Evening star., 1898-10-28
LAWYERS DISAGREE
Feature Of Proceedings in Trial Of
John Price.
Mr.. DAVISSFAFES HYPOTHETICAL Case
The Attorney for Defense Enters
a Vigorous Protest.
THE COURTS SUGGESTION

The feature of the proceedings today in
the case of John Price, charged with the
larceny Of s16S2 from the Metropolitan
Railroad Company, was an interruption of
the argument of District Attorney Davis
to the jury that developed into rather
spicy scene. The court room had been
crowded all day, the drawing card being
the closing arguments of counsel. Attor-
ney Lipscomb made a talk in behalf OF the
defendant, speaking for more than an hour.
District Attorney Davis then took the foor
to close for the government and to end
the case, so far as arguments were con-
cerned Toward the end of his remarks,
which embraced a severe arraignment OF
the defendant, the district attorney, refer
ring to circumstantial evidence. was stat
ing Hypothetical case. During the same
however. the name of Price was mentioned
District Attorney Davis said something
about the man being done" because he did
not show where he was that day.
Attorney Llp:comb was on his feet in an
instant. He Interrupted the district attor-
ney, obJecting to the remark made by Mr.
Davis, and asking that the iury he in.
structed to disregard it, Mr. Lipscomb con-
tended that IL was improper for Mr. Davis
to inform the jury that price was done be-
cause ne falee to prove an alibi."
Mr.. Davis quietly said that it was perfect
case he saw fit to do.
Lawyers Have a Tilt.
Mr.. Lipsccnb, speaking rather energetf-
cally, thea asked the court that a Juror be
Withdrawn and the case adjourned: Fur
ther talk followed Mr. Lipscomb saving
that he pressed the motion in order to have
the record of the case as 1t should be- Fur
ther talk followed, and finally Mr. Davis
suggested that Mr.. Lipscomb "be given his
record and lie: him sit down"
on, you do, y replied Mr.. Lipscomb, col
oring. WELL I won't sit down" ;"
You will take your seat, if the court so
Directs stated Chief Justice Bingham.
taking hand in the discussion.
Certainly, your honor said Mr. Lips
COMP, If the court declines to hear me-
served. w
Not at all; not at ALL" Mr.. Lipscomb
made answer
IT certainly seems so.' then stated the
chlef Justice He next oVerruIed the mo-
uon to withdraw a juror and adjourn the
case, but instructed the jury as to the
weight that should be given the remark of
Mr. DAVIS that raised the objection on the
part of Mr.. Lpscomb
Later an objection was entered hv a+tor
ney Rose, when the district attorney said
to the jury:
Where are Prices friends to tell where
hep
Arises to Deny.
Just as Mr.. Davis concluded at 1910
o'clock, Mr.. Lipscomb arose to denv a
statement regarding the testimony of one
OF the witnesses, made by the district at
torhey. The latter reiterated the state
ment, and Mr.. Lipscomb was proceeding to
speak further, when Mr.. Davis, with some
feeling, said
i say one thing. you say another. I ask
that the discussion close
Chief Justice Bingham ended the inoi-
dent by ordering a recess.
Given to Jury.
After recess Chief Justice Bingham charg
ed the jury at some length. The Jury re-
tired at POS o'clock
The jury had not reported at 3:12 o'clock
this afternoon NA