Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-12-24
THEY CANNOT AGREE.
Jury In the Carter Case Are
Divided Thus Far,
LOCKED UP TIL THIS MORNING
some for Hanging, Il is Claimed, and
Others for seQultlal
SIR. NONTAGUE's ABLE ARGUMENT.
ELOQUENT Attorney-Genernl Makes n
AddrcsS-Hc Severely Castigates !
MIR. Wcndenburg.
SIR. MONTAGUE's ABLE ARGUMENT.
Another hung jury.

Another hung jury.
That IS the situation in the James Pen
-.sa Carter case. and it is not likely that
Che celebrated prisoner will be convicted
cr acquitted at this term of the Henrico
County Court
The court was in session all day yes
ysrl1y, and Mr.. Montague. the able At
tsracy- General made strong and i'm
,sss.oued argument for the conviction
~ Certer. He spoke two hours and
f-een minutes. pleading in most eloquent
terms for the prosecution. lie severely
,rra.gued the prisoner, reviewing and
.-a,yz.ug the evidence with great care
and minutenesS inveighed against the
600 frequent use Of firearms, and cast-
gated Mr. l. o. Wendenburg. the able
y1lrE attorney for the defence who had
seen liz in his argument to criticise Mr..
Montague for his appearance in the case.
A-ogether. Nr. MOntague's argument
vas an exceedingly strong one, and was
listened 70 attentvely by the large crowd
which congregated in the courtroom as
soon as the doors were opened. The
..y. too. paid strict attention to the ut
t.rauces of the brilliant young lawyer
and his words undoubtedly made deep
Impression upon them.
JURY NOT AGREED.
SIX. Montague concluded his argument
O.. 1916 O'Clock. and the case was then
submitted to the jury. They retired
promptly 20 their room. but at o'clock
.-t evening stated. with meaning en-
I.asis. that they were unable to agree.
Judge WicIham was, however, 10th to
discharge them without giving them
further time 20 consider the evidence,
and, Notwithstanding that the Christmas
season is at hand. be held them over
night In hopes that a verdict may be
cached this morning.
The jury have given the most careful
attention 90 the evidence adduced before
tl.m. and have undoubtedly weighed that
evidence in the most careful manner, but
after they had been locked up short
time yesterday they expressed a desird
further evidence. They first requested
that the pistol with which the deed had
been committed and the coat which the
murdered man wore at the time OF the !
. '..a.NlAF Bt gwen LAfll4 lbA IlASpINAitA |
.la later they asked for the recall of the
l negro Christian 10 the stand. Chris |
Ian. IL will be remembered, testified that |
.. was al the Carter store on the morn |
s of the killing at the same hour that /
Inc little Guerrant girl claims to have !
been sent by Carter TO look out for tho |
.nprOach OF Moore's buggy, and that he /
lid not see this little girl.
HOW THE JURY STANDS.
The first request was denied by the |
'0urt. and IT being ascertained that |
dristian was wanted only for the pur-
.Jse Of testifyipg as 10 the exact hOnr
Re reached Carter's store. ne was not re-
llled. the attorneys agreeing that he |
q testified 10 Z O'Clock. This informa-
.n was impaired TO the jury, but still
could not agree. and the impression
..ains that they are divided as between
r-ing and acqu!taL Court will convene
r. morning at IL o'clock but whether
... jury viii be held over Christmas II
t... cannot agree could not be ascertain
q night.
U.. MONTAGUE ARGUMENT
Court opened promptly at 10 o'clock,
ts- neither Messrs. Smith or Wenden-
..'r ,l- in court. some delay was Oc-
--...- At 1890 o'clock Mr. Smith
I
lw for his tardiness, after which
Ar I.a.ague began his eloquent argu-
-at He addressed the jury in calm,
ta lonal tones, and in the outset
. respects 10 Messrs. Smith ana
"....rburs characterizing the former
a' DIS layei-headed friend, and the latter
t. eeceptric friend The Attorney
General. then referring 20 Mr.. Wenden-
''ts illusions 20 his connection with
case. said: IL was at the depot just
..-i 'o take the train 70 g2sout' Of the
I.. when / received a mwt insistent
from the Commonweaith's At
HeF asking me 10 assist him In this
so II you have any criticism 70
b. .g my appearing you must blame
.. .mu0uwealth's Attorney. 1t IS said
counsel Tor the defence that | do not
ar .u this case as the Attorney-Gene-
a. DO not. but at the same time
..l say that / fail 10 see the difference
tween public and private discharge OF
F duties. j have never been able TO
rn The difference between doing my
ly publicly and privately"
SCORES MR.. WENDENBURG.
Passing on 10 the subject matter under
rl.s'0u. Mr.. Montague spoke OF the J
-Lo'lons Of a jury and. speaking OF
Ir WeDdenburg's nattery or praise OF
'e Jury told the twelve men who con-
lu'.d him that he was not on his feet
' Halter them. but 10 argue for the ,
,per administration OF justice. He ;
.i ascertained that Mr. Wendenburg
entered the courtroom. and went
him ungioyed. MY friend Wenden-
if said he. has hOwled persecution .
D you he has done that in every case
has been in; he was counsel In the
o.t celebrated case that stained the
minlsiration OF justice Of this Com
lnwealth q refer 90 the gOld-brick =
.D and yet Mr.. Wendenburg said that !,
as persecution. He IS "A commonplace. :
e'y-day criminal lawyer, and he knows !;
D other way Of practicing law" he said. !.
entlemen Of the jury. there is practice .
law and practice Of law. Don't let us
HH 70 such depths turning 20 the de- -
hee); let as practice law. not fakirism." u
Aiier this utterance Mr.. Montague be- :.
n defence Of Mr.. w. u. Bradley, who :
is characterized by Mr.. Wendenburg as =
Nemesis. and. among other things. y
10; The Greek gods had Nemesis. =
" she was q woman, but Wendenburg