The times. [volume] (Richmond, Va.) 1890-1903, 1899-02-24
MAKES A PLEA
FOR LIBERTY.
J. PenrOSe Carter Asks to
Be Released.
THE REASONS GIVEN.
The Jury in His First Trial Given No
Time 10 Agree,
THE MOTION is OyERRULED,
His Iriai Proceeded With. aud a Num-
bor Of Witnesses for the Common
wealth Examined-No New
Features Developed $50
Far-The Buggy
I'm Court.
THE REASONS GIVEN.
THE MOTION is OyERRULtD'

The new feature 800 the third trial Of
James Pcnrose carter for Che killing oI
charles H. Moore. which is now well
under way at the Uenrico County Court
WAS the attempt made boy his counsel
Yesterday morning TO secure his dis
chars. ou thc plea that the jury In his
trst tr,sl had been discharged before it
Dad bad au opportunity Co make snfii-
cieut attemp. to agree.
The courtroom was well hlod when
judge Nlctham asccnded the bench yes
terday morning The prisoner, his WIFE
daughter. and brothers were present as
we're counsel on either side.
Duo ono corner OF the room covered with
a riape of white cloth stood the buggy
in which Moore mot Dis death 10 hay
ine been brought nap from the yard with
considerable trouble m order t0 iaclh-
tate fs examination iy the jury.
THE NEW PLEA.
As soon as court was opened tho pris-
ou.r and his counsel walked around TO
Clerk Waddilrs desk kissed the Bible.
and made oath o. certain papers, the mae
fur of which was not just then made
known.
rbe roll of aItnesac- was then ctlied.
aud after both sides had stated that they
We're ready 90 proceed. Mr. Wendenburs
arose and. holding in bis hand the paper
o. which Garter had sworn. said:
"At the last trial of this case. may IL
please your Honor. We find "a plea of not
guilty. but I'm view OF certain circum-
stances which have since developed, we
wish now 20 withdraw that plea. and
nIe ths one.
Messrs. Sands and Montague after
looking over the papers in question asked
that The jury bee sent from the room
while the point was argued.
This Was objected TO by the defence,
hnl the objection WAS 0Verruled. ana au
exception noted The jury then retired
and the Plea WAS read
Tho paper rccltcs that Carter was duly
tried for the killing of Charles F Moore
nu the 18TH dag Of November and from
that time until three minutes before u
o clock on the night of Saturday the letn,
fhc jury were engaged in hearing evil
d,uec and argument. At the time men-
toned they retired to their room, and
failing 70 agree by midnight were ad-
iourned over until Monday morning No-
Nember 2lst at l0 o'clock
81 this time they again retired to their
room. and remained thirty minutes dur
and four were for short terms the hish-
est not exceeding i've years.
JURY DISCHARGED.
"They were then called into court
saws the plea. con the order of the court.
and the foreman OF said jury stated 90
ine court that hc did not think the said
jury could agree upon 20 verdict. auo.
therefore the court without stating that
20 bad become satisfied That the jury
could not agree upon verdict con- that
ihere was a manifest necessity for dis
charging them. and without informing
the said James peuroso Carter or his
pom-e. chat 10 intended thus 90 discharge
esid jury. and without the knowledge of
.ald james peurOse Garter cor his counsel
.I such Intention then and there disc
charged said iury from giving any Vcr-
oict. Zoo thc great consfcrnation and SUR
prise Of the said james purosc Carter
"ru all of which. continues the plea.
"ihe salC james pcuruso Carter objected.
and SAYS there was uo manifest necessity
lpr SUCH discharge of said jdry. and the
fm, given tncm was Too short for them
to deliberate over the mass of law. COM
ss Ting ot fifteen long. complicated m-
-..ucUons. and evidence in the case. and
$500. too short 60 ascertain their inability
go aBrDe
NON HS IL IDEM
THe plea concludes with the following
statement.
"Aad thc said James Penrose Carter
Says that he has been once put in ieopar- !
dv npon aId for the said charge and of |
fence set 0ut in said indictment. for /
which ht now stands charged. and can |
ii't ny me law of tho land he again tried |
therefor. aad This le is ready. wherefore /
hr rrays Judgment. and that by the court /
hfr, he may be dismissed and discharged !
fIom fhc said premises in the said indict-
fa'u. above specified"
Al The conclusion OF the reading Mr..
Sands asked that 30 be ruled out. Tie
made several points against us admi-
sion claiming that IL was presented too
late in tho c4se
Judge WicAham promptly ruled the
Plea out and the defence excepted
OPENING SrATEMFNTs
Tho jury Was then brought back and
Nr Sands made a brief statement of
what tne Commonwealth expected to
prove.
Mr Wcndcn1urs followed giving the
Circumr tanccs of the case as viewed from |
t.c standpoint of the defence
SIR Wcndenpurg laid gredt stress on
the il'' mat thc buggy in which Moore
was lifting when shot was brought over
80 tne preliminary trial by ar. Sylyanus
whom thc Commonwealth had put ON the
stand az tne first trial oui bad declined
Go do So 40 The second
lle drew attention to the third bullet
hole Boo tho rear ot thc buggy. and said
d. expected 90 show that a. was not
there at Carter's preliminary TRIAL lie
gave notice that n The commonwealth |
did NOT put sylvanus Moore ON the stand
he would ask the court 10 30 so.
TAKING TESTIMONY.
The examination OF witnesses for the
Commonwealth was then begun the first
being Dr. vs.. Y. CrONtOn. county coroner |
who described MoOre's wounds substan-
tally as in the two former trials
Dr. CroxtOn was on the stand more
than an hour and was questioned not
only BY counsel on either side, but 10y J
members OF the jury. who showed great
interest a. the case.
Mr.. NJ H. CAN'T. OF Campbell < Com
pany who took photographs Of the dead