Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-11-16
THE TESTIMONY Is BEGUN.

James Penrose Carter, the Henrico mer-
chant, who, on the oath OF September last
shot and killed Mr.. Charles Fox Moore,
the well-known Manchester contractor.
was placed on trial in the Henrico Coun-
Is Court yesterday.
jury was gotten with practically no
difficulty, and the taking Of testimony
was begun in the afternoon. Six wit
rcsses were examined. This leaves thirty
SIX more for the Commonwealth and
thlrty-One for the defence. From this ii
would appear that the trial will consume
several days, perhaps the balance of the
week.
Commonwealth's-At Conway r.
sands appeared for the prosecution. and
introduced Hon. a. J. Montague. the dis
t.uguished Attorney General, and Mr.. Roy
B Lewis, as his associates. The defence
was looked after by Messrs. L. o. Wen
denburg and II. NJ. Smith Jr, and
throughout the afternoon there was a
battle royal between the legal luminares
Carter occupied a seat in the rallied en-
closure with his counsel and beside him
sat his two brothers. his wife. and his
pretty daughter, Miss Annie. Carter was
as nonchalant as ever. and appeared 10
be the least interested party in the court
room. lie was brought into the room
shortly after court opened and greeted
all Of his acquaintances with smile
and a nod, and with many of those with
whom he was on intimate terms he shook
hands. He was attired In neat
suit of gray cloth, and had on immacu-
late linen.
HE WAS TALKATIVE
re clatted pleasantly with everybody
around him until his counsel forbade nis
holding further intercourse with any one
He was still disinclined TO heed tneir in
functions. and for awhile carried on an
animated conversation with his wife, who
appeared 10 be equally as self-possessed
as her husband The only memoer of the
family who appeared to be at all dis
turbed was Mr.. r. II. Carter, the elder
brother. and he bobbed in and out of the
courtroom necessarily, gathering up
small threads of evidence here and there
which might be serviceable TO his brother
and LAYING them before the attorneys IoI
fine defence. with whom he held frequent
conferences.
When court opened Carter settled
down in his chair. and while he appeared
NOT 10 be nervous, he was all attention.
and closely studied the faces Oh lhe
Judge and the men who constituted 'he
veuire from which his jury was 10 DC
selected. AS soon as possible after court
Convened the accused was arraigned
and while Clerk Waddill read the lons
Indictment aloud, Carter stood with ms
ewes fixed upon him until he grew tirec
OF listening, and then gazed around aoou
him and seemingly lost all interest IN th'
proceedings.
FIRST SHOW OF ANXIETY.
His interest was reawakened, how
ever, when the jury was called ana az
each yenireman was accepted ana passeo
into the box the prisoner scrutniZed mn
closely as though to read his innermos
thoughts and endeavor 20 ascertain Whe
tler lcnicncv or sternness was WRITER
upon his neart His wife and dauShtel
shared in his anxiety during this ordedi
and they. too. gazed almost appealinglA
40 the jurymen as each In turn sraVel
and ominously shook his head In respohs'
20 the query, "Have you any conscleau
ous scriples against the intliction OF IN
Death penalty ,
The immense crowd which filed tn
courtroom to its doors and thronged IN
hal outside, also maintained an interest
eI silence during this part OF the proceed
iugs and as each juryman answered III
questions propounded TO him by the cour
O. pin could almost have been hedru U
drop in the CO.. lct-room. That the cas-
has awakened reat interest IN the CIT
was shown by the throng Of weli-to-d
and prominent people who renamed j
The courtroom throughout the day. i
this gathering were many of the leadln
criminal lawyers Of Richmond, ana s
great was their number that IT was soun
necessary TO rope off a space immediate
iv behind the bar for their accommoda
ton.
DEFENCE SHOWS ITS HAND.
There was some delay in securing th
Jury. though fifteen were gotten out {
iae arst vexre Of sixteen. Another ,ceil i,,o' o'
an hour and a half during which tim
court was in recess, but still the apecta
tors fingered. not one Of the many pres
emit leaving his seat. At last the pan'
was completed and then four OF the 81
lected sixteen men being stricken on IN
court announced itself ready to procee'
bat before any witnesses were called q
adiournment was had for dinner
When court reconvened. that Tor whic
The spectators had been waiting was II
yealed TO them The counsel for the 81
clsed had made a profound secret OF u
line Of defence they proposed to follo'
and speculation had been rife, the COZ
census OF opinion being that an emo
would be made TO justify the accused
his deed by proving that he shot In d
fence OF the good name OF his famii
This theory was set al rest by Mr. Wei
denburg when. in calm. deliberate MAJ
ner. he told the Jury that he would el
oeayor to prove by reliable witnesses IN
his client shot in an efrort 10 save n
own life. which was endangered by u
man he killed.
This created profound sensation
the COURTROOM, because 1t came IN "
nature Of a great surprise, but when u
Commonwealth began the examinau'
or It's witnesses, IL became apparent IN
Mr.. Sands ho . prepared himself TO cor
bat any such defence, and that u :"
his purpose not only 20 show tha' !,
deed was done without any such Jusu
cation. but that the prisoner had ID