Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-02-24
CARTER CASE BEGUN.
MS THIRD TRIAL ron MURDER
COMMENCES IN BExaIco.
PRISONER FILES A NEW PLEl.
Claims That the Jury Was Dis
charged Before Given subicfen'
Tt,.e so Tausfd~r-JbIs f. Reject
~d--Nsny Witnesses Heard.

DAY. the preceding days having been CUT
suned IN getting jury, and copsi1efaD's
progress was made IN the EXAMINATION OF
witnesses. The prosecution put fourteen
on the stand. and Mr. Sands SAID Ias'
uight that he hoped 70 conclude to-day.
Tn. most interesting feature u the trial
in that IL was a new feature, vas the
plea filed ~ the pTisoner amending Dis
original plea Of mot guilty" This was
fled as coon AZ court opened yesterday
morning and was rejected BY Judge WICK
ham. The prisoner contended that there
was error IN the record Of the last tflai'
and that by being placed on trial again
he war being twice placed im ie)paroy ioi
the same offence Had bic plea been s1S-
tsined the eject would have been me
dischsrge Of Garter from custody.
THE EVIDENCE NOT 80 STRONG.
The evidence thus far adduced by the
prosecution II not 20 strong ~ that eheit-
ed 81 the last trial. some NJ the witnesses
weakening IN their statements rehecins
on The motives ~ the accused SIR Sands
las other witnesses set % BE- heard. how
ever. and hopes 10 present equally as
strong a case before he gets through.
Carter looked carew0rn when Doe enter
"a the courtroom yesterday morning ana
be loilod back in his chair during the
entire Gay IN a listiess sort of iashion
with bis head on his hand most II the
time. Ills brothers Sat beside him, but
all three displayed great nervousness.
Just after court opened. and while the
witnesses were being called, Carter to-
gether with Mr. Wendenburg. walked
around 10 the clerks desk. and. Kissing
the Bible took ooth 20 something when
was not az that time made known. Aitcr
the roll Of witnesses had been called
both sides siguined their readiness 20 pro-
coed and The witnesses were an s"ofn
This being concluded. Mr. WendenDufg
arose with the papcf Carter had sworn 20
iu his hand aud said. "May 81 please your
Honor. al the last trial 81 this case We
MED a plea Of not guilty, but in view
OF certain circumstances. since developed.
We desire now 10 withdraw that plea ana
flo this one
THE PLEA.
BEFORE the plea vas read. Messrs. Sands
and Montague glanced over 10, ana Mr.
Sands asked that tho jury be sent from
the room while the plea Was read. ne
defence domurred, but the objection was
ovsrruled and the plea was READ by MI
Weudenburg as follows.
lanes ponrose Garter ads. Common
wealth. plea ~ once in jeopardy
And the said James Itnrote carter IN
his own proper person Hi''r ha,lns
hoard tho snid Indictment read. comes
and SAYS that no further proceedings lh
the premises ought 90 be had or tak'h
against him On the said iudlr lih'nI "
eauno he Gays that ON The luth ohy on
November 1885 ia the County Court OF
UenricO county. Va, be. the said James
ppnrose Carior WAS arIaiguCd upon TINS
came Indictment and upon his hiihth-
ment pleaded mot guilty ana upon lue
issue Joined thereon between the ''in-
monwcslfh and the rsid james PenroHe
Garter he. the said James Pcnfosc Car
ter was put upon his trial aud coh-
petent and legally qualined jury h' tWt'n
the Commonwealth and the tAlu James /
ponroae Carter, upon Tho reld indictment
on the 18th day Of November, lhs', Mss lh
due form OF law drawn, selected, ana lh,
paneied charged and sworn 20 Wen
and truly Try the s1id Issue, uhd lhele-
upon the said jury having he"in ioi
three dayF tho evidence Of forty Wit
nesscs. introduced na we'll boy the Com
monwealth as tho said James ltnroTc
Carter were on tho 18th Gay or N"NC M
Dor lhgs. adjourned over until N1lhldt4
murfluQ al 10 o'clock November 49, lhfA.
and having then from this hour until
three minutes before ID o'clock midhi6hl
of said Saturday with the exception OF
the adjournment for dinner ana supper
heard the arguments or counsel ABOUT
two minutes before said miduishL re-
tired 20 their room To- deliberate upnu
their verdict. but falling to agree IN the
minute preceding said midnight were
Immediately called into court ana add
1ourned over unul inc i"No"lnt M"nut4
morning November "a. lNN ut 10 O'Clock
at which time they again retired To thtir
said room 60 deliberate upon their YER
dict. and after so remaining iu Ncif
room a period Of thirty minutes, during
which time eight OF said jurors voted Tor
ncQulttHl while tho rcmnIulNf Four were
FOR short terms ~ imprisonment the
highest not exceeding i've years, they
We're called into court on the order Of The
court and tho foreman ~ said Jury
stated to tho court that he did not think
The said jury could agtee upon a verdict
and thCroupun the Count without stating
that % had become satisfied that SAID
Jury could not agree upon verdict, or
that there was "a manifest necessity Tor
dischafring them and without informing
the said James icnrose Carter or MS
counsel that it intended then 90 as
charge said jury. auG without the know
ledge ol Che said James feurose Garter
or his counsel of such intention, thch
Swing verdict to The great eonHlei-
nation and surprise ~ the said James
lenrosc Garter amt the one OF ms f"lu
counsel Who was then m said court 70
an 81 which the said James ienrose Car
ter objected and SAYS there was no mani
fest necessity tor such discharge or INC
said jury. and the time given them Was
too short for them 90 deliberate over the
mass 90 law, consisting OF nfteen long
and complicated Instructions ana evidence
in the ease. and was too short 10 asetf-
tain their inability TO agree ana the
Court failed 90 say in It's ORDER 'hSiN
after drawn discharglng said jury, that
a. became satisfied that the SAID jury
could not erree or that there was mani
fest necessity for such discharge nut dla
SAY boz said order The raid jury welN
brought into court and retired 10 thelt
room 60 consult OF their verdict, ana az
ter some time returned into the court
room and declared they were unable 20
agree ON verdict Whereupon I'M car
ter one Of said jurors was WITHDRAWN,
and the rest of the jury from rendering
a Vsreict DISCHARGED and tho case con-
tinued untn the next term OF the court
for a new trial" SC, Aud the said James
penrose Garter says That he has betn
once put ina jeopardy upon ana ior tae
Indictment FOR which h. now stands
charged and cannot by the law OF the
land be again tried therefor and this he
is ready Go verify Wherefore, ne pray
judgement and that 10y the court here he
may he dismissed and discharged from
the said premises IN the said indictment
above specified
JAMES PENROSE CARTER.
l. q. WendSnburg and H. NJ. Smith,
Jr., n. g.
sworn "a nv James Penrose Carter be-
fore me this sSd tay of February. 1879.
SAMUEL u. WADplLL. Clerk.
THE PLEA REJECTED.
MIR, Montague moved that the plea he
rejected. and Mr.. Wendenburg aVgued at