Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-12-18
THE SCHNEIDER APPEAL.
District Attorney Coles Argument on III
Exceptions Taken.

District Attorney Coles Argument on the
Exceptions Taken.
Before resuming his argument this morning
in the hearing Of the appeal of Howard J.
Schneider District Attorney Cole gave Mr.. Will
lam F. Mattingly an opportunity to dis
claim any purpose to extensively re-
feet upon the Conduct Of Judge Bradley in
hi, trial Of the case: Mr.. Mattingly said he
wished to again assert his belief that the honor
able Judge had ted conscentiously and with the
sole purpose Of impartially trying the defend
ant. He had the greatest respect for and conf
dence in the integrity and impartiality Of his
honor.
District Attorney Cole explained that he felt
that he had already consumed more time and
taxed the patience Of the court to a greater
extent than the necessity of the case required
and he would rapidly pass over the remaining
exceptions taken by the defense. He first re-
ferred to the motive for the crime. and re-
marked that the testimony left no doubt of the
fact that in marrying his wife the defendant had
but one object-the control Of his wife's person.
Every feature Of tie defendants subsequent
conduct toward her confirmed the claim that he
bad tired Of her and wished to be rid Of her,
and that. too, by fair means or foul.
Speaking Of the claim of the defense that the
defendant might have accidentally shot his wife
while protecting himself against the fire Of
testimony of the defendant himself negatived
such a claim, for he had distinctly said that his
wife stood behind him during the firing Re-
ferring to the threats alleged by the defense
to have been made by Frank Hamlink against
the defendant, Mr.. Cole claimed that il the
deceased was accidentally shot the matter Of
threa. was a wholly iInmaterial one.
In reference to the exceptions taken rela-
tive to the cross denomination of the defendant
the district attorney said that it WAS a well-es-
tablished fact that when defendant takes the
stand IN his own defense he put himself in
the position assumed by oil other witnesses,
and questions relating to his character and past
life permissible. Such q witness before
taking the stand must decide to take all the re-
sponsibilities OF such a step.
The district attorney passed briefly over the
exceptions taken rs to the prayers and during
the charge Of the court. He felt
that they did not call for any
extended discussion on his part
and was assured that the court would examine
them with all the care and give them all the
consideration they might call for.
The charge Of tho court below, said Mr.
Cole, had not been SO much criticised for mis-
statements of law as 1t had for the reason, as
alleged by counsel for the defense, that the
court had transcribed its powers and had
taken to itself the province Of the
jury. But he would say that in all his expert
ence in criminal cases he had never read a
farer or more impartial charge. The court had
a right to express his own opinion, but the
judge below had time and time again in his
charge told the jury that he did not wish or
undertake to decide any question Of fact. On
the contrary, he had repeatedly in his charge
impressed upon the jury the fact that they
and they alone were to decide matters of fact.
His honor had told them that juries often pro-
noted the miscarriage Of justice by inattention
TO their sworn duties, and in that
he had the authority Of the Supreme Cour. Of
the land. By the same authority the trial court
had the right to call the attention Of the jury
to parts Of the evidence in order to assist them
in arriving at verdict.
District Attorney Cole concluded his argu-
meut at 1890 and the court adjourned until
Monday morning.
Mr.. Jere NJ. Wilson. for the convicted man,
will conclude the arguments in the
case. He hopes to be able to finish Monday
afternoon, although he hardly expects to. A
decision by the court is not expected before
the first decision day in January
and the general impression of those who have
heard the arguments 10 that so far the defense
has hardly shown sufficient reasons for q re-
vsrsal OF the judgment Of the court below.