The times. [volume] (Richmond, Va.) 1890-1903, 1898-12-16

from the room OF all witnesses I'm the
case. among them being included the
prisoners wife and daughter, whom Mr..
Sands stated the Commonwealth would
put on the stand.
Mr.. Sands then opened the-case as be-
FORE by general statement OF what the
Commonwealth expected TO prove lie
then gave a brief resume OF the case,
with the facts in which readers OF The
Times are so familiar.
The Commemorative attorney again
stated that he expected 80 prove that
Carter had been sitting on his porch Tor
half an hour on the morning OF the
shooting waiting for Moore. had gone
out to meet him. shot him twice In the
back. and put third bullet directly
in tho back Of tho buggy. Further he
said. he would show that II was Carter s
invariable custom 10 come 10 Richmond
on Saturdays. but that he remained at
home on September 9th the date OF the
shooting. for what purpose he would
leave the jury 10 judge from tho evil
dence.
For the defence Mr.. Wendcnburg stated
that they expected 10 prove that there
had been no lying in wait on the part
OF Carter and that the deed had been
committed because the prisoner believed
II was necessary TO protect his own IRE.
Mr. Wendonburg diiated especially on tne
number Of shots fired and said that they
expected 10 prove by Miss Garter Mrs'
Carter. Willie Winston and by Mr Arm
strong that there were only two shots
fred by Carter.
'eTbis last witness" said Mr.. Wenten-
bure Eve did not know OF at the first
trial. He was q Commonwealth witness.
but they did not put him on the stand.
.sYou must confine yourself strictly 70
a statement of fact. Mr.. Wendenburg'
said Judge Wickham. III, h,s
Mr. Wendonburg continued Win ms
address 10 the jury ana was repeateelS
cautioned by Judge Wickham 70 conhne
himself to fact and not 10 make an arsu-
ment Finally. the Judge SAID;
"Mr. Wendenburg. / shall not caution
Won again. No man in this court room
knows the difference between s'aVe-
mont of lact and an argument better
than yourself You must not u'sres''u
my admonition again
ANOTHER OFFENCE.
nile later. however. Judge Wick
t5n, vas again forced TO interrupt Mr.
vvendenburg when the latter stated ne
evnocted to prove something by an IN
from the Court. The Juoee
eeened about 10 take some radici reu'eus
aFTUF
ia confne Mr Wendenburg to stateihen.
Of fact. but the latter quickly saio 'na'
he understood the Commonwealth az
tornev to have made similar S,ty
uent I'm his opening address. Ihe slo'-
@nnt vent no further. and Mr.. Wehueh-
hrrg soon after closed his address
Dr W Y. Croxton, county e9ionei,
who WIS called TO the scene OF MooIe
Geatb ana held n post mortem sN"Na s,
nation. was first put on the stahu' ,sr. Sna
tos,ised SUBSTANTIALLY 10 the same eiiect
as al the first trial of Carter.
In the course of his examination ~
Croxton was asked TO give his opinion
ae an expert regarding the position Oh
Carter when he fired the pistol.
lie might have been slightly 10 lhe
rear of the man he shot replied DI,
erosion. cor the man may have turned
his body from him =,
Or Croxton and the commonwealth
cot somewhat at cross-purposes regard
Inc the relative positions of Garter ana
Moore al the time OF the shooting but
The outcome was that the witness eN'
pressed the opinion that the former