Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-12-23
rother to Lakeside after the preliminary

The attorney was going on TO claim, or,
at least. 20 show by inference. that Moore
had, while out at Lakeside, fired this shot
into the rear OF the buggy. but Mr.. Mon
tague objected. and the Court refused to
let Mr.. Wendenburg proceed further along
that line.
IF, gentlemen Of the jury" continued
Mr.. Wendenburg, they would forge this
part OF the evidence. and II they would
forge that part of tho evidence given by
Billy Bradley, I ask you. gentlemen,
wouldn't they forge It air: wouldn't they
have just as readily forged the testi-
m~ony-ths ridiculous Testimony OF that
little girl. That. gersoemen. is the rea-
son we have laid such stress on that
third shot"
Mr.. Wendenburg, in discussing Miss
Carriers testimony. compared Mr.. Sands's
illusions TO her, 10 the words OF the viii
famous Iago. as he whispered into the
ears OF Othello the vile ISLANDERS against
the pure and innocent Desdemona. The
attorney paid a high tribute to the vir-
tues OF Miss Carter. who, he said. could
not have been made 10 lie, even though
by SO doing she could save her father.
Mr.. Wendenburg traced the evidence on
down through that given by Mr.. RUSSELL,
and, taking up the instructions, elabo-
rated on and emphasized them az con-
siderable length. Mr.. Wendenburg's ar
gument was a strong one, and. was deliv-
cred In an eloquent, forcible manner lie
spoke for more than six hours, and in
conclusion referred to the narrowing
scene enacted at Carriers store on We'd
nesday, finally appealing 10 the jury 10
return the prisoner to the bosom Of his
family for Christmas.
SPEECH OF MR.. SMITH.
The court took a short recess after Mr..
Wendenburg concluded. and Mr.. Smith
began his argument. In the outset he
spoke OF the joyous season approaching,
and expressed his qualification that the
gentlemen Of the Jury would soon be able
to gather around their fresides with
those they loved. He spoke Of the array
OF legal talent by which the Common
wealth was being represented, and after
paying a high tribute to Mr.. Sands, whom
he characterized as q most vigorous and
fearless prosecutor, referred 10 Mr.
Lewis's words that he was the paid rep
resentative Of the Moore family. Mr..
Smith alluded to Mr.. M~ontague's connec-
ton with the case, and said: Gentle
men, he is not here in his public capacity;
not here as the Acknowledgement of Vir-
ginla, but is here in his private capacity
as a lawyer. Through some influence.
know not what, he has been induced TO
appear here.
Gentlemen, there Is a very fine and
very slim line between prosecution and
persecution, and the county Of Hen
rico is fortunate in having as its
representative here the gentleman who
represents, singly and alone, the legal
interests Of this great Commonwealth.
But. gentlemen, you are not to take his
.~ar1n nn 800 IL
they should have no more weight than
those of any other attorney, and l am
sure you will not give them more weight"
SHOT IN SELF-DEFENCE.
After having delivered himself Of these
PREDATORY remarks, Mr.. Smith entered
upon the discussion of the case, and first
laying down the general law that IL there
was any reasonable doubt Of the guilt OF
the accused, he should be given the bene-
fit Of II, the attorney argued that the
homicide was committed in self-defence.
This theory Mr.. Smith argued at con-
siderable length. and elaborated on every
point OF evidence that could have any
bearing thereon. He asserted, as a mat
ter of fact, that the accused could never
have killed Moore in cold blood; such a
crime would ave been foreign 10 his
nature. Concerning the contention that
the deed had been committed simply be-
cause Carter was angered over Moore's
failure to pay him 50 due him, was at
tackled by Mr.. Smith. who said that while
the trouble undoubtedly had its origin
with Moore's failure to pay this debt,
It was Moore who became angered and
not Carter. The latter merely tried again
10 collect the debt. and Moore threatening
his life. he shot to save himself.
Mr.. Smith reviewed the evidence ana
lytically, and asserted that II Carter had
~endeavored 10 lie IN walt for Moore he
would naturally have selected a less fire.
Quented spot on the road than that which
he did select. The testimony Of Ollie
Guerrant was referred 20, and the fact
that her testimony was impeached was
emphasized. Now, isn't ii n monstrous
proposition" said Mr.. Smith. "to have
you convict a man on the unsupported tes-
timony Of a little 10-year-old girl, and
that, too. after that testimony has been
impeached by three equally as reliable
witnessesY"
WHY HE LOST HIS TEMPER.
Mr.. Smith. after a full and free discus
sion of the evidence, argued briefly on
the Instructions, and then held up the
character Of his client, saying he was
not an educated man, but a plain, blunt,
son Of toll. And yet" continued the at
torney, when he went on the stand he
was piled with question after question
until he was betrayed intofan exhibition
Of his temper which the learned counsel
Will now use against him, and If they
cause that exhibition to influence you,
may they sleep well In the realization
that they have taken advantage Of a
poor, helpless man."
Mr.. Smith made a severe attack on
Observation-Disclosures c. w. Chill
drey, who had testified TO a conversation
he had with Carter after the homicide.
The lawyer said: Before 1 would have
betrayed a confidence reposed in me, as
was that claimed by Childrey to have
been reposed In him by Carter. ] would
have gone TO Jail and stayed there a
hfetime.'' Turning TO Mr.. Childrey, who
sat Immediately in his rear, MF. Smith
continued: IF Charley Childrey is proud
of the distinction he has made for him
self, let him wear his honors uneasily.
for no man I'm Henrico envies hin the
position in which he has placed himself"
After dwelling somewhat longer on Mr..
Childrey's attitude, Mr.. Smith gave an
illustration of the homicide, contendlng
that Carter, in shooting TO save his life,
was justified under the law. He then
took up the evidence Of Cyclone"
Samuels, which he treated lightly, and,
telling Of how in past yearSSamuels had
proved q valuable witness fOr the Com
monwealth, expressed the hope that his
failure on the stand in this case would
not operate to his hurt, but that Mr..