Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-04-07

DISCUSSING TIE POSSIBILITIES.
ment was that but one pistol was used, and
that one was used by the defendant. he
claimed that after hearing the testimony relat-
ing to the pistol reports submitted on both
sides no man living could but have a doubt %
to whether those reports we're made by one OF
two pistols. II such doubt existed then the
defendant could not be convicted Of murder
ing his wife.
ORDERED FROM THE CoUBr ROOM.
As Judge Wilson paused for q moment one Of
the jurymen. in moving his feet. exploded q
psrlor match on the floor. Two or three
sharp reports followed. Turning quickly to-
ward the jury. Judge Wilson exclaimed,
dramatically: There! Could any one have
counted those reports?''
Sitting near the jury box was Philip b.
Walker, one of the witnesses for the defense.
Judge Wilson's remark drew forth an almost
inaudible laugh from Mr.. Walker. This did
not escape his honor, and turning to a bailiff
he said, pointing at Mr.. Walker: Take that
man out Of court"
81 beg YOUR honor's pardon" said Walker,
rising. 1T is my FIRST offense."
You will have to leave this court room
nevertheless" replied his honor, severely.
THE WITNESSES FOR THE DEFENSE.
Mr.. Walker was then escorted out Of the
room by a bailif, and Judge Wilson resumed
his address. He spoke of the attacks made by
the government on the witnesses for the de-
Tense as being the only hope of the prosecution
In breaking their testimony. Young Appleby's
intimacy with the defendant was no reason why
he should not be believed and he claimed that
if Appleby had been as bad as the government
had painted him he would have sworn that he
saw Frank Hamlink fire the first shot. But be
had sworn that he did not know who first
fred. Judge Wilson devoted the rest of his
remarks to a defense OF his witnesses giving
way at 500 for an adjournment until today.
Today's Proceedings.
An even larger crowd vas in attendance this
morning when the trial Of Howard J. Schneider
was begun than on yesterday, and 1t is doubt
full if larger audience ever was seen in the
court room. Men and women struggled to get
into the room and used all manner Of persua-
sion upon the court officers to do SO, but not
half of those who so endeavored were admitted
for the good and sufficient reason that no more
could be accommodated.
Judge Wilson resumed his argument by i'm
pressing upon the jury that there was more
than one pistol used. Yesterday, he said, he
had endeavored to convince them of that by
referring to the testimony on the number of
shots heard. This morning he would endeavor
to so convince them by referring to the finding
of the pistol by Frank HamIinks body BY Mr.
Manning. Mr.. Manning had sworn that he
picked the pistol up v Frank Hamlink's hand.
The government had ate mi ted to show that Mr.
Manning had made different statements as to
where he found the pistol. but the material
fact that Manning had found the pistol had
not been contradicted. There could be no
doubt that Mr.. Manning found the pistol there
and handed it to Officer Morgan. II he did not,
then the jury must believe that Manning had
entered into conspiracy to do murder.
MASSISG's TESTIMONY As TO THE PISTOL.
But he felt confident that no man on the jury
would believe that. or that Manning after the
shooting went of and got pistol exactly like
Frank Hamlink's. Mr.. Manning had been
called to the district attorneys office and
examined for over two hours. That inter-
view. Mr.. Manning had declared, he would
never forget. Why that interview, if
it was not the purpose of the district
attorney to break down his statement? Mr.
Nanning's testimony, Judge Wilson claimed,
had been corroborated by Mr.. Borden and by
Miss Maud Schneider, and yet the government
had done everything to have you disbelieve
them Col. Hamlink had said that Maud
Schneider and her mother had not gone to the
body, yet Col Hsmlink had contrat.icted his