The times. [volume] (Richmond, Va.) 1890-1903, 1898-12-20

nfter his pOcketDook 10 pay your askeo
Mr. Sands
Mr.. Sands. you ought not TO ask fool
lsh questions" said the prisoner From
the manner Of the man you would have
thought he had half dozen pistols. l
believed from the bottom of my heart
that he was about to xiii me-"
Mr.. u. H. Duval was recalled. and
stated that had heard the shot fired by
Carter on the Saturday night a week be-
fore the murder. which was said to have
been occasioned by prowling calf. and
which accounts for the third empty shell
IN Carriers revolver.
When Mr.. Duvai left tho stand court
adjourned until O'clock.
HE TRIED MOORE.
Mr.. ~ +. Tyson was the first witness
put on the stand when the court recon-
vened He is the Justice OF the Peace
who tried Charles f. Moore on September
9Th. 1897, on warrant sworn out by Mrs.
Moore.
Mrs. Moore stated In her testimony"
said Mr. Tyson. that Mr.. Moores con-
duct was of such nature that she was
afraid Of him. and she asked the protec-
ton of the court"
The defence stated 70 Mr. Tyson that
Mrs. Moore had testified before the court
that her husband had threatened 10 make
her horse run away. throw her out and
kin her. and that for this reason she had
him arrested.
NOW state" said Nh Wendenburg
whether Mrs. Moore So testified before
You. and If not what did she say
The Commonwealth objected 10 this.
and The Judge ruled il out on the ground
that IL was immateriaI The defence ex-
ooptcd.
Martha Turner colored. 10 whose
house Carter said he was going when he
met and killed Moore testified that Car
ter had come 10 her house early on the
morning of the killing and had called
through the window she being I'm bed.
She knew he came for she had heard his
voice
ON the former trial this witness testi-
fed that she was asleep. and only knew
that Carter had been there by what the
children had told her
When pressed on this point she said
that she must have been mistaken on
the previous occasion Pho witness testi-
fed that when Carter found she was not
40 he called ont that he would see her
later" and went back home
THE GUERRANT EVIDENCE
Samuel Christian colored who was
working for Mr Henry Carter the pris-
nner's brother. on the day of the killing.
said that he was at Mr.. Penrose Carriers
store shortly after seven O'Clock that
morning. and had stayed there for three
quarters of an hour. during which time
he had seen no little girl come IN. W5ile
there two little boys came I'm whom he
didn't know. but he thought their name
was Wyatt
The witness said he was positive about
IL having been a little after seven o'clock
when he got TO the store. because Mr.
Henry Carter had brought him down 20
the Brooke road I'm a vehicle. and when
he put him ont looked al his watch and
told him that It was seven o'clock
The witness could not be shaken on
cross-examination. Just before he left
the stand the two little colored boys were
brought I'm and identified by him as those
he had seen in Carriers store.
Allen wyatt. one Of the boys. testified
TO having been at Carriers store from 1880
to 500 on the Saturday Moore was killed.
but said ollie Guerrant was not there
during that time.
On crOss-examinatiOn the witness said
that he lived just back Of Carriers store.
his father renting a house from Carter.
He stuck 10 his statement very well and
was positive as 20 the hour in every case
saying he had timed himself by his wat b.
His brother. Percy Wyatt. a small me-
gro. corroborated the formers state
ments,
Or. Isaiah H. White was next put on
the stand as an expert He stated that
he had graduated from the Medical COL
lege OF Virginia in lS6l and had had
long experience i'm gunshot wounds, and
I'm surgery Of every description.
Mr.. WeHdenburg coming around by !
the witness chair. asked Or White 90 |
imagine the chair was "a buggy, and t0 |
describe what position a man In the !
buggy would have 20 assume 20 receive |
"A wound from a bullet entering behind !
tho left shoulder the man firing the bull |
let being at the side and NJ right angles |
TO the party in the vehicle.
DR. White stated that the course Of the J
bullet would be determined by the mo- |
tons OF the body. and OF the shoulder |
joint, which was a movable point
LEFT SHOULDER FORWARD.
The witness stated that the movement /
necessary 10 putting the right hand i'm
the hip pocket would tend 10 throw the
right shoulder back and the left forward
Suppose" said Mr.. Wendenburg "that
a man sitting In buggy had leaned for
ward as though 10 rise from the seat and
put bis right hand behind him. I'm what
position would YOU locate the man firing
the shot which inflicted a wound such
as that I have described 10 you?'
"He would be Immediately opposite his
side" answered DR.. White.
The witness left the stand after testi-
Tying that a man drawing a pistol from
his right hip-pocket would naturally
throw himself 10 the right
The defence az this point stated that
hey mad three more witnesses who were
NOT present. but 70 obtain whom due dill
10 reserve the right 10 put them on to-
morrow morning. Meanwhile the Com
could go on with its witnesses
n rebuttal
The Commonwealth declined 20 do this,
however. saying it would be put al dis
advantage The Judge instructed the
Sheriff 10 make an attempt TO secure the
absent witnesses at once. a recess being
AIKEN 70 give him time.
After a long wait Mr. David Gathright
vas secured and put on the stand. He
estifed that he had known Mr.. G. +.
Moore for five or six years and hal
,ften seen him with a pistol.
"Where did YOU see him with pistol"
le was asked.
HAD A PISTOL.
II think it was I'm 1884,. during the
building OF the old baseball park. on west
fain street" answered the witness. He
ften brought a pistol with him | don't
emember anyone else being with me
when ! saw him have pistol
When Mr.. Gathright finished his tes'i-
nonv he was call,d before Judge Wick
am and asked why he had not come 10
ourt when summoned. lie replied that
e had never been notified
Clerk Waddll stated that the return
made by Sheriff John II. Hughes showed
hat he had been summoned. The wit
ess was directed 10 return az II O'Clock
his morning. when Sheriff Hughes VIII
L La r1rnannf