The times. [volume] (Richmond, Va.) 1890-1903, 1898-11-20

and what III. defense had Claimed TO be
able to prove.
There Is no murder In the second de-
gree in this case. gentlemen said Mir.
Wendenburg, there Is no voluntary nor
involuntary manslaughter. 1t Is murder
In the first degree. or killing In self-de-
fence. You must either hang Carter or
acquit him There is 10 middle ground"
Mr. Wendenburg went on TO review the
case. presenting the facts in light IA
vorable 10 his client. and ridicuiing the
conclusions drawn by the Common
wealth
The speaker devoted considerable time
10 the discussion Of the evidence adduced
by the prosecution 70 show that Mr.. Car
ter was in the habit OF going o town on
Saturdays. and claimed that the defence
had proved by prominent citizens that
such was not his custom.
Mr. Wendenburg then charged that the
Commonwealth had suppressed evidence.
that they had summoned many witnesses
whom they would not put ON the stand
because their testimony would have been
favorable to Carter. lie accused the
Commonwealth Attorney with pursuing
Carter and endeavOring TO secure his
conviction to crafty his own ambition.
N was entirely improbable be said
that Mr.. Carter should have selected an
open stretch OF road TO commit a crime.
when by going a short distance 10 the
north or 10 the south. he could have con-
cealcd himself I'm a thicket and shot
Moore down without any one knowing
about g.
Mr.. Wendenburg again assaulted the
Commonwealth for suDprossing testt-
mouy. saying that ~ had refused 10 put
on the stand the children Of Martha
Turner. who would have testified that
Carter came % their mothers house
early on tho morning Of the day OF the
tragedy and left saying he would return
later on.
NUMBER OF SHOTS.
Mr. Wendenburg then took up the vital
question az the number ~ shots fired.
On this point Mr. Wendenburg by citing
what De termed Hypothetical case.
brought 10 the attention Of the jury that
Mr Armstrong. vino would have testified
that only two shots were fred had been
summoned hy the Commonwealth. but
not put on the stand: and had not been
allowed TO testify in the mornins
Then taking the instructions Mr. Wen
denburg explained them TO the jury from
the standpoint Of the defence. He next
took the picture Of Moore's body. and
getting over tine railing close 10 the jury
addressed them on that subject. lie
claimed that photography either inten-
tionllly or unintenHonally, was Otter mis-
leading lie said that the two wounds
were made in the manner described by
Miss and Mr.. Carter and could not have
been made I'm any other way
Mr. Wendenburg was then proceeding
10 read from the stcnographic report ~
the evidence Of Mr.. CAN'T who took the
picture. as 20 the position az the camera
when Mr.. Montague objected on the
ground that the report was not official
The Judge sustained that view. ana said
the jury must De Guided entirely by their
own recollection Of the testimony
Mt Wendcnburg turning no Mr.. Mon
tacue. asked why II was that NE OBJ
iected 10 his using the report IN order 20
be accurate.
ct don't object 10 your accuracy" re-
piled Mr. Montague "it IS your inaccu-
racy."
Mr. Wendenburg then returned 20 The
question OF the number of shots fired
tie showed that the two shots were iirea
from the side as proven by the photo
graph Of the body. and that tho hole
found On the rear Of M0ore's buggy was
made by a bullet fred in n straight Tine
from behind and commended That 70 could
not have come from the pistol m Carter
who was on the side Of the road.
The speaker then attacked the evidence
~ MIS- Moore and Nr. u. Moore. HNn
accused each OF giving Or false evidence
There was applause throughout me
court room as Mr. Wondcnhurg closed
A.
Smith addressed the jury. He called es-
rec-ll testimony 10 the appearance in the
case Of Acknowledgement MONTAGUE and
told the fury that Do was not there ms n
state officer and that no more weight
must De given 20 his utterances than To
those ~ any other attorney
Afr smith was ef'il speaking, when at
o'clock court took recess until $50
Emily "a third Of The people who de-
sired 20 attend were unable % obtain ad-
rnittance 20 the courtroom When inc
uieht session began SIR smith again
took M his argument. and summed mp
the points which. he claimed. had been
disproved by the evidence for the de-
fence and upon which the Common
wealth based It's hope Of securing con-
ylction. o-..-..
lie went into the matter Of Cartnrs
carving n pistol. and said Il was alto
eather probable that people who sWore
.hov never saw him with one and others
who testified differently both tod the
truth. 40.
"A number Of people might swear that
thew saw Simon solomon burn down
barn." he said. "anl yet Simon solomon
could bring 50oo people 20 court VINO
would swear that they didn't see MN
burn II. is not that truet
"suencc." shouted Sheriff simon SOLO
mon AZ this point. and there was a laugh
through the room.
7, conclusion the speaker cautioned the
iurv not 70 be moved by tho eloquence of
The Attorney General who was 20 folio"
him
Mr.. Smith closed bis irgument 'nSt pc
fore 10 o'clock. and Air. Montague began
the closing speech FOR the Commonwealth
amid a stir OF universal interest
THr ATTORNEY-GEE
win graceful manner. and IN the mu-
steal voice which has thrilled MANY an
audience. the Attoney-uenert Lesa1
his interesting argument after briefly
paving his respects TO the oppos'ns
counsel. and averring that ne wouAd
scorr IN ask a verdict at the hands OF
tho iurv save on the broad ground or
irstico Mr. Montague showed that there
WAS no improperly In his appearing IN
the case. the question having been RAISED
by the defence. and he ciied pi@c9ush1
10 sustain the statement.
Before going into the case Mr. Monta-
IN