The times. [volume] (Richmond, Va.) 1890-1903, 1894-11-23
TIE rlmEs-RlcHxoND VA: FRIDAY NOVEMBER % 1894

ndeDce that your verdict VIII NnuiNate
Justice and uphold the majesty OF the
law Sustain he reputation Of the COM
munity, and preserve the "o''' " Jul
courts"
Mr.. HILL CARTER SPEAKS
After Mr.. Dawson had ended. Mr.. Hill
Carter followed. on the part OF the de-
fence. His address. whi iSs,o,ea III ~,
the big crowd with the greatest eager
ness.
Mr. Carter went into complete review
of the case and told Of the searching or
McNamee for AtyelI to have n peaceable
settlement OF what he regarded an Insult
to his wife. He said that the most aD-
solute evidence that McNamee had lnaue
truthful statement was that counsei
for the Commonwealth had not put Mr..
Ferris on the stand. No one knew bet
ter than Mr.. Ferris that McNamee want
ed peaceable adjustment OF that trou-
BILE. Mr.. Carter said that ne did not pro-
pose to call any one a liar, because he
knew that witnesses were liable to be
mistaken. He then took up the state
ment alleged to have been maze 10 the
accused by his wife on tne evening OF
the quarrel between Mr.: Atwell ana Ars.
McNamee. and the difference between
the testimony Of the witnesses upon thls
point This woman went nome WIN ina,
Insult burning in her heart, and told
her husband What reason on earth
could Mrs. McNamee have had for tell
ing lie about such thing unless she
were fiend and desired TO bring ABOUT
the death Of two men. one OF Whom was
her own husband, who had reterred 70
her in evidence as a noble ana loyal wire
Noble and loyal wives did not do such
| things. Noble and devoted wives ala not
| tell such lies.
GAVE TINE TO REFLECT.
Many a man with drop OF honest
blood I'm his veins to say nothing or the
pure Irish blood which flowed in the veins
| Of the defendant. would have gone right
out Of his house with murder In ms
| heart. This, McNamee dld not do' put
| gave Atwell time to reflect: w nat ne
wanted was an apology. lie expected
YES said Mr.. Carter "McNamee
| put a pistol in his pocket. OF course he
that he did this because, II 1t became
necessary for him TO defend his own
| life, he would be prepared to do so.
You have had 1t impressed upon you
| that McNamee went down and had At
well called out, ard, Ike a murderer
| skuking In the dark. shot MIN under
| the shadow of the electric light: Yes. we
| admit McNamee was In the shadow OF
the electric light but IN order to get
| out Of that shadow he had to pass
! through the brightest Of the light. In
circling around that pole, being pressed
| on by Atwell, "A heavier man. the prison
| er was seen, ii appears plainly seen by
| all OF the men from the Shanty.
The counsel. continuing his argument,
spoke of the testimony Of the little son
! Of McNamee. lie said that child did not
even now realize the gravity OF his par
| ent's condition. and had ignorantly Whis-
| pered to his father during that trial
| Papa. when are you coming homeT Here
| the prisoner dropped his face into his
! hands, and showed The hrst signs or
| began. Mr.. Carter said that that child
| would not have gone on the stand and
| have told "A lie about what he had seen
1 M 81. l. hot
| Mr.. Atwel looked at him very Grossly.
| and he had seen his mamma cry when
| Mr.. Atwell quarreled at her.
RErUKsrSG TO THr SHOOTING.
Going back to the shooting. Mr.. Carter
! said that the testimony q McNamee con-
! corning the conversation under the cleo
trio light stood absolutely uncontradicted
| The accused told the jury that he told
| Mr.. Atwell not in anger, not In harsh
words. that the latter had treated him
very bady-called his sister-in-law a
liar on his account abused his boy, gross
/ IL insulted his wife and sent him Me
! Named to see him. Not even the witnesses
! heard any harsh words on the part OF
this accused. Taking up the stick. which
| has figured in the case. Mr.. Carter said
| that the evidence concerning IL was
| plain that the cane was broken by COM
| ing in contact with something hard in
| the hand Of Atwell. Great stress was laid
upon the rapidity OF the firing, the coun-
/
| the bullets that they entered from the
! side. and must have been fired as Atwell
| was turning, as was stated upon oath by
| McNamce.
Mir. Carter took up several Of the in
struCtions and discussed at length the
| proYocation for the demand for an apol-
| ogy. He spoke Of what the law referred
! to as cooling time, and declared that the
| longer lapse before a man can demand
! an apOligy for such an insult To his
! wife the deeper the imputation burns
| into his heart and eXcites his nature.
| The law did not contemplate making a
man sit still and allow his child To be
driven out Of a neighbours yard and his
wife 10 be grossly insulted by this neigh
| Dor.
one OF tn instructions. STIMULATING
| that the accused be found not guilty II
| the jury believed that when MCNamee
] fired the fatal shot he believed that his
| life was in danger, or that he was IN
danger of serious bodily injury. was
| Gwelt upon at length by MIR. Carter who
! said If McNamee fired that pistol when
! he believed that his own life was In
! jeopardy he had right 10 shoot, ana
! was entitled to a verdict of not guilty
at the hands of the jury.
NIX. SMITH CLOSES FOR MSAMEF.
Immediately after the recess for dinner
| Mr.. Smith took up the argument COR the
He began by again explaining to the
| jury why he appeared on that side OF
| the case. Mr.. Smith then eXpounded 10
! the jury that human nature was weak.
! There was never but one perfect man.
! The counsel dcpl@rcd as much as any
| enc, the prisoner at the bar depl)"ed, the
| family OF McNamee deplOred, the fact
| that a kind, afectionate husband and
| father had been taken away IN the prime
| of life.
| Mr. smith said he did not doubt that
! Mr.. AtWell was member OF the Church
! He would not for anything heap cal
jimmy upon the head Of the dead.
! Gentlemen Of the jury said Mr.
! Smith. the council for the prosecution
! haze put upon the stand as Witnesses
| the wife and mcther-in-aw and preacher
| Of the deceased. to prove that Mr.. At
well did not curse. Why did not they
put Mr. Shelton. and Mr.. Nunnally. and
Mr.. Godsey on the stand 10 prove this.
| /, myself, am but a man continued
Mr.. Smith. land | am frail enough to be
guilty sometimes of INDUCING In that
sort of indscreton. yet gentlemen Of
the Jury, / am confident that | could
| bring TO you my wife ana my mother-in-
| law and my preacher ana that they
would testify tfat they had never heard
me curse"
Mr.. smith said that the prisoner would
to-day willingly give up his own life il
| he could restore the life OF Robert Lee
Atwell. If such thing were possible.
! The honesty of his statements and OF
! his conduct was such as to warrant ev-
eryone In the belief that the defence
had been an honest one.
The speaker then read the testimony of
the little boy Of the accused, giving in de-
tail the cues tons and answers Of the
child prior 10 his being placed on the
stand.
"The mother who taught at her knee
those lessons of God 10 her child" said
Mr. smith did not deserve to ave
that vile epithet, alleged to have been