
case, continuing until the court adjourned.
TIE NUMBER OF SHOTS FIRED.
District Attorney Cole resumed his argument
this morning and continued his examination of
the testimony. He said the defense might re-
feet "a much a. they pleased upon what they
Tar fbfsf szF al tt,A. k,x
all they might say could never remove that
mass Of evidence which pointed the defendant
out M the man rightly convicted OF the horri-
bic crime charged against him. Referring
TO the claim Of the defense that more
than ave shots were fred, the district attornsv
said that defense was an after b lught, . msnu.
featured defense, and pointed Qua that whie
Dr. Thompson Was examining tho body Of
Frank Hamfnk and the wounds Upon the muir
dered wife search was made for q fifth bullet
and no more. No one the night OF the shoot
ing pretended that moro than five shots were
hred. The defense admitted that
the defendant emp.ied the five barrels
OF his revolver, and the govern
m-nt had accounted for every one Of the Ave
bullets Had more than five shots been fred
they could have been easily accounted for by
tL' defeus".
Sisak.ng Of a flight Of the defendant Mr.
Cole said that the defendant admitted that he
saw Frank HamiinA fall dead in tine street and
heard his wife cry out that she had been shot
Bat instead Of returning to render the poor
should have rendered he turned. his back upon
hos and fed Would an innocent man have
done that asked Mr. Cole.
PKAEK hAMLISK's PISTOL
Referring to the claim OF the defense that
Frank hamlinks pistol was found lying almost
In the grs-p Of the dead man, Mr.. Cole said
That the defendant himself prompted that de-
Tense when 4. said. while in his cell. go back
there and you will find revolver in Frank
HaIniink's hand That was the beginning Of
thet story. and Manning, a man closely con-
nected with Prank Schneider in business, i'm
n.edistelv started going about the city telling
ever sJce that he was the first one to reach the
boy 81 the dead boy and that he took the re-
re o. .er frvu h. hteless hand. Yet, although
Aar":- = lad eu'lsi;0Ted to create an impress
sion u,-yn The minds Of The jury that he did
t-<s q" receiver out.o iA2 dead boys hand
he denied :, Nhsn pressed rlon cross-examina-
tiaI. b. whose, called b. the government,
SAT- IT, dIstT.C- G;'rrnsr. hal shown that
NsIriIg bad It'd ths.2 that L. did take the
- ii iron ycnug II. Ink : hard. Manning
he saIl. had bs Q. PREDICTED on a;rnsst eyery
MAJ, ~ p0..' ~ b. e. i:.ence had besn shown
"a L. = wOr' - Of belief. Ffsuk Schnsider
L-a ~ Or dit tls Z, -endaat wh:z:,e-.d to him
H. tie ell Hb-te to find tne d-ieu dsnts re-
'C'yti. ": the o-."ers present swo-s thn. 10
n. vhi-Tercd conversation took place.
The claim of the defendant that q bullet from
Frank Ham,inks pistol had pierced his cloth
ing was characterized by Mr.. Cole as too alb
sUrd 10 be believed. The court below had been
severely criticised for saying that upon that
the defense should stand fall. His honor
had rightly said it. for if the alleged holes were
not bullet holes then the defendant had been
showed to have lied. and he was not entitled to
be believed in anything he had sworn TO.
Frank Hamlink well knew how TO use pistol.
and It was beyond human reason to suppose
that had he had pistol and had used il that
be would have sent the bullets from 1t into the
body OF his beloved sister instead of into the
body OF hi- slayer.
THE DEFENDANTS CONDUCT.
The conduct Of the defendant Us the husband
Of the murdered girl was brought to the atten-
tion of the court, and as the district attorney
pictured the perfidy of the defendant with
more than his usual force and eloquence the
closest attention OF the court and the crowded
court ro)-, Wa lis. Concluding his examina-
:vn Cf :bo evidence. NJ. Cole said that he,
too. was glad that impartial court
Wa tu hear the defendants appeal.
aHi Notwithstanding the mass of damaging
eyI4rrce submit :ed against the defendant and
Il" st v-T,!i,t OF the Jury he would saw that
u any serious error had been made during the
tr'sl below. either by the court or BY the pros-
eeHting ofnccr. then the convicted man should
have a new trial.
The district attorney then took up the mat
ter % the e,cti .Ions taken by the defense. As
20 that OF vei'h referred to The refusal Of the
co.:t to grant Ia. defendant a continuance he
said that Was a matter within the discretion of
the trial court and was not renewable. Then,
too. 10 good aud sufficient: reasons were given
b. the defense. There might have been some
feeling. that was natural, but there did not
ertsi IN the public mind such prejudice as to
preclude fair trial.
sHE ENCEPrIoNs TARES.
'Imuertinc upon the exceptions of the defense
10 th~ selection Of the jury, the district attor-
nsy said that E- did not know ths, i, was neces-
ssfy f. h.u, o. ray nything at all. TIE court
Sa- faulilin~ win the authorities aud would
&c, ace rii.Fiy. lie thought that the decision
of the United States supreme Court
On the Hop; Case Lad declared tina,
While the defendRut had perfect
right o. uss a certain number of peremrtory
chail'rgas, he had not the right TO SO use them
n 20 seiec; ;he jury. Where the defendant had
The Opportunity To remove Juror and failed
u do - thcI % Was prevented from com plain
Ing. In O;hvr vOrds. peTemptory challenges,
u seemed To him. were not for
the purpose Of enabling the defend
ant % remove jurors against whom he raised
DO objection. The United States Supreme
C1-rt had decided that the formation Of an
opinion did not qualify a juror. provided he
swure that. notwithstanding that opinion he
could rcuder fair and impartial verdict
tai. l..