Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-12-22
WEPT OVER HIS BABY.
Carter Visited His Home and
Cried Before the Jury
4 VERY AFFECTING SCENE,
Very Little Progress Made in the Case
Yesterday.
PREPARING THE INSTRUCTIONS
Counsel Engaged on This Work
During the AfternoOn-The Argu-
ment, Therefore, Postponed Until
This Morning at 10 O'Clock.

Very little progress vas made In the
Carter trial yesterday. The entire morn
ing was taken up with a visit TO the scene
OF the homicide, and In the afternoon the
lawyers devoted their time 10 the con-
sideration Of instructions, hence absolute
ly nothing was done I'm the courtroom.
The instructions will, however, be given
to the jury this morning at 10 o'clock, and
Immediately thereafter the argument will
be begun. Mr.. Sands will open for the
Commonwealth and be followed by Mr..
Lewis. after which Messrs. Wendenburg
and Smith will speak in the order named
for the defence. Mr.. Montague will con
clude for the prosecution.
The court met yesterday morning at 9:5
o'clock, and a&toon thereafter as possible
preparations were made for the trip TO
Carter's store and the scene Of the homi-
eide.
THE TRIP TO THE SCENE.
Two large buses were secured for this
purpose, and the jury, together with
Sheriff Solomon and Deputy Fussell, oc-
cupied one, while the Judge, the Clerk,
the prisoner. and the attorneys We're in
the othe~. Messrs. Sands and Montague
were I'm a buggy. The party drove out
the Hermitage road and returned via the
Brook turnpike All the various places
referred to i'm the testimony were pointed
out TO the jury by Sheriff Solomon, VINO
w.s examined under oath by Judge WICK
ham. After this had been done the jury
together with the prisoner, entered the
Carter residence, and there was enacted q
most affecting scene.
When at his home last month Carter
passed his infant I'm arms without paying
much attention 10 il, but this time MS
conduct was different. I'm the sitting
room through which the court passed were
seated Mrs. Carter with the little one on
her lap. Miss Carter and several Of the
little boys Carter entered Immediately
behind the jury, and as he caught sight
Of his family he burst into tears, ana
dropping on his knees in front OF his Wite'
threw one arm around her shoulders
while with the other he caught the baby
10 his breast. Mrs. Carter was overcome
ana bending her head down upon her nus
hands shoulder wept bitterly. while Miss
Carter also shed tears. The infant clung
10 its father and displayed its sorrow with
screams.
HAD BEEN LIED OK.
Altogether the scene was a most affect
ing one. and the jury We're hurried from
the room as quickly as possible. but ere
they departed Carter said between his
sobs: 'AIy poor little baby, they have been
living on me. and say that / passed yox
bv the last time I was out here. and did
not notice you. God knows | love my
baby. and I didn't see YOU that time
Lifting his face so that he might look
into his w.fe's eyes. the unhappy prisoner
said i'm a broken voice: This Is an unhap-
py Christmas for rs God knows / am
sorry | killed that man. but | am In tho
hands of the law now. and YOU all must
prqv for me YOu can't DO anything else
for me but don't forget to pray all the
time" Carter arose after a time. ana
followed the jury from the room. but
even after getting ont into the road ms
frame was shaken with sobs and ms
ewes were wet with the tears ne had
shed.
Tho fur- were taken mp the road past
the DuvaU house and the spot az "hlch
Moore fen from his buggy. ana then re-
entered the buses and were driven past
the < .iecl house ana into the Brook ROAD
and back TO the city. As soon as the
courthouse was reached Judge Nickham
asceudnd the bench and court took n re-
cess for dinner until O'Clock.
THE INSTRUCTIONS PREPARED.
In the afternoon at o'clock court re-
convened. and as soon rs the Judge
asceuded the bench he retired thereirom
and invited counsel on both sides % meet
him I'm his office and confer rs 20 the M
structions they had offered. An immense
crowd which thrOnged even the halls
was present. with q view 10 hearing the
argument but I'm this they were disap-
pointed. for just before O'Clock it was
announced that the argument would not
be- begun until to-day, and shortly Aere-
after the court was adjourned until 10
O'Clock this morning.
The Court would not say what would
be the nature Of the instructions but
there will undoubtedly be- change from
those given at the last trial and II Is
understood that I'm the fight over then
| The prosecution has achieved something
! of a victory.
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