The times. [volume] (Richmond, Va.) 1890-1903, 1898-12-23

officer that It is your duty to aoquit him.
But IL you do not believe them II IS your
duty 10 convict the prisoner
THE PRISONERS DAUGHTER.
The Commonwealth s-Attorney then
called attention 10 the long silence OF the
prisoners daughter as 10 what she had
seen. she having only conhded IN Your
persons in two months. and commented
upon t as very strange.
Taking up The young lady's testimony
he said that be admired "a child for stand
ing up for its parents. but that she had
exceeded her duty IN this case.
Mr Sands commented upon the daugh-
tors cool manner. as testified 70 by her.
when she saw the shooting. and claimed
that the defence was made up at a period
some time subsequent 20 the homicide.
Mr. Sands next took up the testimony
Of the prisoner. and pointed out what
he claimed were Inconsistencies. Taking
n seat In the witness-chair, he illustrated
his points. lie controyertcd the statement
OF Dr. Isaiah Il. White. that a party
drawing a pistol from his right hip
pocket would lean 20 the right. The nat
ural motion. he said. was toward the left.
at the same time looking at the man for
whose benefit the weapon was being
drawn.
The coat Of the dead man was exhibited
10 the jury by Mr.. Sands. the bullet hole
under and behind the left sleeve being.
ne said. rofutation ~ the claim that 1t
could have been fred from the side.
THE PHYSICAL FACTS.
"Au the physical facts are against the
prisoner" said Mr. Sands
Mr.. Sands tncn took mp the number Of
shots. and the hole i'm the back Of Moore s
buggy. and the testimony relative thereto.
"Wml YOU" he said. 'believc the tes-
timony of Mr.. Chidrey whom you have
known all your life? VIII YOU believe Mr.
Fusseu whom you have known all your
life? or will you believe this man who
s. charged with MURDER
Mr. Sands then paid his respects to the
conflicting statements Of Mr. George
Armstrong. Regarding cyclone Samuel's
testimony Mr.. Sands said that IT was
more of a joke than anything else
"You all know Cyclone" he said. II
would not say anything 20 harm him. but
/ believe he was talking for notoliety
] don't believe he ever saw Moore's
buggy. lie was examining one. and talking
about another
Mr. Sands continued speaking very We
hemently for some time then checking
himself and apologzing for his warmth.
proceeded TO explain the instructions 10
the jury. The Commonwealth he said,
must show that the killing was wilful
and premeditated to constitute murder in
the first degree failing in that 81 was
murder I'm the second degree, and the
burden Of reducing it lower was upon
the prisoner.
THE SECOND DEGREE.
After concluding the explanation OF the
Instructions Mr.. Sands said:
"Gentlemen OF the jury, If you believe
every word Of the prisoner and his
daughter it is still murder I'm the second
degree. punishable by imprisonment for
not exceeding eighteen years"
Later on Mr.. Sands. summing UP the
charge against Carter. said he was guilty
Of "avarice. revenge. and murder" II
these crimes should 90 unpunishod. he
said. courts and iuries might as well be
done away with.
"Do not say by your verdict TO the
criminal classes" he cried. that they
have a right to shoot down citizens on
the road DO not say that you will have
sympathy with this mans family and
little children. Ny God. gentlemen there
are other homes. other wives and other
little Children"
Mr.. Sands spoke for nearly two hours,
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