Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-11-17

The evidence against James PenrOse
Carter charged with the murder of
Charles Fox Moore, has been about all
~ omitted. The Commonwealth practical
' lr concluded its case late yesterday
.I,ernoon. While the attorneys for the
prosecution have skilfully woven a web
around the accused, the counsel for the
defence who will probably begin to-day
t1 submit their evidence, are still conf
dent that their efforts in behalf of their
client will be crowned with success.
The sessions of the court yesterday
were fraught throughout with sensational
Incidents, but the greatest surprise Of
the day occurred in the afternoon. when.
with Mrs. Moore, the widow Of the de-
cedent on the stand Mr. Wendenburg
By cross-examinaion. sought 10 bring out
The fact that she had been forced to have
her husband arrested last fall on the
charge of attempting to kill her.
This fact undoubtedly had great weight
with the jury. and precipitated long
and vigorous discussion between Attor-
ney-General Montague on the one hand,
and Mr.. H. NJ. Smith, Jr., on the other
The question and answer were ruled out
by the Court, but the jury had heard
them. Mrs. Moore had testified to the
fact that il was not her husbands GUS
tom TO carry firearms, and added that
ne did not possess a pistol. and never
carried one. hence Mr.. Wendenburgs s
question came in the nature of a thun-
derbolt out Of a clear sky.
BELIEVED IT SELF DEFENCE.
This surprise was not the only one rung
I'm by the defence during the day. Mr..
Charles ". ChildIey, friend OK Car
ter's. 10 whom he made a statement con-
cerning mis- motives for the deed-and the
only person. SO Tar as can be learned,
whom he did talk to-was placed on the
stand by the prosecution. and made some
damaging statements, asserting that Car
ter had told him that he killed Moore as
the result of a dispute over a financial
matter. The prosecution ceased its direct
examination Of the witness with this
statement, but the defence then took the
witness in hand and by a rigid cross
examination elected from him the infor-
nation that Carter had impressed him
forcibly during his entire recital Of the
facts IN the case, with the idea that he
had acted in self-defence. Mr.. Childrey
even went so far as 10 assert that when
Carter told of how Moore started 10 leave
hrs buggy he illustrated the action, and
placed his hand behind him, indicating,
though he did not say as much. that the
decedent started 10 draw pistol.
SHOT FROM BEHIND.
The prosecution endeavored during the
forenoon 10 show that the two bullets
'H .r.fa
from behind A photograph OF the wounds
was introduced 10 show this TO be the
case Coroner 'TroxtOn testified that the
wounds were of a nature that would most
IneIy have been caused from pistol
fired from the rear. Mrs Moore told OF
t. hole found in the back of the buggy,
which Mr.. TignOr, an expert on firearms,
said was undoubtedly caused by bullet
fired from the rear, and other witnesses
examined gave testimony which in mea-
s-ra bore ont this theory.
ln che afternoon considerable time was
devoted to showing that the prisoner
could not have shot in sef-defence. Wit
ness after witness was examined to show
Chat Moore had no weapon about him
when he was killed, and that he could
i.- have raised up in the buggy TO at
Tempt 10 shoot at Carter. for the top OF
l.e vehicle was too low to admit of any
such action. Further. the prosecution en-
c.sFored TO show that the accused had
made all preparation for Staying Moore.
and that he had his pistol oiled up mo
iolealy and ready for quick action This
point however, was not emphasized
DOES NOT SEEM CONCERNED.
The demeanor Of Carter in the court
room has attracted much comment. lie
does not seem to be seriously concerned,
b4t smiles frequently. While Mrs. Moore.
in deep mourning. was on the stand the
prisoner looked her full I'm the face until
N almost seemed embarrassing. When
1r Wcndenburg referred 10 the trouble
between Mrs. Moore and her husband,
Carter smiled as though ne felt a spirit
~ triumph.
Carter did not have the company of his
wife and daughter in the courtroom yes
lefiay; they were excluded as soon as
court convened by request of Mr.. Sands.
VINO said he was informed that they would
It introduced as witnesses for the de-
fence. The young lady LETT her fathers
slue with tears In her eyes. and the SYM
pathy OF all who observed her distress
went ont TO her on the other hand, her
mother left the room with a naughty air.
ana as she arose flashed her eyes al Mr..
sands in token OF her dispeasure at his
action.
AT AN INTERESTING POINT.
This was the opening scene in the days
Proceedings and as soon as the ladies
leit the room and the jury had taken
their seats and been polled the evidence
was again gone into. The examination
n witnesses for the prosecution con-
slmcd tho whole of both sessions, and
The Commonwealth indicated that IL was
about ready 10 rest its case. A few
more witnesses may be pm on this morn
Ing before the defence begins. The trial
u attracting widespread attention, and
tie courtroom is nlleo al ihc time
The case has now reached most In
terestlng stage. aaI speculation Is rife
a. 10 what the verdi viii be. The cvi-
dence thus far has really Dronghr oct
hitlo that was new. The public knows
little more abouJ tn kiilins tnan WAS
told IN the Dispatch the morning after
he tragedy. Counsel for the prisoner
have shown plainly that their chief de-
fence will be that Garter shot Moore 10