Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-12-16
Afternoon Session.

ing included In the list. This being done
MT Sands arose and briefly reviewed the
case setting forth the evidence as adj
euced at the last trial. explaining. Incl
uehtaiIy, that he expected TO prove every
statement made by himself. lie en-
phasized the contention that the shots
were fired from the rear. and that the
pistol was freshly oiled with a view to
the committal OF the deed.
MT Wendenburg replied to Mr. Sands
ana told the jury that the defence ex-
pected TO prove that Carter had not pre-
meditated the homicide, but. on the CON
trary, had only shot when he deemed his
own life TO be endangered. The attorney
went into an argument Of Ills case. and
nccessitated three Interruptions from the
Court who told him he must ccnfine his
remarks 10 mere statement of facts.
The attorney digressed again, whercupon
Judge Wickham said, with an ominous
shake Of the head:
"Mr Wendenburg. 1 shan't warn Won
again as to this matter. No one in this
courtroom knows better than you the
ullerence between a statement and an
argument You must and shall conGne
yourself to statement Of facts"
The Court had once more 10 interrupt
Mr.. Wendenburg, and this time his
Honor said: 81 don't want TO interrupt
YOU any more, and ] don't want you to
force me to do anything Unpleasant"
Mr.. Wendenburg. after this orning. con-
cluded his address and took rs seat.
DIR. CROXTON TESTIFIES.
The examination of the Common
wealth's witnesses was then begun. and
DR.. w. V. CroXtOn was the first called
TO the stand. He. as COy)ner Ct the
county, held the inquest over Moore's
hOGN and p1co pnnIpafaH Ia
TEN. He gave substantially the same
evidence as given by him last month.
and related how he had examined Moore's
woun0 and found that he mad been shot,
once M the left side of ,he shoulder, and
again in the rear of the lert elbow The
Doctor explained that the wounds in
Moore's body could only have been made
by a pistol fired from his rear. The
photograph of the wounds was then in
troduced in evidence, and Or. Croxton
identified them. Mr. Smith objected to
the introduction of these pictures before
the photographer had sworn TO them. but
the Court overruled the objection. Mr.
Smith suggested that the pictures had not
been introduced at the last trial before
they had been sworn to.
THAT does not matter. gentlemen" said
Judge Wickham, 81 don't care if It was
never done before; it is done now"
Mr.. Smith put DIR. CroXton through q
rigid cross-eXamination, but failed ut
tcrly 20 elicit any fact from him which
was favorable to the prisoner. The
Coroner was positive in his statement
that the shots must have been fred
from Moore's rear, and concerning the
wound in the arm, said that the effect Of
that wound would have been 90 paralyze
the hand. hence the deceased could not
have very readily grasped the relns after
having received the wound.
OTHER WITNESSES.
Mr. CAN'T, photographer for Campbell
q Co. who made the photograph of
Moore's wounds. which was introduced
in evidence. testified as to how the pic
ture was taken. asserting that i'm order
TO get an exact reproduction Cf the two
wounds it was necessary for the camera
to be placed I'm the rear Of The body,
somewhat to the left.
Mr.. Frank A. Bliley. the undertaken
who handled Moore's body. was called 10
the stand. He assisted IN holding the
body when the picture was taken, and
said the photograph exactly represented
the wounds.
Mr. j. y. Herring was the next Wit !
ness examined. lie was a carpenter in |
Moore's employ i'm the construction OF |
the Siegle building. and was there when |
Moore was killed. He repeated the tes- |
timony he had given in the previous trial |
his evidence going TO show that Moore |
was unarmed when shot.
Mr.. J. Caudle. who brought Moores |
body from the scene Of the homicide to |
Bliley's undertaking establishment, tes- |
titled that no weapon was found about |
or on the body, and substantially the |
same thing was testified to by Messrs.
Frank A. BlileY, who was recalled 10 |
the stand; J. r.. Pollard. and Benny Duval. |
The negro Charles a. Anderson. who
was with Carter on Thursday preceding |
the homicide, was examined. Anderson,
it will be remembered, was present when |
Carter and Moore had a row. and he ii |
was that carried Carter away f,om the
Segel house. He told in detail how
Carter had asked Moore for money, and |
how he subsequently called Moore a liar,
and then told of how Moore had ordered |
Carter from the premises. Anderson
gave his testimony substantially as he
had done at the last trial
ANDERSON IN JAIL.
When he took the stand he had a band
age around his head. he was not pres
ent Tuesday when the court convened. |
and his absence delayed the trial Tor a |
day. A capias being issued for him, he
was brought to court on Wednesday and |
was committed to jail, in order that he
might be on hand when next wanted. He |
pleaded sickness, but the Court doubted |
his plea and held nim ANDERSON went
TO his home after leaving TIE stand.
Mr.. Albert Wells, a carpenter. who was
at work on the Siegel building on the
before the homicide, testified
to having been present when Moore and
Carter had their quarrel. but he heard |
none of the words which PASSED between
them. He could only see that tney were
excited and apparently fingered. lie tes
tilted also that on the Friday following
the quarrel Moore departed from his
usual custom and came out TO the Siege
house on the Lakeside car.
When Mr. Wells left The stand it was
$40 o'clock, and the court took a recess
intn II o'clock this morning. the jury be-
ng sent TO the Imperial Hotel. They were
aiken to the Academy Of Music last night |.
as the guests Of Sheriff solomon.