The times. [volume] (Richmond, Va.) 1890-1903, 1897-07-16
DIR. TAYLOR and FROG TEST.
The State Chemist Severely Criticised
in a Murder Trial.
ANALYSIS IN LESTER POISON CASE.
rns CounseI for the Defence Blames the
Learned Scientist for Not Injecting the
Matter Taken From the victims
Stomach Into frog-Arguments'


of w. 4. Davis by poison. after a few
witnesses were examined. The prisoner
| had only two witnesses examined, Dud
| Prilliman who swore that there were
cracks in the stables into which Lester
| carried Willie Davis the evening that he
was said to have been poisoned, and Mr.
". L. Lawren who stated that he was
J said to have been poisoned, and MI W.
T. Lawrence. who stated that Lester told
him before the boy was buried that he
| intended TO have his body examined II he
| had TO pay for it.
But the coroner in rebuttal said tnat
! Lester made no such statement 10 hlln
| The instructions given were practically
the same of those Of the former trial and
are considered favorable TO the prisoner
Shortly after IL o'clock Mr.. William NJ
| Peyton Began the opening argument ior
| the State, concluding about l2:5o.
Mr.. Peyton spoke with vim ana forces
and made many telling points against
| the prisoner. He opened by contrasting
the respective conditions in life Of the
| prisoner and his alleged victim, and ap-
| pealed TO the jury for the protection or
| the homes Of the humble and poor. lie
rehearsed the circumstances Connected
| with the taking out of the insurance pol
| icles on young Davis life and their as
signment TO Lester. and argued that tney
unrolded a deep laid scheme on the pait
| of the accused to secure the insurance
for a foul purpose The dying moments
! or the dead boy and his sunerings were
pictured with dramatic effect.
| He argued that the sending or the de-
| ceased TO Martnsville on cold winter
| dav with no apparent business except
the purchase of strychnne, was a strong
| circumstance OF guilt. 1t was IN the
| stable lot he said just before Davis start
| ed home from the mill that the hrst dose
| was given. There was no other opportu-
nifty TO give the drink, and the evidence
| was clear that drink had been gwen
| there must be some explanation OF how
the strychnine got into the stomach or
the deceased, the only reasonable expla-
nation IS that Lester gave II. lie had Inc
motive. the means and the opportunity.
lie then reclted the evidence tead'nS 10
| show the desire of the accused that the
| dead should be buried without post
| mortem, this the speaker urged was con
| elusive Of guilt. Mr.. Peyton closed with
! a strong appeal TO the jury not to let
| the perpetrator OF such heinous crime
be turned loose on the public. HIS
| effort fully sustains his reputation as
4 vigorous HTOStfuAoif HhAi'h NAAAN ''''--+'
| the office of Commonwealth Attorney,
which office he formerly held.
Mr.. Peyton was followed by Peter n.
Dillard. of Rocky Mount counsel for
| Lester. who made an effective and logical
I argument to show that the evidence was
| entirely insufficient TO convict the accused
Of the crime.
The circumstances might be suspicious
but suspicion was not proof The COM
/ monwealth had failed TO show any poison
was ever in the possession or the prisoner
or that he had anything whatever to DO
| with its purchase. He contended that the
| execution of the accused upon the evi-
dence produced would be judicial muir
| der
Mr. Dillard spoke for an hour and forty
| minutes and was listened 10 by the jury
| with close attention
He was followed By Mr.. ". II. Gravely,
who has been counsel for Mr.. Lester from
the time. OF his arrest. During the de-
livery Of his speech there was large
| audience I'm the courtroom. including
number OF ladies'. who for the first time
lent interest to the trial by their pres
ence.
Mr.. Gravely opened by reminding the
! fury of the tremendous responsibility
resting upon them. Take human life.
The Jurors had said they had no prejudice
for or against the prisoner; that meant
that any rumors they had heard or I'M
| pressiOns formed favorable TO the prison.
er vanished from their minds when they
took their seats 10 try the prisoner lot
| his life ANY intelligent mind giving heed
to evidence here produced what would he
satisfied that II unfolded a scheme on the
part OF Mary A. Davis. the mother OF
| the dead. and her friend, John p. Smith,
10 swear away the life Of the prisoner in
order 10 obtain the insurance money Tor
which she had brought suit in Henry Cir
! cult Court.
Mr.. Gravely was very severe In his criti-
| cism of DR.. w. II. Taylor. State Chemist.
! He said that Taylor's failure 20 make
the physiological test was gross neglect
of duty. and that the county should sue
him 10 recover back the money paid him
for the examination. Why had he not
! Injected some OF the substance into
! froo, 70 see IL a convulsion would follow?
| WHY had he not preserved some OF II
and brought It here and put II down
before the Jury, and the prisoners coun-
sci?
| His excuses are frivolous and unworthy.
The natural presumption is that ne was
either unmindful of his duty or else
| was afraid that the stun that ne iouhu
was not strychnne
Nallet and stelle and eminent authori-
ties attached Importance TO the frog test
vet TAYLOR ignored all neurological au-
thorities, and failed to make that COM
| mon sense test
| His whole analysis was n failure, and
should be disregarded by the jury. Mr.
| Gravely then proceeded TO discuss every
| phase OF the case. making what Is con-
| ceded on all sides to be one OF the ablest
and most eloquent efforts Of his life.
At the conclusion OF his speech he was.
warmly congratulated by his associates
and friends.
Mr.. Wythe NJ. Peyton. assisting the
| Commonwealth, commenced his argu-
ment. and had not finished when the court
| adjourned at Il VI.
A reporter for The Times endeavored TO
see DIR. aTylor last night 10 get state
ment concerning Mr.. Gravely's charge
but the Doctor had not returned to the
city lie will be here this morning. how
ever when he will. no doubt have some
thing to say that will be interesting at
| least.
aTROCIOUs sThEdIMENiOF 4 CHfLD