Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-04-06
REPRovED By THE COURT.


The court-That is hardly proper, Mr..
Hoehling. The defendant made no such declara-
ton.
Mr.. Hoehling replied that he had no desire
to do anything improper and rapidly sketched
the testimony relating to the marriage of the
defendant. his life at the Hamlink residence
and his expulsion from their house. He ridi-
culed the idea that any sane man would in one
moment assure the woman he desired to marry
that he would soon be free to do so and the
next take the path which led to the gallows.
The rest of Mr.. Hoehling's address was de-
voted to a contrasting of the testimony offered
by the government with that offered by the
defense. He particularly emphasized the fact
that the deceased did not in her dying
declaration deny that her brother had
pistol He also emphasized the
fact that the government pointedly
omitted to ask Miss Jennie Hamlink
this question: 'Did your brother have pistol
at the time of the shooting?" He claimed that
the testimony showed beyond all question that
the defendant did not run down 18th street,
but that he ran through the alley in which the
pistol was found Mr.. Hoehling dwelt at great
length upon the fact that before the defendant
was locked up in the cell on the night of the
shooting everything was taken from him ex-
cept S6.25 and letter, claiming that the holes
in defendants clothes could not, therefore,
have been made by him in the cell.
Without concluding his remarks Mr.. Hoeh-
ling gave way at $3.50 for an adjournment until
today.
Today's Proceedings.
A throng as great as that Of yesterday
crowded the court room this morning when
the trial of Howard ]. Schneider was begun,
but with few exceptions those who composed it
were the same as on former days. The de-
PENDANT appeared to be in unusually good
spirits and paid the closest attention to Mr..
tllah lrvrf DE- -
opened he swore to another affidavit which
Judge Wilson later submitted.
On the opening of the court and before the
jury entered Judge Wilson submitted a motion.
which he handed first to the district attorney
and then to the court, and asked that its con-
tents be kept from the newspapers. The court
after promptly overriding the motion, said that
1t was part OF the record of public trial and
that be had no means, If he desired, TO with
hold ii from the newspapers.
ANOTHER MOTION AS TO ANOTHER JUROR
The motion submitted by Judge Wilson was
in the same form as the one submitted by him
yesterday in reference to Juror Lewis. The
one submitted this morning referred to Juror
VIM. Z. Hayes who resides at Giesboro Point
The motion was based on the affidavit of one
Geo. w. Lanham, residing at Giesboro Point,
and asked that the trial of the be arrested
and the jury be discharged for the reason
that, according to the affidavit of said
Lanham, Juror Hayes said in q CONVEX
sasion with said Lanham on Sunday after the
shooting, some time in February, that the de-
PENDANT WAS a of q =" and that ''he
ought to be hung; that he ought to be hung
anyhow" Juror Hayes stated when ex-
amined on his voir dire as to his qualification
TO serve as juror that although he had read
and talked of the shooting he had neither
formed nor expressed an opinion as to the
guilt or innocence of the defendantl
Mr. HoEHLINa RESUMES HIS ARGUMENT.
Mr.. Hoehling resumed his address by i'm
pressing upon the minds Of the jury that the
defendant could not have held bis wife BY the