Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-11-20
IN THE JURY'S HANDS,
CONTINUED FROM PAGE ~


ton that II two OF the shots were fired
from the side, as he claimed had been
shown by the photograph. the other
could not have entered the rear Of the
buggy on direct line from behind, as
Mr.. Tignor had said the bullet which
made the hole in the vehicle must have
done. Mr.. Wendenburg then read from
the testimony OF the decedents widow
and brother, and showed discrepancies
between their statements. He asked:
Gentlemen, II q man goes to prigon for
Forging jurors certificate, do you ina
CINE that he would object to forging tes-
timony TO further his own ends?' Mr..
Wendenburg concluded with an eloquent
appeal TO the jury to return the accused
to the bosom OF his family and permit
him to worship with them to-day. When
he took his seat there was some applause
from the crowd in the courtroom, which
was quickly suppressed.
CRITICISES MIR. MONTAGUE.
Mr.. Smith followed his colleague. and
In the outset criticised Mr. Montague for
his appearance In the case. He said:
II do not believe that my friend Mr..
Sands, felt that he needed any assistance
l think it possible that the suggestion
that no needed assistance came from
some other source. ] have never heard
VI an RtlOTney-NseueTdl OF virginia COlH-
ing into the courts. at least Of this city,
to assistance in the prosecution of a case,
and L say that l do not believe Mr.. Sands
asked the Attorney General TO come here
and help him. l do know this, and II Is
right that this jury should know II,
that the Acknowledgement OF Virginia
comes into this case. not by reason OF
any duties that he owes 10 the people OF
Virginia as the Attorney General of the
State; but IL he is here. he is here in a
private capacity, and If he is paid, he is
paid by the family of the deceased.
say this with respect. Mr.. Montague is
my friend, and | admire him, but / think
1t is due to the prisoner that this jury
should know that he is not here as the
Acknowledgement of Virginia. He Is here
in a private capacity, and his word should
have no more weight than the weight of
any ether private attorney in this case.
Not even is Mr.. Montague a sworn officer
Of the court, yet Mr.. Sands, the Com
monwealth's. Attorney, allows Mr. Mon
tague, who is not a sworn officer OF the
court, to close this case for him. and
that is consistent with all the other JUS
tice, and generosity, l may say, that
has been extended to the prisoner In the
trial Of this case"
Mr.. Smith then made a strong argu-
ment Of the case, bringing forward, as far
as he could, all the evidence which would
tend TO show that his client had shot In
self defence The attorney contented him
self with replying to Mr.. Sands, and
taking his argument, piece by piece, and
point by point, answered him.
At o'clock Mr.. Smith was interrupted,
and the court took a recess until $3.50
o'clock.
MIR SMITHS CLOSING.
III .0n nf1lr.
Mr.. Smith resumed his argument, and re-
| capitulated what had been previously
said by him. He then analysed all the
| points in the case, dwelling on some CT
| them at considerable length. and con-
| cludod by administering a caution to the
| fury against the el0quence Of Mr. Monta-
| que, who was to conclude, comparing that
| eloquence to the music on the Island of
| the sirens. He made a strong appeal for
acquittal, picturing in eloquent language
the homecoming of the accused after he
! might be freed.
| Brilliant Speech by MIR. Montague.
Mr.. Montague followed Mr.. Smith, and
In most eloquent language replied to the
arguments advanced by the defence He
talked directly to the jury in the most
earnest manner, ascending at times 10
high flights Of oratory, and then, drop
forced his points home with great direct
ness.
In opening his address Mr.. Montague
said:
Gentlemen OF the jury have listen
| ed to-day, after an experience Of nearly
| fifteen years. during which / have heard
| many strange, novel, and curious ideas
| advanced, and have heard my friends
| commend both your own commonwealth
| Attorney and myseTf 10 your KIND ana
| patient indulgence; and in the next min
| ute have heard coming from their lips
| that we were here as prosecutors Of this
| poor, unfortunate man. Gentlemen or inc
jury-strangeTs to me, as l am TO you
| but hear me. You and l meet to-day upor
the common plane OF Justice ana upon
to another who speaks the truth, anc
only the truth; and reason, and onlS
| right reason. l would scorn myselI, as
would scorn him whom l nave KNOW
from my boyhood days. If l thought he
or my honorable colleague-shouid ASH
this verdict upon any other ground thai
the reason and the strength or the case
But, gentlemen OF the jury, IN of9eI
that YOU may not be prejudiced by VIVA
my brother here has said with regard t'
nv presence in this case-and II seemed
TO me as L listened to their argument j
would have been better II they NAG ne
voted more time TO the defence OF TN
accused than to clubbing about m!
presence in this case Gentlemen OF I'M
Jury / have heard or nsn calIeu
cuttleash, of which II is sald you car
never see it save by, the mug II maze
in the water and follows in its wake:
have heard cuttlefsh arguments for near
ly four hours and haff to-day.
POINTS TO A PRECEDENT
"Gentlemen Of the jury, you had IA
nous man in the city OF hlCnmOnu a.
one time. His name was Raieigh
Daniel / believe he was Tor elght year
he Acknowledgement of Virginia-per
hans longer. In the first trial OF any not
| that | ever heard as boy, IN the count.
. | Of NIiddlesex, he, in conJuncllon WIN vi
| commonwealth Attorney Oh that c ouli
tv. was prosecutor. He appeared IN I ma
cases throughout TINS Ooihiiion" '''''
| cases of magnitude .,oxoar n
ssDon't understand me, gentlemen
| the iury to maintain-tor notnlnS WIZ
| induce me to depart from VIA l. ' ~
! slider should be frank conuuct towaIu -, a.,
jury--that it is my oiiSlai n%ty an ~
here. hut | maintain that my dpposti on aIlO
~ not incompatible with conVentldllsn
70. fs IN keeping with the TRADITIONS an
o,~S+oDoe of the attorneys throughout VI
Tfnited States and England. But l am nv
eei,ing n verdict on that grounu' a.
simply saying, to you, sS Sn inreiidiced il
arr that / should not pc pISJuuiSSu -,
jury, Is nv the sophistries OF m.
sta,d On the other side. He telis you tild
NJ sands has never been aSslsteu ne -, =
tofore i'm this court. IL aah oa az
mistaken. certainly in one nu NJ sand
my ~ 'nrosecution; but do you think
III tnS ,ffanoe him? No, / accord 10 mn
WIZ ua,,ost and sincere purpose IN tani, ~
an NO az that trial and / only ask that II
Pbt' a,ld likewise be equally GENEROUS
me-" ,,,,e,r, DIR, MURDER.
l' 1ienosed of this personal MAJ