The times. [volume] (Richmond, Va.) 1890-1903, 1898-12-16


The taking Of testimony In the second
trial Of James Penrose Carter charged
with the murder ON September 9th last
Of Charles Fox Moore, began in earnest
yesterday afternoon before jury oi more
than ordinary intelligence. Up to the
hour of adjournment last night five Wit
nesses had been examined, the testimony
of whom dnered IN no material respect
from that given in az the first trial
There was one new feature, however
which attracted attention and excited
considerable comment The counsel iOr
tbe prosecution are going 10 make
much more vigorous fight for conllctoh
than was the case last monih. Ihelr
every action indicated determination
60 bring out strongly every point pos
slbie. and present it 10 The jury an an
unmistakable manner
STRICT SS-ENAMINAIION.
The cross-examination OF witnesses
yesterday afternoon was searching III me
extreme hv both the Commonwealth and
the defence. Indeed. it seemed to an un-
initlatd observer that the rules of cvi-
dence We're temporarily laid aside In some
instances. and there was direct eNamlna-
tI0n. cross-examination, redirect eNami-
nation. and re-CrOss- examination al hDi-
tum.
Judge WIckham seemed 20 desire 10 al
low as fun latitude 0s Was consis'eht
with the law. He ruled promptly ana
emphaticaliy on every point brought up
and facilitated the case by every means
in his power. While there was nothing 10
fr o.
witnesses. yet there were several fea-
lures connected with the case Which
aroused considerable interest among the
somewhat slim crowd of auditors ana
spectators in the courtroom.
Shortly after court convened yester-
day morning Mr. Charles Lenhauser, VINO
was one OF the six Jurors vino We're Sc
cured Wednesday stepped forward Oe-
fore the bench aud addressed Judge
Wickham.
lie said that in view of the Courts eau
ti0n TO him ON the previous afternoon.
ne deemed it his duty TO say that some
one had talked TO- him about the case
since Wednesdays adjournment.
Counsel for defence at once s3id that
s. was due 20 them that the name of the
party making the remark and the nature
Of the same should De disclosed. in order
that no suspicion might rest upon them.
THB BARRIERS VIEWS.
The Judge juror and counsel ON either
hde thereupon retired to the formers
private office where 10 was ascertained
that Mr Lenhauser had been into bar
per shop 10 get % shave and while I'm the
chair. the tonsorial artist began TO talk
about the Carter case saying
"Oh. they won't do anything 20 that
fellow"
Tho Judge and counsel at once recog-
nized that the remark was not made from
any imfrcp motive. and Mr. Lenhauser
was permitted 70 resume his place iu the
jury-box
A WITNESS IN JAIL.
IL also became known yesterday and will
probably result in witnesses being more
prompt I'm future that Charles Anderson
lcoloreD the witness for the Common
wealth, who failed % respond when Eis
name was called ON Tuesday. spent We'd
uesagy night and a portion OF yesterday
in the jail.
To will be remember cd that the failure
Of Andersen 60 Doe present resulted in a
stoppagc Of PROCEEDINGS on Tuesday, and
that "a Capias was issued for him lie
was found lying down and complaining
Of sickness. but his condition was not
such ass TO prevent him from Obeying the
summons of the court. lie was accord
ingly brought in and committed TO JAIL
Yesterday, after testifying, he was per-
mittcd To- depart I'm peace, bat Will prob
ably have to foot the cost of the capias.
Deputy Sheriff l.. J.. Fussell ana Nj.
Joe Lyme. who spent Wednesday after
noon in Che lower portion of Henrico
county. I'm search of jurors. succeeded 10
securing twenty and after the prcimi-
narios had been disposed of yesterday
the work of securing TEN 10 complete the
panel of sixteen WAS begun. with success
which had NOT been anticipated. for 1t
was only found necessary 10 examine
fourteen. Mcssrs e.. c. Roper. X. W.
Atkinson. George w. Bcdoll and Thomas |
p. Marable were rejected having form
Oh fixed opinions The panel of sixteen |
selected was as follows.
Messrs. Willis EuIoughty. John J. Can |
field. Wm. n Turner W S BrockweM |
Thomas Bennett j. 4. Woodhn 6 y w. /
Hriuan. Robert T.. Harrison r. r.. chill !
dress. R p. RUSSELL John Coltart. n. p.
Kendall. Frank Valley Arthur Cornwall. /
Charles Lcnlauser and n. c. Wakefield. |
Most of thc jurors selected bad read
about the case. and SO stated hut one /
~ them Mr. willis Enroughty said that
he had never read paper in his life.
After the completion of thc panel Mr.
r g. Wakcncld. one of the number was
MAS questioned hy the judge as 10 his
ability 90 eit in the case. lie seemed
o fhnk ne could see the matter through.
After consultation between thc Judge
and counsel. Dr w v. CroXton. The cou-
~ coroner. made an examination of Mr
Wakefield and reported that he consld-
cred Dis mdisposition Of "a temporary ma
.ure. and not such as 90 ineapacitate him
rom serving lfe was therefore allow
- 90 remain
NAMES STRICKEN OFF.
Counsel for defence then asked 20 be
allowed time 10 examine the panel, with
4 view 10 striking or four names. and a
cccss was taken FOR the purpose. The
ieliberauons OF the defence ended In
striking from the panel the names OF
Willis EnfouehtN J G Woodhn q. \
" tritian, and Robert Il Harrison. The
remaining twelve were then duly sworn.
,fier which the indictment charging
lanes Penroee Certer with the murder
u Charles Fox Moore was read to them
~ Clerk s. =. Wadiiu Court then took
1 recess until $3.50 o'clock.
THE PRISONERS FAMILY.
Tho initial proceeding when court re-
onyencd was the swearing and sending