Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-12-23
TRIAL OF ANDERSEN.
EVIDENCE ALL IN AND THE ARGU-
MEST COMPLETED.
CASE NOW WITH THE JURY.
II Is Expected That Verdict VIII
lie "GufIty, as Charged In the In
Observation-Disclosures Dramatic 10
the last.
the Last.

NORFOLK, VA, December 22.-The
third day Of the trial Of John Andersen,
in the Federal Court, upon the charge Of
numbering William Wallace Saunders,
mate Of the schooner Olive Pecker. sees
the evidence all in and the argument
completed. The case went to the jury at
half-past o'clock, and court then adj
iourned until 10 o'clock tomorrow.
The general impression is that YER
dict will be reached in a comparatively
short time. and that that verdict will be
guilty, as charged in the indictment,
though whether the jury will avail itself
OF the privilege Of afiixing the without
capital punishment" clause cannot be
predicted.
OF course there is a possibility Of ac-
quittal. but this is considered extremely
remote. Under the ruling Of the court.
the jury must either find Andersen
guilty. as charged in the indictment, or
not guilty. There can be no verdict Of
Manslaughter.
The prisoner was dramatic to the last
and just before the District-Attorney con-
Guided his closing argument, and while
be was telling the jury that if Andersen
had been innocent he would have adopt
a another course, the accused man
sprang to his feet, saying, Il am limo
cent. Mr.. White" and had TO be forcibly
pulled back into his chair by the court
bailif.
The morning was consumed in the hear
ing Of argument on instructions, the Dis
trict-Attorney contending that there was
no evidence whatever to justify the plea
OF self-defence and that therefore. the
element OF manslaughter must be elimi-
mated from the case; the defence claim
ing that the court in it's charge should
instruct the jury 10 consider the hypo-
thesis Of manslaughter, as well as that
OF murder.
Judge Gon charged the jury at some
length and with great fairness. instruct
ing them that if they should find the
prisoner guilty, nothing had been intro
duced 10 lessen the grade of the crime
and the verdict must be guilty. as
charged i'm the indictment. If the jury
should discover any rational hypothesis
whereby they could, with the evidence
before them, find any excuse for the
crime the verdict must be acquittal
THE ARGUMENT.
Argument was begun at o'clock, Dis
trict-Attorney White speaking for an
hour and a half in opening In his argu
neut he emphasized the claim that th'
government had proven its case by th'
testimony of the prisoner himself H'
ridiculed the idea Of the crime having
been committed in self-defence, sayins
that burglar might as well make th'
same claim should he be shot by MAJ
who was trying TO obstruct his entrance
10 a house.
Alr. Mcintosh. for the defence. spoke
only three-quarters Of an hour. lie com
mented upon the failure Of the govern
ment TO prove a motive for the murder
saying the only motive there could nave
been was self-dcfence.
The governments witnesses, he said, II
trying TO clear the blame from them
selves, had made "A scape-goat OF IN
cook. He argued that when Andersen
went forward. after killing the captain
10 was not with the intention OF kiIini
the mate. but that. seeing the mate ap
preaching him with a deadly weapon II
his hand and about 10 make an assault
the only recourse open 10 the defendan
was 10 take the mates life to save nj
own. He laid great stress upon I'M
mates reply 10 Andersen when asked 70
protection, that he would be killed any
now ana iNtUiltu 10 IL lllAt anu ASA
as language calculated 10 put the pr
soner in fear that the mate intended 4
XII him or do him bodily harm. III
spoke forty minutes.
District-Attorney White. In his CLOSING
argument. dissected the theory OF the de
fence and arraigned the prisoner Wit
scathing inyectiye. In one OF his fiight
Of oratory he asked the jury IT, in IN
face Of evidence, they could believe IN
prisoner an innocent man. Andersen ros
and excltedly exclaimed: Il am an inno
cent man. Mr. White" The crime o
Andersen, Mr. White said. was withou
an extenuating circumstance. The dc
PENDANT had taken life without mercy
and r he should be judged without n
mercy the jury would be executing
Divine law.
II was half-past O'Clock when Mr
White closed his argument, ana the cas-
was given TO the jury.
The vorih Atlantic SQUADRON.