Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-10-09
THE CASE OF CARTER
WILL BE CONSIDERED BY HENRICO
GRAND JURY To-MoRROw.
SURPRISES MAY Be EXPECTED.
The Prosecution aud Defence Both
In Possession of Evidence That Has
Not Been Made PubIic-The Priso-
ner More Serious.

James Penrose Carter, the Henrico
groceryman, who shot and killed Charles
| r. Moore on the road I'm front OF mis-
| store on the mourning Of Saturday. Sep
TENDER 24th, will soon have to answer
before jury for that deed, and It is
more than likely that he will be put on
trial for his life some time this week.
The case will be submitted to a special
grand jury, which assemblies at the
county courthouse tomorrow at IL
o'clock, and then If, as now seems ex-
ceedingly likely, an indictment is found
against him, he will be taken before
Judge T. Ashby Wickham, and his coun-
sci will confer with the Judge as to the
date to be set for his trial. The petit
jury will assemble on Tuesday and it is
thought likely that out of the venire OF
sixteen summoned for this term, at least
majority of those who are to try
Carter will be secured.
The case has attracted considerable at
tention, in view of the fact that the kill
ing appears, from Carriers original state
ment, 10 have been almost without provo
cation, but his counsel have, neYerthe-
less, claimed that Carter will be acqult-
ted, and this statement lends mystery
to the affair. If the statement made by
Carter Immediately after the killing be
true, there would according TO the public
belief. be no chance for a verdict OF ac-
quttal, but Carter now declines to discuss
his case at all, and his counsel seem sar-
gune of a favorable verdict. Great inte-
rest is felt in the case, and it is likely
40 ba frfa Il mill ha ~ nv qG large
a crowd as ever assembled in Henrico
new courthouse.
SURPRISES ON TAP.
The defence undoubtedly has some sur
prise in the way Of evidence which it will
spring when rhe case comes 10 trial, but
the prosecution is in possession OF con-
siderable evidence, and Commonwealth s.
Attorney Sands Is confident that he VIII
make out a strong case for the state.
Both sides will introduce witnesses VINO
will testify TO facts that have not as yet
been given 10 the public, and 1t Is thought
that the principal witnesses for the de-
fence will be members Of Carriers lmme-
date family.
AS has been already published, the pro-
secution has photograph Of the wounds
made in Moore's body by the two shots |
fred by Carter, and it is likely that this |
photo will be introduced TO show that |
the shots were fired while the Manches-
ter contractor had his back turned TO |
Carter. Other evidence along this line is |
being gathered by the Commonwealth,
and on yesterday a survey or the scene
OF the murder was made and a number
OF measurements made. BY these 1t WILL
IT is thought, be shown that it was possl-
Bile for Carter to have seen Moore ap-
preaching nearly a mile from MS store
nd NO lied douu n meet him.
A MOST UNUSUAL CASE.
In its every aspect the case is a most
unusual one. The two men met in the
road. by accident. Carter said and with
out any words. so far as could be heard
by William Winston, a negro plodghman,
who was but a few yards distant. Carter
opened fire. and Moore mortally wound ,
ed fell back in his buggy while his morse |
galloped UP the road and threw him out !
OF the vehicle about 200 yards from where |
Garter still stood.
Winston, it will be remembered, claims |
not to have seen the shooting, because
his back was turned TO the two when
they met but he heard the shots, and
says il was but very short time, indeed,
after Moore passed him on the road, ere
he lay back in his buggy MORALLY wound
ded. Winston, in his deposition given
TO officers of the county, says that car
ter told him Immediately after the shoot
ing that he had done the deed because
Moore owed him for some sand and would
not pay him, and this story was later
confirmed by Mrs. Carter. The prisoner
himself had never denied IT. unless he
made his denial to his counsel, and yet
Mr. Wendenburg, who with Mr.. H. NJ.
Smith. Jr., will represent him, says that
he did not shoot Moore because or any
Il. there
is such thing as justification for taking
human life. Carter was justified.
As the time for his trial approaches
Carter is losing that nerve which charac-
terized him when first arrested, and he
is losing flesh though this 1t is thought,
is due TO his confinement His wife, who
was called upon by a Dispatch man Fri
day, now refuses TO say aught concern
ing the case.