The times. [volume] (Richmond, Va.) 1890-1903, 1898-12-23
VERDICT IN DOUBT.
The Opinion Expressed That His
Guilt is Not Proved.
Acknowledgement TO SPEAK.
Hon. \. j. Montague viii Close the
Case This Morning-Thc Addresses
Yesterday Splendid Efforts
Made 10y the Counsel ON
Either side - The
Argument.

Put a few more hours and James PEN
rose Carter will know his fate. Either
no Will return 90 his country home. free
man. to spend this the most joyous season
of the year with his family or ne will be
recommlttcd TO Jail, with a sentence Of
death or Imprisonment hanging over him.
in the list OF possibilities there is also an
other hung jury. though none who have
seen the intelligent twelve I'm the jury box
ara inclined TO- think that such will be
the case.
Tho entire day yesterday was devoted
10 argument. and although due diligence
WIS used only four speeches were MADE,
and when court adjourned at o'clock
last nlcht 81 was with the understanding
that Attorncy-General a. j. Montague,
the heavy artillery (which the Common
wealth has held I'm reserve, should at
10 o'clock this morning begin the closing
address. Mr. Montague it IS expected.
will speak for three hours or more, and
the case viii then go 10 the jury.
ACQUITTAL PREDICTED.
What the verdict will be no man can
predict with any degree of certainty, but
many express tho belief that the prisoner
Will De acquitted on the ground that a
reasonable doubt of his guilt exists. The
prisoner and his daughter were the only
witnesses of the homicide. and there
ts no one and no circumstances. which can
prove that their version is false.
The Commonwealth has failed to estab-
iish the 'Gying I'm watt by Carter, the
only evidence upon that point being oX-
tremely weak They have also failed 90
establish any ill-feolng on the part ot
the prisoner toward Moore. the quarrel
between them two days previous TO the
homicide being OF % nature rather 20
klndle M0orc's Indignation against Carter
than the reverse.
The jury in the present case has been
a most puzziing one. Every member has
listened intcnuy TO an Of the evidence
and TO- the speeches without any show of
emotion one way or the other, and there
IS no Indication OF what they think IL
seems evident. however, that the twelve
are iu accord.
The speeches yesterday were all far
above the average. those of the defence
being especially effective. There was not
a point overlooked which could help the
prisoner each being presented TO the jury
in shape easily grasped and under
stood.
The speeches Of Mcssrs. Lewis and
Sands were good and presented the Com
view in q concise manner
The defence extracted considerable
from Mr. Sands effort 10
show what position the left shoulder
would assume when the right hand was
put 90 the hip-pockct They claimed that
unconsciouslv. his attitude fully sustain
cd their contention.
Mr. Carter VS. br no means alone yes
terlay. His two brothors, wife. daughter
and three sons occupied seats I'm a row
behind the bar AN looking serious and
anxious The prisoner seemed nervous,
thought not despondent.
ARGUMENT BEGINS.
Tho argument was opened FOR the Com
monwealth by Mr.. Roy Lewis who made
an excellent speech. He called the atten-
tion of tho jury to the gravity of the
dutv which they were called upon 10 per-
form and paid high compliment TO the
judge and counsel on the other side.
Mr. Lewis then took up the case, and
brought out tho points step by step, in
clear and intelligent manner. on the
question Of Mooro's character he said;
"Wo brought here score after score OF
the best people Of Manchester to prove
Noores good character, while the de-
fence have produced the on-scourings OF
the earth % biacken dead man 5
memory.
Mr.. Lewis next pointed out that
the Commonwealth had not been permit
ted % prove Carriers character but that
there was wide field for inference.
Contrary 20 tho evidence brought oat
ry the Commonwealth. Mr. Lewis drew
attention 90 the fact that Garter all his
life had been accustomed 20 carry a
deadly weapon and left the jury TO draw
its own infercnces from that circum-
stance
lie cautioned the jury not 10 be swayed
ly the sad scene OF Garter weeping over
his child. which they had witnessed We'd
nesday afternoon. nor by the gloom
which rests upon Moore's household. but
TO decide boy the cold facts.
"Not as an attorney for tho dead mans
family nor for the Commonwealth" he
said. ''but as an advocate Of Justice. 1
ask YOU 90 punish this prisoner as his
crime deserves.
A PLEA FOR JUSTICE.
Nr. Lewis spoke about twenty minutes
lie was followed by Commonwealth
Attorney Sands. who began by impress
.ng upon the jury tho necessity for
netting out Justice. In order that the citi-
zous OF Henrlco might know that their
homes and nresides would DE protected
After claiming that money was the
cause OF the homicide, and calling atten-
ton TO other attendant circumstances.
Mr. sands pointed out the testimony OF
Ollie May Guerrant which, he said had
been unimpeached, that she had been at
Cariers store on the morning Of the XIII
ing and had been asked by him TO look
down the road and see whether man
was coming in a top-buggy
Mr. Sands claimed that the killing had
occurred nearer 20 the third than 10 the
second telegraph pole from the store, and
that ~ would have been impossible for
any one 20 see the details from the side
door OF the store.
Mr. Sands then took up the statements
Df tho prisoner and his daughter
III you believe the statements Of these
two" he said. III YOU believe implicitly
hat Miss Carter saw the occurrence as
,hc stated Il, and that the prisoner has
IoId khe truth l say ~ y9a W your law 4