Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-03-01
EVIDENCE IS ALL IN,
Argument in the Carter Case
TO Begin This Morning
VERDICT EXPECTED TONIGHT
An Acquittal is Thought to Be in the
EalSe Of Possibilities.
PROSECUTIONS CASE WEAKENED.
The Defence IN as Strong as before
Yesterday Devoted to Introduction
COntrndicted by His Sister.

morning the argument will begin. This
will consume the entire day. and the
case will go to the jury tonight
Whether a verdict will be rendered to-
night cannot, of course. be predicated
with any degree Of certainty. but the
consensus of opinion is that it viii not
take the jury long to decide the case, and
that there will be no conviction.
The prosecution has not made as strong
case as had been expected. Indeed
several Of the witnesses who testified for
the Commonwealth modified their state
ments in some respects, and the effect
has been to weaken the cause of the
prosecution. The defence has not
strengthened its case, though it has not
weakened. The jury did not care to visit
the Carter store. and the scene Of the
homicide. The matter was left entirely
with them, neither the prosecution nor
the defence being willing to offer a mo-
tion to that effect. and the fact that the
| jurors did not care to view the scene
! was taken by all to mean that they were
| predisposed in favor Of the defence, and
did not care to secure any more informa-
| ton.
THE REBUTTAL TESTIMONY.
The session yesterday was an interest
| ing one. 1t was devoted entirely to tie
| introduction Of testimony In rebuttal OF
| that introduced by the defence. Many
well-known citizens Of Manchester testi-
fed that Charles +. Moore. the decedent,
! bore an excellent reputation in the com
munity in which he lived for peace and
good order, and Jennie Wyatt. a sister Of
the Wyatt boy, who testified for Carter,
| affirmed that her brother told her that
| he witnessed the homicide. In that event.
| he could not have been at the points he
| testified TO having visited that day, and
much Importance is attached to the girl 5
| testimony by the prosecution
When court convened yesterday morn
ing. the defence having rested its case,
the prosecution. began the examination
of witnesses in rebuttal Or. w. V. Crox-
ton was first called. and said that George
! Armstrong. VINO had testified for the
defence that there were but two shots
fired by Carter, had affirmed at the COro-
| ner's inquest that there were two o.
NOR. shots. Dr. CrUxtOn was closely
| cross-eXamined. and several lively tilt-
between counsel resulted. Mr.. Smith
| wanted 10 refer TO the stenOgraphic notes
| Of the prosecuting attorneys but Mr.
! Sands objected. and after an alb solute re-
| fusal on the part Of Mr.. Sands NJ. Smith
! walked around and took the notes. and
| read therefrom Dr. Croxtons testimony
at the second trial, which in some minor
points differed from that given this trial
HAD HEARD THREE SHOTS.
Mr.. Harry c. Beattie, Of Bloomingdale
followed Dr. Croxton. and testified that
Armstrong told him positively that he
heard three shots fired. Witness ais
testified that he had seen Moore going
towards the Seigel building as early as
S o'clock in the morning, and as late as
3 o'clock i'm the afternoon.
Mr.. r.. j. Caudle testified that i'm
mediately after the homicide the buggy
was examined by himself, Throckmorton
Herring. and others, but that he saw NJ
one stoop down and scrutinlze the bottom
Of the buggy.
Jennie wyatt. sister Of the two coloret
bovs who had testified that ollie Guer
rant was not at the Carter store on the
morning Of the homicide, was aske'
by Mr.. Montague if she had been told bl
her brothers that they were present an'
saw Garter kill Moore, but Mr.. Smltl
objected and the jury was taken on
while the point was argued Mr. Smlti
submitted several authorities going e
| show that the question was Illegal, an'
Mr. Montague replied, submitting othe
authorities. He asserted that the boy
had told their sister that they wer
nr.sent and saw the shooting and tina
i'm that event they could not nave bee
grope-hunting. as they had testified. II
thought that the evidence was very cs
sential TO the commonwealth case. MI
Wendenburg argued the point, and ais
submitted authorities 10 show thdt IN
, question was improper.
SAID HE SAW IT.
The Court oyerruled the objection. an
! witness was asked:
Did not Allen tell YOU that he sG'
the shooting Of Moore?
Yes. sir he told me he saw IT,"
How far did he say he was from It?
"He did not say.
Mr. c. r. Boyldn followed. and wa
, asked about Mrs Carter's testimony. on
lection was raised. however and the Que
tion was temporarily withdrawn. NJ
Rovlxin being then asked as TO the test
monv Of H. H. Duval. At the second tris
Duval had testified that he was I'm tn
house when he heard the shot on th
week before the homicide. alleged 10 hay
been fired m "a calf. I'm the pending tris
he testified that he was outdoors whe
the shot was fired.
Mr. John W. MasSie. Clerk Samuel
WaddIl. and Sheriff Simon Solomon test
fed 10 the same thing.
Maggi. Goode testified. as she d.d be
fore that Allen and Percy Wyatt ha
come 10 her house at Bloomingdale. an
so far as she knew had not been 10 Broo
nm Post-Ofice she did not think the
had come the route they had said.
Mr. Herbert Ferguson testified that h
had driven 20 Manchester with ;.
Moore when he drove the buggy from III
preliminary trial.
W. c. Saunders was called and asked
there was any washOut In the ROAD nea
Carriers store at the time OF the HON
eide. and attempted TO reply, but he conl
! NOT locate the washOut without arguin
the matter and he was excused.
BUTTERBEAN VINES.
Mr.. l.. u. Quarles testified 10 the wasl
out and said II was between the secon
] and third telegraph poles Being aske
II any vegetable growth was in the Carte
/ ward az the time OF the homicide whlc
, rrioht have obstructed Miss Carter
C ~ witness said that there was a thi
, yrowth of butterbean vines. The pole
h. said were about six feet high an
, about -FOUR feet apart. and ran 10 With
. Ten feet of the fence. There were abo'
: ten rows extending over $50 yards. WI
> ness under cross examination, expresst
The belief that Miss Carter could hay
seen over the vines.
, MIR. ]. A. Blanton being next calle
testified that he had never seen Cart'
4 carry a pistol.
r The prosecution at this junction WEI
into a rehustal Of the Moore charac''