Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-12-14
THE CARTER TRIAL.
THE PRISONER WAS NOT ARRAIGS-
ED YESTERDAY MORNING.
An ABSENT WITNESS CAUSES DEL,Y.
The Prisoner I'm Court Ready for
Trial, hut the Commonwealth At
torney Asked for the Delay-List of
the Nenire.

James Penrose Carter was not placed
on trial in the Henrico County Court
yesterday TO answer the charge OF slay-
Ing Charles Fox Moore. His case was
called, but in the absence Of a very ma
terial witness for the Commonw ealth,
the court adjourned over until IL o'clock
this morning. when it is thought the Ge-
hnQuent witness Will be present.
Carter was in court and looking better
than when last he appeared before the
tribunal. He had evidently been coached
by his counsel. for he had lost the nom
chalant air which characterized his COR
duct in the courtroom during his last
trial. and he appeared much more serious.
When he entered the courtroom he
was accompanied by his wife and daugh-
ter and brother. all OF whom took seats
beside him Immediately in rear Of his
counsel The quartette carried an earn
est conversation until the court con-
vened, and seemed very much interested
In studying the faces OF the sixteen men
who composd the venire summoned 10 try
him. These gentlemen sat In the jury
their surroundings.
THE JURYMEN.
Those who answered to their names
were.
John Coltart, of Erin Shades Post-Office;
G. Il. DIETRICH of Coal Hill; a. Il. Snead
OF Erin Shades; j. w. Holman, of Erin
Shades; James f. Crittenden, OF Glen
dale; b. +. Bendall, of Fort Lee; Thomas
Of AF.Ix Vol .f
Cotman's; w. T. Warmer, of Glendale;
Arthur Cornwall of Varina District; Ed
ward Shipman. of Tuckahoe District; John
Southall, of Glendale; Charles Lenhausen,
of Tuckahoe District; William Is. Grover,
of Narina Grove; II. G.. Wakefield OF
Brookiand District, and James Gatewood.
of Malvern Hill.
The court assembled promptly at II
o'clock yesterday morning, and the at
tendance was sufficiently large to fill
every seat in the spacious room. but there
was not that vast crowd which had at
tended the trial last month. Interest IL
the case seems TO have tagged some
what now that ii is known what the line
Of defence will be.
WITNESSES ABSENT.
AS soon as Judge Wickham ascended
the bench the case of the Commonwealth
VS.. James Penrose Carter was called. The
names of the Venire summoned for his
trial were then read. after which judge
Wickham asked If counsel were ready 10
proceed with the trial Mr.. Smith askej
permission TO examine the list OF Venlre-
men before answering and While he wa
thus engaged the names of the witnesses
summoned by the Commonwealth were
called All but three-Messrs. Epps AM
Beattie and the negro, c. \. Anderson
answered TO their names, and Mr.. Sands
said he was unwilling 70 proceed without
these witnesses. The court took short
recess, and Mr.. Beatie and Mr.. Epps
were soon found Anderson did not show
up. however, and a rule was issued for
him and placed in the hands of Consta-
BILE John Mann. A recess was then taken
until o'clock and at that hour Mr.
Mann repirted that he had found Andef-
son lying down at his home and complain
ing of being sick The Commonwea. Tn
said it was unwilling TO proceed withoI.
Anderson, as his evidence was very mate
rial to it's case, and the court adjourned
over until this morning, capias being
issued for Anderson.
Both sides, it is thought will be ready
to 20 into the case to-day, and it is likely
that an effort will be made TO secure
Jury some time this morning. In the
mean time, the counsel have not failed
TO expend every EFFORT in their power
to secure additional evidence. The ON
monwealth has evidence which it has re-
Gently secured, which Messrs. Sands and
Montague think will have a decided zen
dency 10 convict the prisoner. and the
defence have secured considerable evil
dence, which will. they hope, Offset that
secured by the prosecution.
CARRIERS PISTOL.
One fact just brought to light may tend
to show that ii was Carriers custom to
carry pistol. Some time before the homi-
eide he was at Mr.. Fritz Sitterding
lumber-yard, buying some lumber Mr..
Hatke. one OF Mr.. Sitterding's employees,
was waiting on him. and did not move
fast enough to suit his customer.
step lively, there. young man" said
Carter, cor I'll shoot you"
ooh. you wouldn't shoot me-" said
Hatke.
Il would, too" said Carter, and, suiting
the action to the word, he jerked pistol
from his pocket and blazed away.
The ball did not strike Mr.. Hatke and
Mr. Carter explained that he did not aim
at him. but only shot in fun. This fact