The times. [volume] (Richmond, Va.) 1890-1903, 1898-12-03
CARDER JURY
FAILS TO AGREE.
Seven for Three Thousand, the Bal
ance for Less.
ABLE COUNSEL ARGUE THE CASE
Nessrs Wood BOuldin and II. NJ
Smith, Jr, Represent the Plaintif
and Congressman TbOrp and
Judge Wood the Defendant.

BOYDTON. VA. Dec 2.-Special.-ln
the Circuit Court Of Meckienburg yester-
day the whole day was consumed IN the
argument Of counsel in the suit Of VIM.
Carder against W. II. Gooch for assault.
There was quite good attendance in the
courtroom. many OF whom wished TO hear
the two prominent attorneys from dis
lance. Messrs. Wood BoulGin, of Halifax
Courthouse and II. NJ. Smith. Jr.. of
Richmond. who spoke for the plaintiff.
Congressman r. y. Thorpe and Judge
Wood spoke for the defendant. The ar
gumcnt began about 10 o'clock and was
spirited throughout
THE ARGUMENT.
Messrs Finch and Faulkner associate
counsel for the plaintiff did not speak.
Mr. Bouldln made the opening speech Tor
the plaintiff, which was able and argu-
mentative. lie dissectcd the evidence
in "a mastery manner and showed that
there was no justification or excuse for the
assault made upon his client. His smooth
and polished manners. with his eloqucuce
had telling effect upon the jury and
audience Mr.. Bouldin was followed boy
Judge Henry Wood. of GAINESVILLE. The
Judge pleaded with the jury not 20 allow
their preiuMccs TO warp their Judgment
and TO lead them from a plain duty %
a. citizen of the county and urged, That.
because his client had made his money
selling liquor. 10 Was no reason that De
should not have au the safe guards the
law gave any OF her citizens.
CONGRESSMAN THORP.
Congressman Thorp following made a
D..
ing at great length upon the causes that
induced Gooch to make the assault on
Cardor. lie claimed that his client was
justified Inn his act believing as he did.
the statements of his wife. that she had
been treated with great indignity Boy the
plaintiff Mt Thorp showed consider
able feeling while addressing the jury upon
the duties a husband owes the wife or
his bosom. that he should protect and
defend her against any ana all insults
and wrongs and that Gooch smarting un-
der what he considered am indignity 10
his wife and family had made the assault
upon the plaintiff.
\MR. SMITH CLOSES.
Tho closing argument was made 10y II.
NJ smith. Jr.. ESQ. of Richmond. Mr..
Smith began with a pathetic recital OF
the causes that induced him 10 act as
counsel for t1rder. lie Sdli inc N'uH1
man was q friend Of his. had married a
Richmond lady and that the plaintin
had come TO him 10 have his services in
aiding him 10 have a great wrong right
ed: that ne had been numerically beaten
and his right trampled upon. Under these
circumstances he did not feel that he had
a right TO refuse.
Mr. Smith dwelt upon the injuries that
his friend had received at the hands OF
Gooch. whom he characterized as a cow
ard and whom he denounced with great
severity. He said that GOochs great
weight made him a. bully and that when
he found Carder and saw that he was
small man. he jumped upon him IN
coward.y manner Co beat and humiiate
him. He urged that money could not
compensate for such a brutal assault as
that inflicted upon Carder by Gooch and
that without provocation.
A HUNG JURY.
The Jury were in session from ten this
morning until about four this afternoon.
when they were discharged. failing TO
agree upon a verdict
Seven of the jurors were for giving
three thousand dollars damages; the
others were for small damages.