The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1897-12-22
Talks Fluently to Court and Jury While
Testlfying In His Own Behalf.
SAYS RATE SAUNDERS HAD NO GOD
IsEs story ContrntIicts The Tc.timony
Of Government witnesses In aI~
most Every Important Particular
-Evidcncc closed aud the Case
Ready for Argument.

'
sen. on trial for the murder Of Maize
Saunders. of the schooner Olive Peek
or. when the accused man, driven des-
pcrately into a corner by District All
torncy White. declared that William
Wallace Saunders, the dead male, did
not ask him. for Gods sake not 10
shoe; him, FOR Saunders had no God.
els he wnuldn'; have been the cause of
Andersen's being where he was.
But Andersen was dramatic through
out the three hours he was on the
stand. Most Of the time he was talk
ing he was standing. ana during the
direct examination he held in his hands;
the large marllnc spike that had been
introduced as evidence. He spoke cx-
citcdly, cmpha.icaiiy. anl for most part,
distinctly. addressing judge, jury and
District Attorney in turn.
The Norfolk bar vas well represented,
ana among the interested spectators
were the Rev. NJ. H. Wharton, ID. d., of
Precursor Street Baptist church. and
the Rev. T.. Il. Hatcher, of the First
Baptist church
When the court adjourned, lust nj The
close of day. The last witness had given
his Testimony. ana the case. with the
exception of submitting prayers for in
StructionS. WAS ready for argument.
This morning the able counsel repre-
senting the Government ana the pris-
cncr. will present their Views to the
jury. From the unusual character of
the crime and the recognized ability of
counsel, it is expected thai; the speeches
will he or Il high order.
William IIorsburgh tho witness who
was on the stand when the court adj
joNrncd Monday. briefly rchearscd on
cross examination. the circumstances:
of the alteration between Anderson and
the captain. After relating the fact of
throwing the bodies overheard, not hay
ing witnessed the killing. he said that.
among the men il was understood that
he was acting second mate hut that
Andersen assumed charge of The ves-
sci and announced positively that he
was In command.
Barrial, being recalled. said he did
hol near the mate use abusive or threat
cning language toward Andersen
liarstaa was recalled. He said tho;
the mates language: eco to HI. Won
VIII he killed anyhow" to which he
testified on his first examination, was
not heard by him, but was learned
from AnderScns statement while they
We're III the boat. lie said Andersen and
saunders were ten or twelve feet apart
when the fatal shots were fired.
Captain Hall was recalled to prove
mat a man at the whcclhOugc could
see q MARINE spike suspended from an
others neck ut the forccas,lo. He an
swercd ihe question atlimalivcly, but
the Court ruled that ii was a question
for the jury.
Here the District Attorney rest ed
the case for the Government.
Mr, Mcintosh retired with his ellen
tor consultation, and upon his return
10 Hhe court room, made 4 motion IN
the Court TO instruct the jury to bring
In a verdict of not gully. He madn
the point tina. the indictment charged
murder by drowning, whereas all the
evidence showed that Saunders was
SHOT to death and was dead beyond all
question when his body was cast int
the sea. He read the indictment ANA
argued that the word drowned, used
IN the indictment, was the only word
mat indicated the means by which
saunders came to his death, though /,
charged the defendant with shoo:inr
'he mate and innicting mortal wounds;
upon his body
The District Attorney replied tina.
me case was on all fours with tho 81
Clair case, which was upheld by mo
supreme Court Of the United States.
Inc Indictment. he said, was not oprn
10 Vhc construction placed upon it by
counsel Tor the defense: but that 1t OK
Pressiy charged that Hhe death of the
mate resulted from the combined and
CONTINUOUS act of shooting and casting
into the sea. II would be Il .travosty on
justice, he said. to hold that the indict
ment charged murder only by drown
lnE, ana 10 order an acuuittal of the
defendant on the evidence
Mr. Mcintosh replied that the facts;
IN the St Clair case were entirely diff
terent from fine circumstances proved
IN the case on trial. He said that tho
indictment would he admirable if the
tacta proved q case Of drowning.
judge Gon, speaking for the Court.
said that il was for the jury to DO
eide II the various acts proved resulted
III ';hc death Of Saunders. The motion
was Ovcrrulcd.
TILE DEFENDANTS STORY.
John Andersen, the defendant. was
sworn. He said he was ~ years old,
ana Il native Of Sweden lie came 10
America when boy and began his sea
far!ng career at the age Of -. He first
summed as boy, next as a seaman,
ana later. as a cook, having served in
The latter capac,y on various vessels
Tor ten years.
Anderson was asked 10 relate the cir
cuinStancrs u the voyage from the
day The. schooner sailed from Boston.
on me 2otn Of June. until The dcscrtion
OF the vessel on the 9Th Of August AZ
ted q spirited argument the question
was ruled ont He was then asked to
relate all the events II the dav OF tho
tragedy He told about ithc deg Incl
dent and said that the captain went 10
me galley where he was al work and
abused and matrGatcd him. a few
minutes later he imnlorcd the mate
WIN tears IN his eyes TO protect Him
nut the mate replied with an oath. tell
ing him he would be killed. soon af,
terward he went into the cabin. and
seeing pistol on a shelf. took ii with