The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1897-12-23

| murder, and also find that he shall be
punished by Imprisonment at hard la
Dor for life. your verdict In form may
| be: -
we. the jury. find the defendant,
John Andersen. alias John Anderson,
guilty OF murder. as charged On the in-
dictment. without capital punishment
And, IL you shall find him not guilty,
your verdict in form may be:
We. the jury. find dhe defendant,
John Andersen, alias John Anderson,
not guilty."
After delivering his instructions TO
the jury. Judge Golf announced q re-
cess. AT o'clock the court reassem-
pied. District Attorney White began at
once to argue the case to the jury.
TIE ARGUMENT.
In his opening remarks, Mr.. White
uweit at some length upon the import
ant part the jury plays In the admins
iratFon of justice in this country. He
spoke of the fair trial that has been
given to the prisoner, saying that overv
opportunity had been afforded to An
usiseli 10 establish his innocence If ne
were not guilty. Outlining and review
ing the evidence. Mr.. White said that
the jury was not left to infer the guilt
ol 'he accused from circumstantial ev-
iuchce: there was no circumstantial oy-
iuehce They were not left to ascertain
the guilt of the prisoner from tho les
tinlohy oil the Government witnesses.
lhey had the testimony OF the defend
III, ,r,it himselt, admitting the homicide
Inc defendant admits every essential
tact mat Is necessary to establish his
guilt. -t''
CSminE to the point where the mates
nody was consigned to the sea, Mr..
white said that. OF all the cases of
when he had read, or all that he had
ever heard tried, he had no knowledge
Oh 4 slayer cursing tho corpse of his
Ticlim' Advertlns to the theory Of self
defense, Mr.. White said, as well might
the burglar who enters ones chamber
m midnight. plead sclf-derense should
ne XIII the occupant OF the room who
Jumped out of bed to repcI the intru-
sion. He considered It one of the most
remarkable cases in criminal trials that
the prisoner, after having taken two
lives, should have been so far unsatis-
ned with his deed as to be bent upon the
destruction OF SO much valuable prom.
crty as was involved in the schooner
and her cargo
Mt. White argued that. in view OF
Nhderscn's interest in tcstifying in his
own behalf. the jury should consider
now much weight should be given TO his
testimony, and that in view of his adj
mission OF having made false state
mehts In regard to the facts in the
case, the jury was at liberty to dis
credit the whole 'of his testimony: but
even should they accept it as true in
every essential particular, they could
not escape tho clear conviction that the
prisoner was guilty OF murder.
MI. Mcintosh opened his remarks to
INC Jury by speaking of the sense of
responsibility he felt as counsel as
signed by the court Ito defend the pris-
oher charged with n capital crime; but,
nc declared, he had tho great advantage
over the district attorney in having n
Just cause. He boldly announced his
belief that the prisoner was not guilty
as charged in the Indictment.
MI Mcintosh argued that all the sea-
men OF the schooner Olive PcclIcr had
an interest in swearing 50 as to make
Il scnpegoat of Andersen. All were un-
der arrest at Bahia and were sent homo
as prisoners. and three of them were
indicted In this court. 1t was to their
interest to put the guilt on Andersen,
as MS conviction would cXculpatc them
lie argued that when Andersen went
forward after killing the captain. IL
was not with the Intention OF killing Tho
mate; but that, seeing the mate ar
preaching him with a deadly weapon i'm
ms nand. about to make IN assault.
the only recourse opcn to the defendant
was to take the mates life to save his
own. lie laid great stress upon tho
mates reply TO Andersen when asked
FOR protection. that he would be killed
an-how. and REQUIRED to it time and
again, ms language calculated to nut
me prisoner in fear that the mate in
tended to kill him or do him bodily
harm. He spoke forty minutes.
District Attorney White in his clos
ing argument, dissected tho theory or
the defense. He arraigned the prisoncr
with scathing invective In one of
ms lights OF oratory. when he asked
the jury If, In the face of the evidence
bhey could believe the prisoner an in
hocent man. Anderson arose and ey
ctledly exclaimed, II am an innocent
man. Mr.. White"
Inc crime Of Andersen, Mr. White
SAID. was without an extcnua:inc cir
cumstance The defendant had taken
! ne without mercy; and If he should he
Judged without the mercy, the Jury
would be executing n divine law.
II was half past 5 o'clock when Mr.
white closed his argument.
Ihe jury. having selected Mr. r T.
i',sson. foreman, returned in fifteen
minutes with the announcement that
the time was too brief for n proper
consideration OF the case, and the court
was ADJOURNED until tomorrow.
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