Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-12-23
THE END IS NOT YET.
Carter Case Not Given 10 the
Jury Last Evening,
ARGUMENT NOT CONCLUDED,
nsSIS. Sands, Lewis, Wendenburg, and
Smith Address the Jury.
,R. MONTAGUE TO SPEAK TODAY.
The brilliant Attorncy-GcneraI VIII
Make the Concluding Argument
The Instructions Favorable I'm some
Respects TO the Prisoner.
NR MONTAGUE TO SPEAK TODAY.

Tho trial of James Penrose Carter.
charged with the murder OF Charles Fox
9Ioore. which has been in progress in the
Uerrico County Court since the 18th in
slant, IS not yet at an end.
From 10 o'clock yesterday morning un-
Oh after s o'clock last night the eloquent
attorneys representing the prosecution
and defence were engaged in presenting
their respective sides OF the now cele-
brated case to the jury, but the argu-
meut was not concluded, and Mr.. Monta-
que. the brilliant young Attorney-Gene-
ral has yet 10 speak. He will begin his
argument this morning at 10 o'clock, and
when he concludes the case will be sub
mited 10 the jury, and they will retire
% their room TO consider Of their YER
Dict"
The fact that the argument IN the case
would be made yesterday drew to the
courthouse the largest crowd which has
ever assembled I'm the portals Of the new
courtroom, and many who presented
themselves for admission to the legal pre-
.lucts were turned away because of the
Liability OF the Sheriff and his deputies to
lad room for them. Many ladies also
occupied seats In the courtroom and lis
toned attentively to the utterances of the
,wyers
THE LAWYERS BEGIN
The first order OF business was the sub
mission of the instructions, and these
we're read to the jury by Judge Wickham.
they are voluminous, and while they ap-
pear TO favor the prisoner in so far as he
claims self-defence. they leave him fewer
.71pholes for escape from the serious
charge against him than did those given
last term.
After the instructions had been given
SIR Lewis, the junior counsel for the
PROSECUTION, began his argument. He
s50ke only about 20 minutes, but made
O. very forcible presentation of his side
q the case. picturing in eloquent Ian
@uage the sorrow which had befallen the
1I1ore family by the death Of it's mead.
1lr Sands followed Alr Lewis, and made
She greatest speech Of his life. He spoke
f1r about two hours and half, and re-
viewed the evidence in a very cOmpre
heusive way. He arraigned the prisoner
.u @ most vigorous manner and made
strong case for the prosecution.
He was followed by Mr. Wendenburg
who eXcelled by far his previous efforts
in behalf OF Carter, and made what many
We're pleased 20 term the finest argument
f1r the defence that has ever been made |
iu the new courthouse. Mr.. Wendenburg
spoke for more than three hours. and |
dwelt at length on every shred of the tes- |
timOny which could possibly prove bene- !
fetal 10 his client. He grew eloquent as |
Le referred 10 the joyous Christmas which |
the Carter family would experience If the |
verdict of the jury eXOnerated the hus- |
band and father and permitted him 10 |
participate in the celebration Of the reli- |
gIous festival around his own fresde.
THE CONCLUDING SPEECH.
Mr.. smith was the last spealer Of the |
C.v He followed his associate, and made |
q strong argument in behalf of the ac-
cl.ed He also reviewed the evidence, |
and at times grew exceedingly acrimoni- /
Cls as he analyZed the testimony of GER |
tIll witnesses for the prosecution. lie |
was especially severe on Commissioners
c.-the-Revenue Childrey, who, he said, |
had betrayed a trust reposed in him, and
sacrificed "a friend when that friend was
arsu'ed ty misfortune.
IL was o'clock when Mr.. Smith con-
c.aaed. and Mr.. Montague suggested his |
Willingness TO go on. The Court thought,
AlWDr that he had better reserve his |
argument until to-day, and the Attorney
General. dcquiescing the court adjourned |
unul this morning at 10 o'clock, when Mr..
Montague will begin his speech He will
probably consume three hours, and the
jury viii therefore get the case about 1
O'Clock.
THE INSTRUCTIONS.
There was some delay I'm opening court
yesterday morning. because Of the fact
taat the instructions had not been fully
prepared, but as soon as they could be
l.tten together the Judge ascended the
bench, aud read them TO the jury as fol-
lows:
The Court instructs the jury
j. That murder is the unlawful killing
or any person with malice aIorethought'
1d is distinguished by the law of Virginia
murder im the first degree and murder
l The second degree.
That homicide in Virginia is presumed
u law 90 be murder In the seco1d degree
l order 10 elevate the offence - murder |
l the first degree the burden OF PROOF Is
-pJu the Commonwealth. and TO reduce
le offence 20 manslaughter the burden
W proof is upon the prisoner.
That killing by lying IN wait or any VII
p. deliberate. and premehtated Killing |
' lhOut prOVOcatiOn or excuse Is MURDER |
Do the first degree. and that on charge or ;
murder malice is presumed from the laci
N tho killing. When the killing Is proved | ,
ind is unaccOmpanied with circumstances
n palliation the burden OF oisproYing ma
.ee ls on the prisoner
.. That 10 constitute wilful, deliberate, {
ND premeditated killing il II not neces- {
~ that the intention 20 Kill should eX- {
any particular length Of time prior 10
Pc actual killing 10 IS only necessary !
nat such Intentions should have core ,
TO- existence for the first time at 80
inc of such killing or at any time pre-
I1usly.
EXTENUATING CIRCUMSTANCES.
% That a mortal wound given with a
.ldly weapon in the previous possession )
II the slayer without any or upon very '
ght provOcatiOn Is prima racie wilfm
nd premeditated killing, and throws (
pom the accused the necessity OF proving {
Xtenuating circumstances. :
g. That IL they believe from the evidence /,
hat the ACCUSED armed himself with Il :
oaded pistol and that after so arming
msclf he shot the said Moore and put
mself In the way OF said Moore 80 az c
% have an opportunity or killing said | {
i0Ore in case he should attack him, and
hat the said Moore afterwards, while un-