Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-11-19
THE EVIDENCE ALL IN,
Jury Now in Possession Of All
Facts in The Carter Case,
TESTIMONY IN REBUTTAL.
Er. FuSSsll Says Prisoner Tcld Him
Three Shots Were Fired.
VISIT SCENE OF THE KILLING
Judge Wickhnm Takes the Jurors
Counsel, and Prisoners Ont to view
the Surroundings-Instr and
Argument This Morning.
VISIT SCENE OF THE KILLING

All the evidence in the Carter murder
case. being tried in the Henrco County
Court. is now before the jury; the in
structions Will be given, and the argument
been this morning. and verdict may be
reached tonight.
The trial. which has been going on for
nearly a week. has attracted widespread
attention, and the evidence has been high
IS sensational. The prosecution has en-
dcavored 10 prove that Carter laid in
wait for his victim. and oing his Distol
in advance, so that it would not be liable
90 misfre. mot the decedent on the road
and shot him from behind without even
swing him a chance TO defend himself
on the other hand, the defence has en-
deavored 10 show that the accused was
in the habit Of carrying pistol with him
at all times; that he oiled his pistol at
least two weeks in advance Of the shoot
ing, before he had any trouble with Moore,
that the decedent threatened the accIsed's
life and made a motion as If TO kill him
ere he fred the fatal shots. and that the
shots were not fired from behind, hut i'm
mediately at the side of the buggy in
which Moore was seated
EVIDENCE IN REBUTTAL
The defence rested its case yesterday
morning shortly after court convened.
being unable to secure the atten lance on
court Of two witnesses whom they re-
garded as material and the Common
wealth introduced considerable testimony
ined a number Of witnesses who were on
intimate terms with Garter. who testified
that it was not his custom. so far as they
knew to carry a pistol and then they
eudeavored to show that Mrs. Carter, in
her testimony, had not stated facts con-
cerning her husbands movements on the
morning Of the killing.
The most important evidence in rebut-
tai. however, was that of Mr.. L. l.. Fus-
sell. Deputy Sheriff Of the county. who
has been Cartcr's jailer during his incar-
Ceration. In his testimony Thursday Car
ter stated that he had shot at Mr.. Moore
Eut twice. and denied with great empha-
sis that he had ever told any one to the
contrary. Mr.. Fussell. when placed on
the stand. testified that Carter volun-
tarily told him that three shots were
fred-one while the buggy was standing
stili i'm the road and the other TWO after
tho horse started to run.
JURY VISIT THE SCENE.
When all Of the testimony was in the
court adjourned to the scene IF the kill
Ing. and the jury were given an opportu-
nifty Of inspecting the premises. They
wont carefully over the ground and
through Carter's store, and stood in the
doorway i'm which Miss Garter claims TO
have stood when she saw the shooting
There is no doubt that the young ,ady
could have seen the buggy from where
she stood but there are number CT trees
between the house and the spot at which
the vehicle is alleged TO have stood, ana
while OF course. the jury did not express
their views concerning the matter, much
doubt was expressed by others IN the
party as TO whether Miss Carter could
possibly have seen tho movements OF
Moore and her father, especially the move
meuts of their hands, though she teRflileu
t1 having seen Moore change ms relhs
from his right hand 10 his left and tfow
Dis right hand back of him, as though TO
draw "a pistol. and that she actually saw
l.r father draw his pistol from MS
trousers pocket. A fence separates the
road rom the grounds. and was between
o.. accused who was standing on the
ground and his daughter.
Ti. court returned TO the courthouse
from the Carter store, and it was tnought
that the argument would commence AZ
ore, but. ON motion Of Commonwealth's IS
Attorney Sands, the jury were Adjourned
over until this morning, though MT. wen
6.uburg. on behalf Of the prisoner Vlsor-
ously protested against the delay
THE SESSION IN DETAIL.
When the court met yesterday morning
at il o'clock, Mr. Wendenourg asked that
p. S Stephenson and ed. Thurston be
called. Neither responded, ana tiie uc
fence thereupon rested its case, thoush
before doing so Carter was asked II NJ
bad heard prior 70 the shooting that
Moore was a dangerous man. lie STOOD
il the dock and answered, saying that
ou Thursday morning preceding the Kill
ing he had been informed by Mr. Henry
Segel that he (SiegeD had had 70"
with Moore aad that he considered the
contractor a dangerous man.
The prosecution announced when the
defence closed that il would put on some
witnesses in rebuttal, and Magistrate
George W. Thomas was called. He testi-
fed 20 having been the examining maSls-
trate in the case OF Carter, and that the
defence had waived examination MI
Smith asked that this evidence be strick-
en- out as immaterial, and the point
was argued by Mr.. Montague on the one
side and Mr. Smith on the other MT
Montague said that his object in ques-
t.oning Mr. Thomas was TO show that
Miss Carter, who claimed TO have been
am eyewitness TO the deed, had had OPP
p0rtunity 10 make known her knowledge
and she had never avaied herself OF II.
The Court thought the evidence inn
proper and excluded it, The jury, which
had been sent out during the argument
returned 10 the court, and Mr. l.. u.
Quarlcs was called 10 the stand. He
testified 10 having known Carter for
number Of years and to have been In the
habit OF going 20 Carters store several
times "a week ever since he had been
keeping a store on the Hermitage road.
He had frequently seen Carter In his
shrtsleeves, but had never seen him have
pistol though he would not undertake
20 say that the accused did not have one.
Mr.. James A. Blanton, neighbor or
Csrters. who had known him four or five
years and was accustomed TO see him
freouenflY testified that he never saw