Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-12-23
THE END NOT YETI
CONTINUED FROM FIRST PAGE)

CONTINUED FROM FIRST PAGE.)
lICarter 70 look out for Moore's approach,
and the only denial of this had been made
| by the prisoner. who had vigorously hurl-
ed the lie at every witness who gave In
any material testimony against him.
SHOULD NOT BELIEVE THEM.
Discussing the testimony given in by
the prisoner and his daughter, Mr.. Sands
told the jury with great earnestness that
II they believed what had been testified
to by tbs father and daughter, they must
| acquit Carter, but" continued he, you
must convict him. II you don't believe
them" The testimony Of the young lady
was then Inspected by Mr.. Sands. who,
after commencing Miss Carter for her
loyalty to and self-sacriice for her IA
Their, assorted that she had overstepped
her duty. He referred TO her self-con-
fessed GOODNESS as she saw the shots fred
by her father at Moore. and OF how she
turned quietly and said, Mamma, / be-
lieve papa has shot Mr.. Moore" This,
Mr.. Sands said, was unnatural, for the
girl further testified that she saw Moore
throw his hand behind him, as though to
draw a pistol, and prepare TO spring out
of his buggy on her father, and all of
this was before her father drew his PTS
tol, and yet the girl, seeing all this. did
not make any exclamation to her mother.
though she must have feared that her
father would be kllled-that is, provided
her statement was true. .
CARRIERS STORY DECLARED I'M
TRUE.
Passing on to the statement OF Carter
that he feared that he himself would be
killed by Moore, Mr.. Sands made a yigor-
Gus attack upon the probability Of his
statements, and denounced his testimony
along the line OF self-defence as untrue.
As a most striking physical fact against
the accused, Mr.. Sands displayed the coat
which was worn by the decedent when
killed. and pointing out the holes In the
garment, let them bear mute testimony
TO the fact that the shots were fired from
behind. The testimony OF Carter that
he had fired the third empty shell at a
calf before the homicide, Mr.. Sands char
acterized as a "cock and bull story"
CONCERNING the conflict between Carter
on the one side and Childrey n Russell
on the other, Mr.. Sands asked: Gentle
men, which will you believe, this prisoner
who stands charged with this serious
crime, or Charley Childrey and Lew Fus-
sell. whom you nave known all your lives?
Carter says he only fired two shots, and
denies having old these two gentlemen
that he fired more, and yet they testify
that he told them hat three shots were
fred by him.
Mr.. Sands referred at some length TO the
character Of the witnesses who had tes-
tilted against Moore's character, and then
taking the instructions seriatim. argued
and explained them fully, explaining that
I'm order to reduce the offence from first
degree murder, the burden Of proof was
on the defence. lie also explained h a
living IN wait did not necessarily imply
that Carter was concealed from Noore's
sight.
In Analysing the instructions asked for
by the defence and given. Mr.. Sands
said that ever though the jury believed
the evidence given by Carter and his
daughter, they must bring in a verdict
Of murder in tho second degree. Avarice'
he asserted, in conclusion. was '-e cause
of the crime, and he made a strong APP
peal for justice, which, he asserted. could
only be satisfied by the conviction OF
Garter for a crime which had deprived
a family Of a bread-winner and the State
Of a peaceable citizen.
ARGUMENT OF MIR WENDENBURG.
Mr.. Wendenburg aroseswhen Mr.. Sands
concluded, and after disclaiming the
movers OF oratory which had been laid TO
him, asserted that he proposed to en-
deavor TO show that his client was not
guilty Of the charge preferred against
him.
eve see" said Mr.. Wendenburg, "the
Nemesis I'm this case IN the shape Of Mr..
Billy Bradley, and there also appears IN
the role of the goddess Of vengeance,
Mrs. Moore, while she has as her fury
Moore's brother. Now, are these two
gentlemen who are assisting In the prose-
cution the agents Of this goddess OF ven
geance or of this Nemesis, or are they
here by the request of the able Common
wealth's Attorney. who thinks he mas
such a weak case that he must seek as
~sistance?'
Leaving his question unanswered, Mr..
Wendenburg called attention 10 MT
Sands's first statement that II the Jury
believed Carriers testimony they must
acauit him. and Of his subsequent as
sertion that on the same grounds they
should adjudge him guilty of second-de-
gree murder. DIr. Wendenburg said all
the evidence in the case had been as
torted by MIR. Sands, and made to appear
against the accused. He then plunged
into the evidence and reviewed 1t In eX-
tense. Taking first the quarrel between
Carter and Moore on Thursday, the al
torney traced the case through 10 me
time of the hOmlclQe. IkeltiIIh6 " lHN
effort made TO prove that Carter had re-
Trained from his usual custom of going 10
town on Saturday, in order TO lie IN wait
for Moore. Mr.. Wendenburg said the evil
dence along this line was manufactured
iust as was that concerning the third
shot in the buggy, though he disclaimed
any belief that counsel for the prosecution
had been a party to the transaction. lie
rather inclined to the belief that the
goddess Of vengeance and her fury
were the responsible ones.
THE GIRL IRRESPONSIBLE.
Mr.. Wendenburg mex took up the tes-
timony OF the Guerrant girl, and endea-
vored TO show that she was irresponsible.
He held up and riddled every conflict In
her testimony, asserting that II 1t was a
matter of dollars and cents involved no
jury in the land would accept this chlld's
testimony in preference TO Carriers.
Now" continued Mr.. Wendenburg, IN
a matter OF life or death, are you going
TO take this child's testimony; let her
swear away this mans life when her re-
collection was so much at fault in the
minor details"
The testimony Of Mr.. w. b. Bradley
was next attacked by Mr.. Wendenburg
and the gentleman was severely arraign-
ed for his apparent p~artisanship." Mr..
Wendenburg called attention to the fact
that the Commemorative Attorney had
asserted that because a witness had tes-
tilted partly in error his entire evidence
was probably In error, and then showed