The times. [volume] (Richmond, Va.) 1890-1903, 1898-11-19

! and that consequabtly no evidence had
been taken tn defence objected to
| this evidence, n the jury was taken
from the room/while the question was
| argued.
Mr. Montacse. for the Commonwealth.
| held that thctrosccution had the rieht 10
/ show that 81 minaton had been waived.
| that an oGiortumty 60 disclose eyiIerco
| had been offered and not accepted. and
/ that. as "a general proposition. ihe COM
monwcith had "a rieht 10 brins cut every
thing mat had taken place since tie in.
>eptJn OF the case
Judge Wickham. however ruled ont The
evSence 1ir l.. b. Quarles was next
| ssorn He said he lived i'm Henfi-o'
ebout q mile from J. Penrose Carers
! place and had known him for many
/ years. since he was a young man. "nt
had lived near him about four years. ana
that he generally went 20 his sore 10 SCI
goods about once a wck
NEVER SAW a PISTOL.
lie had been going there ever since Mr.
Carter had been keeping store anc fdd
never seen him with a pistol. although Doe
had often seen him in his shirt-sieeVes,
and also with his coat ON.
The witness I'm answer 10 the defence
said that he could not say that Mr. carr
,cr did not have pistol
Mr.. James a. Blanton. testified that he
lived about half mile from Mr.. ,arfer
and had known him -four or hve years. ohd
saw him quite frequently but he never
saw him carrying pistol. although ne
would not undertake TO say that ha oli
not
Mr. Samuel Waldrop said that ho had
known Mr. Carter more than twenty
wears and used TO see him every satnr-
dav during last year. and o'th-i"nd'lF
visited him. Carter first wife having been
his sister. lie never remembered seeing
him with a pistol.
MIR. T.. l.. Russell. deputy sheriff was
next called and Judge Wickham announce
that he had been taken seriously iA
Thursday night. and 80 would be neces-
sarv To send for him Short recess was
then taken 20 await his arrival ana -
enable the Commonwealth 20 confer win
other witnesses it desired 10 introduce.
WHAT MRS. CARTER SAID.
After short wait Mir. e.. y. ;oyldn
was put ON the stand He was asked
I'm regard 40 The statements male 20 h!m
bv Nrq Carter. when ho Went % tne
store TO investigate the killing.
MR. Boykn said that Mrs carter md
told him that her husband had shot
Moore. she presumed, on account of a
financial transacrion she didnt know
tha. q, was done in self-defencc, because
she had not seen it,
"where did she tell you her husband
was going when ho met UT. Moore.
asked Mr. Montague
"she said he was going 70 see w 20
Winston about some pl1" s'll ihe
witness.
"Did she say also that he was going 70
Martha Turner's house,
.sbe did not. and l never heard Martha
Turner's name until this trial began %
Mr. Rovkin was cross-eXaminod by -he
defence. and adhered 90 his original state
ment closely.
Willie winston who was piowing near
the house on the day OF the killing was
again nut on the stand lie said he had
never seen Mr.. Garter with pistol al-
though DE had worked for him year. bit
knev, ne had one because he had seen tt
around the house.
DAMAGING EVIDENCE.
Mr. /, L. Russell was next examined
Tie stated that Carter had been under his
cbarre since he had been in jail, and
mat the prisoner often came TO his room
on the upper floor of the jail and had
once conversed with him on the matter oi
tary on Carters part.
"Did he ever say anything TO you about
the shots?" asked Mr.. Sands.
eyes. sir. lie said that the first shot
fired frightened the horse very badly and
he was running when the last two were
fired"
Did he say how many shots were
hred?"
NO. sir. only I'm the way ! have mem
toned" replied Mr. russell.
This witness was not cross-eXam1ei oy
the defence.
II was o'clock when Mr. russell con-
cluded his testimony. which finished
the list Of witnesses on both sides, ana
a recess of one hour was taken for DIM
nor when the court convened again. and
Mr. Sands made a formal motion that ,he
Jury Doe taken out 20 the scene oi The
killing. in order that they might thor
oughly understand the testimony in ie-
latiou thereto.
SCENE or THE MURDER
The motion was allowed hy the court.
and the jury accompanied by The judge.
court officers. and counsel, proceeded io
Seventeenth and Franklin streets. whore
q special car was in waiting The pr.s-
oncr also went along. being escorted oy
Constable j. G.. Mann and officer J. j.
Wiltshire of the city force. Both are
large men. and the prisoner remark d
ms they were on their way 10 the car:
They've got two mighty big men to
keen one little man from getting away
The car was run through without
change. and the party alighted at The
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