Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-12-25


ne becomes almost hysterical, and the
view was freely expressed in the court
/ room yesterday that II he il kept much
longer in confinement he viii entirell
lose his mind.
Ihe question which naturally arises
now mat another hung jury has resulted
IN the case. is as to when the next triai
VIII be held. The case was set yesterday
Tor the first day Of the next term, which
1 Is the second Monday in January. or the
hlhth day Of the month. IL will certainly
not be tried on this day. however. but i,
seems now to be likely that il will como
up on the following Tuesday the 10th IN
thdt event the January term OF the Hen.
rico County Court will be an exceedingly
busy one. for there are several important
cases FOR trial during that term. and tht
grand jury, which meets on the 9th. wi
probably find an indictment against Ford.
the man charged with criminal assault
upon a little 5-year-old girl, and on Tort
VIII be made 10 have that trial in Jauu
ary' as Ford has been in Jail for two
months
WILL NOT NOLLE PROSEQUL
In Virginia there has been an unwrit
ten law for many years that in event q
three mistrials, or hung juIies the ac
cused would be freed by a nolle prosequl
entered In his case by the Common
wealth's Attorney. but there is no rule
Tor any such action. and Common.
Wealth's-Attorney Sands said to a Dis
patch man yesterday that he would, un-
aer no circumstance, nole prosequi this
case. II WILL" he said, continue 10 Try
carter so long as l can find a jury until
ne Is either convicted or acquitted"
The Carter case has been In many re-
spects the most interesting murder trial
held in this city since the famous ,-iuvc-
rus case was tried. Both Carter and
his victim Moore were well known in this
section Of Virginia, and both had many
friends. Moore was known as an inof.
fensive sort of character. though weak
IN many respects. Carter was not thought
TO be a dangerous man, but IT was known
that, above all things. he was avaricious.
and that he always carried a pistol with
a view TO protecting his money which he
carried largely upon his person.
THE EVIDENCE.
According 10 the evidence adduced in |
the two trials which have been had |
Moore was indebted to Carter in the sum |
OF 50, and showing no disposition TO payI
the amount angered the accused. The |
prosecution has SHOWN by the evidence of |
q little cOlored girl who was at Carriers |
store on the morning Of the homicide |
that Carter was on the lookout for Moore. |
but the defence have endeavored by every
means known TO them TO disprove this
testimony. Carter denied positively hav-
ing seen the girl on the morning in ques-
tion, and claimed that he killed Moore in
sef-defence while that gentleman was
cndcaVoriuE 20 draw a pistol and spring
from his buggy upon him. In this he was
corrobOrated by his daughter who claim
ed to have seen the entire affair from a |
side door OF the Carter store. She as
serted positively that her father never
shot until Moore put his hand behind him
as though to draw a pistol, which the
Commonwealth proved Moore did not pos
sess and she stood by her father In a
noble manner. She, however. changed her
testimony at the last trial from that sheJ
gave at the former trial, and asserted
hat when her father shot Moore the
Unfortunate Manchester contractor was
not looking, and in this the prisoner cor
'oborated her, thereby doing his case
much harm.
THE HOMICIDE.
The homicide caused somewhat Of a
mild sensation In Richmond at the time
# its cOmmittal. Moore a well-known
builder, was engaged in the erection Of a
near Lakeside for Mrs. Leonora
;eigel, and in going 10 and from the
,uilding each day was forced TO drive
" Carters store. The two became quite
intimate. and Moore engaged Carter 10
Iaul a lot of sand for him. All the money
or the sand was paid save S. and when
'arter endeavored 70 collect this Moore
ecame incensed and ordered him from
he premises. This was the beginning of
,ad blood between the two men, and on
he second day following this quarrel
loore was shot in the back near Carters
tore and fell from his buggy dead, 800
ards above the store. Carter admitted
aving killed the man. and came to Hen
leo county courthouse, where he sur
endered himself. but declined positively
o give any explanation Of his deed save
hat ne said Moore would not pay him
he s. he owed him.
Carter engaged Messrs. J.. O. Wenden-
urg and =. NJ. Smith, Jr., to defend him,
nd Commonwealth s-AttOrney Sands Sc I
ured the assistance of Attorney General
lontague in the prosecution, while tho {
loore family retained Mr.. Lewis. A
irong legal battle was fought but at the s
rst trial the jury was unable 10 agree,
landing eight for acquittal and four for y
Dnfinement in the penitentiary. The evil q
ence Of the cOlOred girl had not been '
itrOduced and hence the Commonwealth a
)ud only hope for secOnd-degree YER h
let. |
MIR. WENDENBURG WILL REPLY. p
The case came up again for its second a
ial on the 18th of this month and all n
e additional testimony being adduced, s.
he prosecution made a strong and vigo-
,us fight for murder in the first degree.
r. Wendenburg, in his argument, took
cason 10 rather severely criucise Mr.. u
ontague for appearing in the case, and n
e Attorney In his reply made n
most bitter and scathing criticism OF b.
s opponent. Personalities were in 7
llged in most extensively, and it was u
ought by many that bad feeling would O
engenGered between the .wO lawyers. "
II Mr. Wendenburg seems not TO have | bi
ken offence at the words Of afr. Mon Ot
que. and the matter is practically set T.
ID until the next trial, when IL is "
ought Mr Wendenburg will make ii
yorous reply 10 the Attorney-General n
a that the latter will respond with even y,
pre- bitterness. pi
The two trials Of Carters case have put "
p State 10 considerable expense. Each h,
al cost about 500. and altogether the -
micide on the Hermitage road last Sep ~
nber Will aggregate In cost TO the Stale Ia
out $500 e.
Carter's Father n Han2mnn. al
as. Penrose Garter. the prisoner. comes n
,m a wcll-Anown family OF Henricoars. Is
5 father. now dead, was for years n,
putty United States Marshal in this ha
trict. and as such was many years ago
led upon 20 execute two pirates who
re hanged in this city. This execution
$ made in public and attracted bi
ge crowd of spectators from all over u
country. -, ."
enrose Carter did not see the execu- II
n, but he told Dispatch reporter Of ut
III