Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1899-01-04

loi. rnal on the way UP town one gave
the pistol to the other. that near the
scene OF the shooting one of the defend
ants said to the other. There they go,
let's give it to them." and the evidence of
Messrs. Hannah and Kemp. He held
these things made the instruction good.
instruction No. s was next taken up, and
Mr. Boyce's objections were met
As to the raising of money by subscrip-
ton to employ assistant counsel, Mr..
Howard said not only had the friends of
the deceased right to do that, but citi-
zens as well, in the interest OF law and
order; but he conceded that such SUBJ
scribers ought not TO be upon the jury
Mr.. Howard then passed to considera-
ton of the objections of the defense to
his argument to the jury, and said the
ONLY AUTHORITIES CITED
came from Kansas. North Carolina and
Texas, and none were cited from Virginia
or West Virginia, or the great States of
New York and Pennsylvania. The cases
cited did not apply to the case at bar, I'M
less the conditions were absolutely SINH
lar The sole question involved was,
what is the latitude of counsel in ad-
dressing jury? There is no rule. and
there cannot be rule laid down by the
Courts In all the States the rule is to
allow the widest latitude, and our State
has followed this. 1t is vague term but
it certainly does not mean that counsel
is restricted, and there is a ditfereace be-
tween arguments made as such, and
something provoked by remarks from the
other side The Court recognizes the
right of counsel to retort, and in saying
this Mr.. Howard said he was sorry he
made the statement about being aD-
preached by the defense but it was called
forth by one of series of questions pro-
pounded by Mr.. Boyce, and was a proper
retort. 1.-THE widest latitude is allowed
whatever this may mean, and the right of
retort is allowed There can be
NO FIXED RULE,
because every case differs in its facts;
still, if your honor thinks the evidence
sufficient, it must stand" Counsel might
be reprimanded, but if it was a proper
verdict, it must stand no matter what
counsel might have said. IF that is not
the law, then / do not know what the
law is Mr. Howard cited a number of
authorities in support of his contention,
and after reviewing all of the points
some and justifying others, he said that
it was not only proper to say the things
he had said to the jury, but it was the
duty of counsel to make that sort of
statement. He particularly referred to
the common bit of fiction that the Prose-
cutting Attorney represents the interests
of the prisoner at the bar as well as the
State, and said it was not true, and 1t
was because it was not true that he had
taken pains to tell the jury that he spoke
to them as a partisan, that there might
be no misunderstanding of his attitude.
He concluded with a strong claim that
the verdict was right and proper, and If
based upon the evidence, should not be set
aside for any other reason. His address
was carefully listened to by a large aud
fence, a considerable number of attorneys
being present in the court room. He con-
cluded at five o'clock.
Captain Dovener said to the Court that
If he commenced his argument he would
not be able to conclude before time for
adjournment, and the Court accordingly
adjourned until this morning, when Mr..
Dovener will present the closing argument
for the defense. He will include in his
grounds for new trial that the verdict
was not warranted by the evidence.